U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:20-cv-03315-ER

Fernandez-Rodriguez et al v. Licon-Vitale Assigned to: Judge Edgardo Ramos Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)

Date Filed: 04/28/2020 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question

Petitioner
Cesar Fernandez-Rodriguez individually and on behalf of all others similarly situated

represented by Alan Mark Vinegrad Covington & Burling LLP (NYC) 620 Eighth Avenue New York, NY 10018-1405 (212) 841-1000 Fax: (212) 841-1010 Email: avinegrad@cov.com ATTORNEY TO BE NOTICED

Andrew Arthur Ruffino Covington & Burling LLP (NYC) 620 Eighth Avenue New York, NY 10018-1405 212-841-1000 Fax: 212-841-1010 Email: aruffino@cov.com ATTORNEY TO BE NOTICED

Arlo Devlin-Brown Covington & Burling LLP 620 8th Avenue, 41st Floor New York, NY 10018 212-841-1046 Fax: 646-441-9046 Email: adevlin-brown@cov.com ATTORNEY TO BE NOTICED

Petitioner
Rober Galvez-Chimbo individually and on behalf of all others similarly situated

represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED

Andrew Arthur Ruffino

Petitioner Sharon Hatcher individually and on behalf of all others similarly situated
Petitioner Jonathan Medina individually and on behalf of all others similarly situated TERMINATED: 05/18/2020
Petitioner James Woodson individually and on behalf of all others similarly situated

(See above for address) ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED
Andrew Arthur Ruffino (See above for address) ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED
Andrew Arthur Ruffino (See above for address) ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED
Andrew Arthur Ruffino (See above for address) ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED

Petitioner
Redhwan Alzanam individually and on behalf of all others similarly situated
Petitioner
Gregory Ferrer individually and on behalf of all others similarly situated
Petitioner
Chris Karimbux individually and on behalf of all others similarly situated
Petitioner
Robert Barnes individually and on behalf of all others similarly situated
Petitioner
Jorge Soto individually and on behalf of all others similarly situated
Petitioner
Michael Falu individually and on behalf of all others similarly situated
Petitioner
William Pascal individually and on behalf of all others similarly situated

represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED

V.
Respondent
Marti Licon-Vitale in her official capacity as Warden of the Metropolitan Correctional Center

represented by Jean-David Barnea U.S. Attorney's Office, SDNY (Chambers Street) 86 Chambers Street

New York, NY 10007 (212) 637-2679 Fax: (212) 637-2717 Email: jeandavid.barnea@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allison Rovner United States Attorney's Office SDNY 86 Chambers St. New York, NY 10007 (212)-637-2691 Fax: (212)-637-2750 Email: Allison.Rovner@usdoj.gov ATTORNEY TO BE NOTICED
Jessica Jean Hu United States Attorney's Office Southern District Of New York 86 Chambers Street, Third Floor New York, NY 10007 212-637-2726 Fax: (212) 637-2717 Email: Jessica.Hu@usdoj.gov ATTORNEY TO BE NOTICED

Date Filed 04/28/2020
04/28/2020 04/28/2020

# Docket Text
1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC19615891)Document filed by Jonathan Medina, Cesar FernandezRodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
2 CIVIL COVER SHEET filed..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
3 REQUEST FOR ISSUANCE OF SUMMONS as to Marti Licon-Vitale, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

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4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
5 MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
6 MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Appendix A - Petitioner Summary Chart).(Devlin-Brown, Arlo) (Entered: 04/28/2020)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The aboveentitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecfrelated-instructions..(pne) (Entered: 04/28/2020)
7 DECLARATION of Deirdre D. von Dornum in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Email from David Patton to Nicole McFarland, # 2 Exhibit B - Email from Seth D. Eichenholtz to Deirdre von Dornum, # 3 Exhibit C - Letter from David Patton to Nicole McFarland, # 4 Exhibit D - Letter from Warden M. Licon-Vitale to David Patton).(Devlin-Brown, Arlo) (Entered: 04/28/2020)
Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/201806/AO-3.pdf. (pne) (Entered: 04/28/2020)
Case Designated ECF. (pne) (Entered: 04/28/2020)

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8 DECLARATION of Dr. Jonathan Giftos in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
9 DECLARATION of Cesar Fernandez-Rodriguez in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
10 ELECTRONIC SUMMONS ISSUED as to Marti Licon-Vitale..(pne) (Entered: 04/28/2020)
11 DECLARATION of Rober Galvez-Chimbo in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
12 DECLARATION of Sharon Hatcher in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
13 DECLARATION of Jonathan Medina in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
14 DECLARATION of James Woodson in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
15 ORDER re: 4 EMERGENCY MOTION for Order to Show Cause: The Court is in receipt of the petitioners' Proposed Order to Show Cause and Temporary Restraining Order, Doc. 4. The parties are directed to appear for a teleconference to consider the proposed temporary restraining order tomorrow, April 29, 2020, at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. The petitioners are directed to serve a copy of this Order on the Office of the U.S. Attorney for the Southern District of New York via

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electronic mail by 6:00 p.m. today, April 28, 2020. (Telephone Conference set for 4/29/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/28/2020) (jwh) (Entered: 04/28/2020)
16 NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Ruffino, Andrew) (Entered: 04/29/2020)
17 NOTICE OF APPEARANCE by Alan Mark Vinegrad on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Vinegrad, Alan) (Entered: 04/29/2020)
18 NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 04/29/2020)
19 NOTICE OF APPEARANCE by Allison Rovner on behalf of Marti Licon-Vitale..(Rovner, Allison) (Entered: 04/29/2020)
20 CERTIFICATE OF SERVICE of Order and the underlying papers upon which it is based served on Marti Licon-Vitale on April 28, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/29/2020)
21 NOTICE OF APPEARANCE by Jessica Jean Hu on behalf of Marti Licon-Vitale..(Hu, Jessica) (Entered: 04/29/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 4/29/2020. Counsel for Petitioners and Respondents appeared by telephone. The Court reserved its ruling regarding Petitioners' application for a temporary restraining order. A hearing will be held on May 4, 2020 at 1:00 PM. (jar) (Entered: 05/11/2020)
22 ORDER: As stated on the record at the April 29, 2020 hearing, the parties are directed to appear for a status teleconference on Monday, May 4, 2020 at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. It is SO ORDERED., ( Telephone Status Conference set for 5/4/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/01/2020) (ama) (Entered: 05/01/2020)

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23 LETTER addressed to Judge Edgardo Ramos from USA dated 5/1/20 re: Court Conference. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/01/2020)
24 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 4, 2020 re: Respondent's May 1, 2020 Letter at ECF Dkt. No. 23. Document filed by Cesar Fernandez-Rodriguez, Rober GalvezChimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Resume of Dr. Homer Venters).(DevlinBrown, Arlo) (Entered: 05/04/2020)
25 DECLARATION of Deirdre D. von Dornum in response to specific factual claims made by the MCC in the government's letter of May 1, 2020 at ECF Dkt. No. 23. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Woodson Denial of Compassionate Release).(Devlin-Brown, Arlo) (Entered: 05/04/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/4/2020. Counsel for Petitioners and Respondents appeared by telephone. For the reasons stated on the record, Petitioners' application for a temporary restraining order is denied. The parties are directed to submit papers regarding site inspection by Wednesday, May 6, 2020. The parties are shall submit a joint case management plan by Thursday, May 7, 2020. (jar) (Entered: 05/11/2020)
26 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/29/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020..(McGuirk, Kelly) (Entered: 05/05/2020)
27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/29/2020 has been filed by the court reporter/transcriber in the abovecaptioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/05/2020)
28 PROPOSED PROTECTIVE ORDER. Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/06/2020)

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29 PRIVACY ACT ORDER AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 5/6/2020) (cf) Modified on 5/6/2020 (cf). (Entered: 05/06/2020)
30 JOINT LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated May 6, 2020 re: site inspection parameters. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 05/06/2020)
31 PROPOSED CASE MANAGEMENT PLAN. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/07/2020)
32 INSPECTION ORDER: The Court has reviewed the joint letter submitted by the parties on May 6, 2020, Doc. 30. The Court orders as follows: (As further set forth herein this Order.) It is SO ORDERED. (Signed by Judge Edgardo Ramos on 5/7/2020) (va) (Entered: 05/07/2020)
33 LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 7, 2020 re: MCC Response Date for Requests for Compassionate Release. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/07/2020)
34 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Fact Deposition due by 5/21/2020. All Discovery due by 5/28/2020. (Signed by Judge Edgardo Ramos on 5/7/2020) (mro) (Entered: 05/08/2020)
35 LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 8, 2020 re: Status Report. Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/08/2020)
36 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020..(McGuirk, Kelly) (Entered: 05/12/2020)
37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on

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5/4/2020 has been filed by the court reporter/transcriber in the abovecaptioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/12/2020)
38 JOINT LETTER addressed to Judge Edgardo Ramos from AUSA JeanDavid Barnea dated 5/12/20 re: Inmate Depositions. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/12/2020)
39 MEMO ENDORSEMENT on re: 38 Letter filed by Marti Licon-Vitale. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 5/13/2020) (mro) (Entered: 05/13/2020)
40 LETTER addressed to Judge Edgardo Ramos from JESSICA JEAN HU dated May 13, 2020 re: Status Home Confinement Reviews. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/13/2020)
41 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Marti Licon-Vitale. Document filed by Jonathan Medina. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ruffino, Andrew) (Entered: 05/18/2020)
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 41 Notice of Voluntary Dismissal, was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): only one plaintiff filed their voluntary dismissal against the defendant. (tp) (Entered: 05/18/2020)
42 NOTICE OF VOLUNTARY DISMISSAL OF PETITIONER JONATHAN MEDINA PURSUANT TO RULE 41(a)(1)(A)(i): Please take notice that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Petitioner Jonathan Medina does hereby withdraw as a class representative in this action, and voluntarily dismisses, without prejudice, his claims asserted against Respondent. This notice is without prejudice to the claims asserted by the other Petitioners in this action on behalf of themselves and the putative class. Jonathan Medina (individually and on behalf of all others similarly situated) terminated. (Signed by Judge Edgardo Ramos on 5/18/2020) (mro) (Entered: 05/18/2020)

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43 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) Modified on 7/14/2020 (db). (Entered: 05/18/2020)
44 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 19, 2020 re: 43 LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/19/2020)
45 ORDER granting in part and denying in part 43 Letter Motion to Compel. The Court is in receipt of the petitioners' letter of May 19, 2020, Doc. 44. The respondent's application is GRANTED in part and DENIED in part. All declarations or statements from MCC inmates must be from inmates identified to the respondent by Friday, May 22, 2020. The respondent may depose any such inmate on or before May 28, 2020. (Signed by Judge Edgardo Ramos on 5/19/2020) (mro) (Entered: 05/19/2020)
Set/Reset Deadlines: Deposition due by 5/28/2020. (mro) (Entered: 05/19/2020)
46 MOTION to Dismiss Certain Claims for Relief. Document filed by Marti Licon-Vitale. Responses due by 5/27/2020.(Hu, Jessica) (Entered: 05/20/2020)
47 MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/20/2020)
48 LETTER MOTION to Seal addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020., LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)
49 ORDER granting 48 Letter Motion to Seal; granting 48 Letter Motion for Leave to File Excess Pages: The application is GRANTED. The petitioners may file a memorandum of law of up to 30 pages. The petitioners may also file discovery documents designated as Protected

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Information under seal. The petitioners are directed to do so via ECF and need not do so via physical delivery. (Signed by Judge Edgardo Ramos on 5/26/2020) (jwh) (Entered: 05/26/2020)
50 MOTION for Preliminary Injunction . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. Return Date set for 6/2/2020 at 10:00 AM..(Devlin-Brown, Arlo) (Entered: 05/26/2020)
51 DECLARATION of Arlo Devlin-Brown in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Facility Evaluation of the Metropolitan Correctional Center by Dr. Homer S. Venters, # 2 Exhibit 2 Declaration of Cesar Fernandez_Rodriguez, dated April 27, 2020, # 3 Exhibit 3 - Declaration of Rober Galvez Chimbo, dated April 27, 2020, # 4 Exhibit 4 - Declaration of Sharon Hatcher, dated April 24, 2020, # 5 Exhibit 5 - Declaration of James Woodson, dated April 24, 2020, # 6 Exhibit 6 - Declaration of Vinicius Andrade, dated May 15, 2020, # 7 Exhibit 7 - Declaration of Robert Barnes, dated May 18, 2020, # 8 Exhibit 8 - Declaration of Armando Beniquez, dated May 26, 2020, # 9 Exhibit 9 - Declaration of Randolph Bourgoin, dated May 18, 2020, # 10 Exhibit 10 - Declaration of William Bradley, dated May 20, 2020, # 11 Exhibit 11 - Declaration of Terrell Brown, dated May 15, 2020, # 12 Exhibit 12 - Declaration of David Crosby, dated May 26, 2020, # 13 Exhibit 13 - Declaration of Franklyn Dansowah, dated May 21, 2020, # 14 Exhibit 14 - Declaration of Darius Davis, dated May 11, 2020, # 15 Exhibit 15 - Declaration of Tiffany Days, dated May 18, 2020, # 16 Exhibit 16 - Declaration of Manolo Dones, dated May 20, 2020, # 17 Exhibit 17 - Declaration of Michael Falu, dated May 8, 2020, # 18 Exhibit 18 - Declaration of Anthony Flynn, dated May 15, 2020, # 19 Exhibit 19 - Declaration of Carlos Garcia, dated May 13, 2020, # 20 Exhibit 20 - Declaration of Rodney Griffin, dated May 20, 2020, # 21 Exhibit 21 - Declaration of Chris Karimbux, dated May 19, 2020, # 22 Exhibit 22 - Declaration of Anthony Luna, dated May 18, 2020, # 23 Exhibit 23 - Declaration of Emil Matute, dated May 20, 2020, # 24 Exhibit 24 - Declaration of Richard Michel, dated May 18, 2020, # 25 Exhibit 25 - Declaration of Ahmad Jamal Naqvi, dated May 12, 2020, # 26 Exhibit 26 - Declaration of Carolyn Richardson, dated May 18, 2020, # 27 Exhibit 27 - Declaration of Adrienne Roberts, dated May 22, 2020, # 28 Exhibit 28 - Declaration of Joseph Schiliro, dated May 18, 2020, # 29 Exhibit 29 - Declaration of Antonio Smith, dated May 22, 2020, # 30 Exhibit 30 - Declaration of Jorge Soto, dated May 18, 2020, # 31 Exhibit 31 - Declaration of Nicolas Sucich, dated May 13, 2020, # 32 Exhibit 32 - Declaration of Tyler Toro, dated May 22, 2020, # 33 Exhibit 33 - Declaration of Wilbert Turner, dated May 18,

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2020, # 34 Exhibit 34 - Declaration of Guillermo Zegarra-Martinez, dated May 18, 2020).(Devlin-Brown, Arlo) (Entered: 05/26/2020)
52 DECLARATION of Andrew A. Ruffino in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Ruffino, Andrew) (Entered: 05/26/2020)
53 MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)
54 DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Beaudouin Transcript, # 2 Exhibit 2 Edge Transcript, # 3 Exhibit 3 -Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 - Hazlewood Transcript, # 7 Exhibit 7 - LiconVitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36- Email compilation 6, # 37 Exhibit 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 Compilation of Rosters).(Kala, Ishita) (Entered: 05/27/2020)
55 ***SELECTED PARTIES***DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober GalvezChimbo, James Woodson, Marti Licon-Vitale. (Attachments: # 1 Errata 1 - Beaudouin Transcript, # 2 Exhibit 2 - Edge Transcript, # 3 Exhibit 3 - Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo

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Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 Hazlewood Transcript, # 7 Exhibit 7 - Licon-Vitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 - Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 - Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 - Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 - Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 - Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 - Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36 - Email compilation 6, # 37 Errata 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 Compilation of Rosters)Motion or Order to File Under Seal: 49 .(Kala, Ishita) (Entered: 05/27/2020)
56 ORDER: A status conference will be held on May 29, 2020 at 2:00 p.m. The parties are instructed to call (877) 411-9748 and type in the access code 3029857. The principal subject of the status conference will be logistics for the preliminary injunction hearing to be held on June 2, 2020. (Telephone Conference set for 5/29/2020 at 02:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/27/2020) (jwh) (Entered: 05/27/2020)
57 MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/27/2020)
58 LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20., LETTER MOTION to Seal Certain Exhibits addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)
59 MEMORANDUM OF LAW in Opposition re: 50 MOTION for Preliminary Injunction . . Document filed by Marti LiconVitale..(Barnea, Jean-David) (Entered: 05/29/2020)

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

60 DECLARATION of AUSA Jean-David Barnea in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Licon-Vitale Letter, # 2 Exhibit Licon-Vitale Memo).(Barnea, Jean-David) (Entered: 05/29/2020)
61 DECLARATION of Dr. Robert Beaudouin in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (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).(Barnea, Jean-David) (Entered: 05/29/2020)
62 DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti LiconVitale..(Barnea, Jean-David) (Entered: 05/29/2020)
63 ***SELECTED PARTIES***DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Motion or Order to File Under Seal: 58 .(Barnea, Jean-David) (Entered: 05/29/2020)
64 DECLARATION of Patrick Mcfarland in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/29/2020)
65 DECLARATION of Schnahider Demosthenes in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Hu, Jessica) (Entered: 05/29/2020)
66 DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22).(Rovner, Allison) (Entered: 05/29/2020)

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

67 ***SELECTED PARTIES***DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 7-Part 1, # 2 Exhibit 7-Part 2, # 3 Exhibit 7-Part 3)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/29/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/29/2020. Plaintiffs' and Defendant's counsel appeared by telephone. A motion hearing will be held on June 2, 2020. (jar) (Entered: 06/05/2020)
68 DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 1.3, # 5 Exhibit 1.4, # 6 Exhibit 2, # 7 Exhibit 2.2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11).(Rovner, Allison) (Entered: 05/30/2020)
69 ***SELECTED PARTIES***DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 2.1, # 2 Exhibit 12)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/30/2020)
70 SCHEDULING ORDER: A preliminary injunction hearing is set for June 2, 2020 at 10:00 a.m. The conference will be hosted on Skype for Business and will be open to the public. Counsel intending to speak at the conference should e-mail the Court 24 hours before the conference to receive a link to join the video call. Non-speaking parties, the public, and the press may dial (877) 411-9748 and enter Conference ID: 3029857 to listen to the proceedings. (Signed by Judge Edgardo Ramos on 6/1/2020) (jar) (Entered: 06/01/2020)
71 ORDER granting 58 Letter Motion for Leave to File Excess Pages; granting 58 Letter Motion to Seal. The application is GRANTED. The respondent may file certain exhibits to its forthcoming opposition to the petitioner's motion for a preliminary injunction under seal. She may provide a courtesy copy of the unsealed documents to Chambers via email. The respondent is further allowed to submit a memorandum of law of no more than 45 pages. The petitioners may submit a reply of no more than 20 pages. (Signed by Judge Edgardo Ramos on 5/29/2020) (mro) (Entered: 06/01/2020)

06/01/2020 06/01/2020 06/01/2020 06/02/2020 06/05/2020 06/08/2020 06/09/2020 06/10/2020 06/16/2020

72 NOTICE of Filing of rebuttal declaration of Petitioners expert witness Dr. Homer S. Venters. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Venters Rebuttal Report and Exhibits).(Devlin-Brown, Arlo) (Entered: 06/01/2020)
73 REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 06/01/2020)
74 REPLY MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/01/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 6/2/2020 re: 50 MOTION for Preliminary Injunction filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. The Court reserves its decision. (jar) (Entered: 06/05/2020)
75 LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/5/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/05/2020)
76 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 8, 2020 re: Petitioners response to Respondent's 6/5/20 letter regarding supplemental authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/08/2020)
77 LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/9/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Chunn Decision, # 2 Exhibit Wilson Decision).(Barnea, Jean-David) (Entered: 06/09/2020)
78 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 10, 2020 re: Response to Respondent's letter regarding Supplemental Authorities. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/10/2020)
79 LETTER MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, and to inform the Court that the parties are not able to agree on settlement addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20.

06/16/2020 06/17/2020 06/18/2020
06/18/2020
06/18/2020 06/19/2020 06/19/2020 06/22/2020

Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)
80 LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)
81 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 17, 2020 re: Response to Respondent's 6/16/20 letter regarding Supplemental Authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/17/2020)
82 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/2/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020..(McGuirk, Kelly) (Entered: 06/18/2020)
83 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/2/2020 has been filed by the court reporter/transcriber in the abovecaptioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 06/18/2020)
84 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 18, 2020 re: Supplemental Authority. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Banks Opinion, # 2 B Banks Order).(Devlin-Brown, Arlo) (Entered: 06/18/2020)
85 ORDER granting 79 Letter Motion for Extension of Time to File Response/Reply. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 06/19/2020)
86 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 6/19/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/19/2020)
87 LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated June 22, 2020 re: Response to Petitioners' June 18, 2020

07/02/2020 07/02/2020
07/16/2020 07/17/2020 07/17/2020 07/23/2020 08/05/2020 08/14/2020

letter regarding Supplemental Authority. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 06/22/2020)
88 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 7/2/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/02/2020)
89 OPINION & ORDER re: 46 MOTION to Dismiss Certain Claims for Relief filed by Marti Licon-Vitale, 50 MOTION for Preliminary Injunction filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. For the foregoing reasons, the Court DENIES the inmates' motion for a preliminary injunction and DENIES the warden's motion to partially dismiss. The Court notes its receipt of the first two reports from the MCC's warden and looks to receiving additional reports every two weeks through the end of modified operations, as detailed in the warden's letter of May 29. As suggested in the parties' letter of June 16, the parties are directed to appear at a status teleconference on July 17, 2020 at 10:15 a.m. They may dial (877) 4119748 and enter access code 302 9857# at that time. The Clerk of Court is respectfully directed to terminate the motions, Docs. 46 and 50. ( Telephone Conference set for 7/17/2020 at 10:15 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/2/2020) (mro) (Entered: 07/02/2020)
90 JOINT LETTER addressed to Judge Edgardo Ramos from AUSA JeanDavid Barnea dated 7/16/20 re: Further Discovery. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/16/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 7/17/2020. Petitioners' and Respondent's counsel appeared by telephone. The Court will "so order" the parties' proposed schedule. (jar) (Entered: 07/17/2020)
91 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 7/17/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/17/2020)
92 RESPONSE to Petition. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 07/23/2020)
93 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 8/5/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 08/05/2020)
94 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated August 14, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 08/14/2020)

08/17/2020

95 MEMO ENDORSEMENT on re: 94 Letter filed by Marti Licon-Vitale. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 8/17/2020) (mro) (Entered: 08/17/2020)

08/28/2020

96 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 8/28/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 08/28/2020)

08/31/2020

97 ORDER granting 96 Letter Motion for Extension of Time to Complete Discovery. The application is granted. (Signed by Judge Edgardo Ramos on 8/30/2020) (mro) (Entered: 08/31/2020)

08/31/2020

98 LETTER MOTION for Conference re update on conditions at MCC addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated August 31, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - MCC Inmate Bulletins, # 2 Exhibit B Declaration of Chris Karimbux, # 3 Exhibit C - Declaration of Cesar Fernandez-Rodriguez, # 4 Exhibit D - Declaration of Sharon Hatcher, # 5 Exhibit E - Declaration of Joseph Schiliro, # 6 Exhibit F Declaration of Alan Schaefer, # 7 Exhibit G - Declaration of Pedro Vicioso-Lima, # 8 Exhibit H - Requests for Additional Information).(Devlin-Brown, Arlo) (Entered: 08/31/2020)

09/01/2020

99 ORDER with respect to 98 Letter Motion for Conference. The warden is directed to submit a reply of no more than four pages by September 4, 2020. (Signed by Judge Edgardo Ramos on 9/1/2020) (mro) (Entered: 09/01/2020)

09/01/2020

Set/Reset Deadlines: Replies due by 9/4/2020. (mro) (Entered: 09/01/2020)

09/04/2020

100 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 9/4/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 09/04/2020)

09/04/2020

101 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 9/4/20 re: 98 LETTER MOTION for Conference re update on conditions at MCC addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated August 31, 2020. . Document filed by Marti LiconVitale..(Barnea, Jean-David) (Entered: 09/04/2020)

09/08/2020

102 MEMO ENDORSEMENT on 101 Letter Response denying 98 Letter Motion for Conference. ENDORSEMENT: The petitioners' request for a pre-motion conference, Doc. 98, is DENIED. The parties are directed

to meet and confer regarding additional information that may be provided during the regular course of discovery in this matter. (Signed by Judge Edgardo Ramos on 9/8/2020) (mro) (Entered: 09/08/2020)

09/18/2020

103 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 9/18/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 09/18/2020)

10/02/2020

104 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated 10/2/2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 10/02/2020)

10/16/2020 105 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated October 16, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 10/16/2020)

10/26/2020

106 JOINT LETTER addressed to Judge Edgardo Ramos from Arlo DevlinBrown dated October 26, 2020 re: Status of Discovery. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 10/26/2020)

10/26/2020

107 MEMO ENDORSEMENT on re: 106 Letter filed by Cesar FernandezRodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 10/26/2020) (mro) (Entered: 10/26/2020)

10/30/2020

108 LETTER addressed to Judge Edgardo Ramos from Warden Marti Licon-Vitale dated October 30, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 10/30/2020)

11/13/2020

109 LETTER addressed to Judge Edgardo Ramos from Warden Marti Licon-Vitale dated November 13, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 11/13/2020)

12/01/2020

110 LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Jessica Jean Hu dated December 1, 2020. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 12/01/2020)

12/01/2020

111 ORDER granting 110 Letter Motion for Extension of Time. The request is GRANTED. Respondent's deadline to substantially complete document production is extended to January 8, 2021. The parties must file a joint status report by no later than January 22, 2021. (Signed by Judge Edgardo Ramos on 12/1/2020) (mro) (Entered: 12/01/2020)

12/10/2020 112 LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated December 10, 2020 re: Warden 11/24/20 Letter. Document filed

by Marti Licon-Vitale. (Attachments: # 1 Appendix A).(Hu, Jessica) (Entered: 12/10/2020)

12/11/2020

113 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated December 11, 2020 re: Status Letter. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 12/11/2020)

01/08/2021

114 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated January 8, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 01/08/2021)

01/12/2021

115 LETTER addressed to Judge Kenneth M. Karas from Arlo DevlinBrown dated January 12, 2021 re: Request for Leave to File Amended Petition on Consent. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(DevlinBrown, Arlo) (Entered: 01/12/2021)

01/12/2021

116 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated January 12, 2021 re: Request for Leave to File Amended Petition on Consent. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 01/12/2021)

01/13/2021

117 MEMO ENDORSEMENT on re: 116 Letter, filed by Cesar FernandezRodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. ENDORSEMENT: The request to file an amended complaint is GRANTED. The parties are instructed to propose a date for Defendant's response in their status update to the Court due January 22, 2021. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 1/13/2021) (mro) (Entered: 01/13/2021)

01/13/2021

118 FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus, against Marti Licon-Vitale.Document filed by Cesar Fernandez-Rodriguez, Redhwan Alzanam, Gregory Ferrer, Chris Karimbux, Robert Barnes, Jorge Soto, Michael Falu, William Pascal. Related document: 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit A: Order Granting Request to File Amended Petition).(Devlin-Brown, Arlo) (Entered: 01/13/2021)

01/19/2021

119 LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Jessica Jean Hu dated January 19, 2021. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 01/19/2021)

01/19/2021

120 ORDER granting 119 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Edgardo Ramos on 1/19/2021) (mro) (Entered: 01/20/2021)

01/22/2021

121 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated January 22, 2021 re: Update to the Court. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit A).(Hu, Jessica) (Entered: 01/22/2021)

02/05/2021

122 LETTER addressed to Judge Edgardo Ramos from Interim Warden E. Williams dated February 5, 2021 re: Status Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 02/05/2021)

02/19/2021

123 LETTER addressed to Judge Edgardo Ramos from Interim Warden Williams dated February 19, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 02/19/2021)

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 Case 1:20-cv-03315-ER Document 1 Filed 04/28/20 Page 1 of 29

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
CLASS ACTION PETITION SEEKING WRITS OF HABEAS CORPUS

Petitioners Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, and James Woodson (collectively, “Petitioners”), on behalf of themselves and a class of similarly situated detained people in the custody of the Metropolitan Correctional Center (“MCC”), by and through their attorneys, Covington & Burling LLP, allege, based on personal knowledge as to themselves and their own circumstances and on information and belief as to all other matters, as follows:
PRELIMINARY STATEMENT 1. An unprecedented public health crisis is unfolding at the MCC, a result of the jail’s delayed and patently inadequate response to the COVID-19 pandemic. Thirty-three staff members have already tested positive for the virus. The pandemic is spreading through the inmate population as well, in an overcrowded jail serving an inmate population nearly 50 percent greater than the number of inmates the MCC was designed to serve.

Case 1:20-cv-03315-ER Document 1 Filed 04/28/20 Page 2 of 29
2. The MCC has responded to the spread of COVID-19 within its walls with a mixture of ineptitude and indifference that threatens the safety of inmates, staff, and the community at large. The MCC has failed to test all but a tiny fraction of the inmate population, including many symptomatic inmates who are almost certainly suffering from the virus. Only seven tests have been conducted to date, representing one percent of the inmate population. Five of these seven tests—71 percent—have come back positive—strong evidence that the virus is spreading unmonitored and undetected throughout the jail. The MCC has failed to trace and quarantine those who have had contact with infected inmates and staff, despite written guidance from the federal Bureau of Prisons’ (“BOP”) sister federal agency, the Centers for Disease Control and Prevention (“CDC”), that such measures are essential.
3. The MCC’s treatment of those suspected of having COVID-19 is as ill-conceived as it is inhumane. In multiple instances, the MCC has simply left symptomatic inmates in open dormitories in which more than two dozen men bunk closely together, sharing a single toilet and one or two sinks. Unsurprisingly, the virus has spread rapidly through at least one of the units that contain these open dormitories. Other inmates with COVID-19 symptoms have been confined to cells with concrete “beds” that were used to hold 9/11 terrorist defendants. Inmates suspected of infection have received, at best, only cursory medical attention.
4. Nor has the MCC taken obvious, common-sense health and hygiene measures crucial to reducing the spread of the virus. Soap has often been lacking, or has been obtainable only through purchase at the commissary. Toilets, showers, phones, and computer keyboards have not been sanitized between uses. Inmates have received only paper or thin cloth masks, when they receive them at all, and have been told to reuse them for a week or more. Inmates have had no
2

Case 1:20-cv-03315-ER Document 1 Filed 04/28/20 Page 3 of 29
access to hand sanitizer or gloves. MCC staff members have circulated from unit to unit, often without masks or gloves.
5. The MCC also has failed to reduce the extreme overcrowding of its facility— operating at nearly 50 percent more than capacity—despite ample tools to do so. In fact, despite a directive from U.S. Attorney General William Barr to prioritize the release to home confinement of inmates who are vulnerable to COVID-19, Petitioners are unaware of a single MCC inmate released under this authority.
6. The MCC’s many failings have jeopardized the health and safety of the entire population under its care, including 205 inmates—over a quarter of its total population—whom the MCC has determined are especially vulnerable to COVID-19 based on CDC criteria. This confined population is at a particularly high risk of contracting a disease which, even in the country’s general population, has required the hospitalization of hundreds of thousands of people and resulted in the deaths of over 55,000 people in just a few weeks.
7. Judicial intervention is required to compel the MCC to improve conditions of incarceration and take other steps to comply with the requirements of the U.S. Constitution and lessen the risk of serious illness or the death of individuals in its care. Inmates nearing the end of their sentences, and other inmates for whom release is reasonable under the extraordinary circumstances of the COVID-19 pandemic, should be released promptly to home confinement. Others should be transferred to alternate facilities where adequate preventive and treatment measures can be provided. Immediate improvements to the MCC’s testing, tracing, treatment, sanitation, isolation, and other health-related conditions of confinement must be put into effect for all who remain.
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THE PARTIES 8. Each of the five named petitioners is in the custody of the BOP at the MCC and has been designated by the MCC as particularly vulnerable to COVID-19 based on CDC criteria. 9. Petitioner Cesar Fernandez-Rodriguez is a 37-year-old man currently in pre-trial custody. Mr. Fernandez-Rodriguez suffers from chronic asthma, and both he and the individual with whom he shares a cell have been suffering from COVID-19 symptoms. Mr. FernandezRodriguez has not received medical care, his asthma medication, or hygiene products (including soap and tissues). 10. Petitioner Rober Galvez-Chimbo is a 45-year-old man who has pleaded guilty and is awaiting sentencing. Mr. Galvez-Chimbo has experienced COVID-19 symptoms, including fever, no sense of smell or taste, severe coughing, and chills, but has not received a COVID-19 test and has received only minimal medical treatment. 11. Petitioner Sharon Hatcher is a 53-year-old woman who is HIV positive and clinically obese, and suffers from Chronic Obstructive Pulmonary Disease and hypertension. Ms. Hatcher has been sentenced and is currently awaiting designation to a different BOP facility. 12. Petitioner Jonathan Medina is a 32-year-old man who has been sentenced and is scheduled for release on June 29, 2020. Mr. Medina suffers from asthma and is currently being held in an open dormitory with about 25 other inmates, with whom he shares one toilet, one sink, and a shower. Mr. Medina has experienced COVID-19 symptoms, including chills and difficulty breathing, but has not been given his inhaler or tested for COVID-19. 13. Petitioner James Woodson is a 56-year-old man who has been sentenced and is scheduled for release in December 2020. Mr. Woodson is HIV positive and suffers from asthma, chronic lung disease, hypertension, hepatitis-B, depression, and anxiety. Mr. Woodson is currently
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housed in an open dormitory with about 25 other inmates, several of whom have displayed symptoms of COVID-19.
14. Respondent Marti Licon-Vitale is the Warden at the MCC and is being sued in her official capacity. As Warden, Respondent Licon-Vitale oversees all day-to-day activity at the MCC and is responsible for ensuring the health and safety of all in the institution, including providing adequate medical care to them. Respondent Licon-Vitale has failed to adopt and enforce policies, procedures, and practices that adequately protect the Petitioners and other inmates under her care from actual or potential infection, illness, and death due to COVID-19.
JURISDICTION AND VENUE 15. Petitioners bring this action pursuant to 28 U.S.C. § 2241. 16. The Court has subject matter jurisdiction over this action pursuant to Article I, § 9, cl. 2 of the U.S. Constitution (Suspension Clause), the Fifth and the Eighth Amendments to the U.S. Constitution, 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 2241 (habeas corpus), and 28 U.S.C. § 1651 (All Writs Act). In addition, the Court has authority to grant injunctive relief pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201. 17. Venue is proper in the Southern District of New York pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events and omissions giving rise to these claims occurred in this district.
EXHAUSTION OF ADMINISTRATIVE REMEDIES 18. Petitioners are excused from Section 2241’s prudential exhaustion requirements. While a petitioner is generally required to exhaust all administrative remedies before bringing a habeas petition, the exhaustion requirement does not apply where the petitioner is likely to suffer an irreparable injury without immediate judicial relief or where the administrative remedy would be futile. Here, both exceptions are met. The BOP’s Administrative Remedy Program is a lengthy
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process that would not provide the immediate relief necessary to avoid irreparable injury and does not provide for all measures of relief sought by Petitioners on behalf of themselves and other proposed Class members.
STATEMENT OF FACTS I. The COVID-19 Crisis
19. The novel coronavirus that causes COVID-19 has led to an ongoing global pandemic. As of April 26, 2020, there have been more than 2.9 million reported COVID-19 cases throughout the world and more than 55,000 deaths in the United States.
20. New York City is currently at the epicenter of the COVID-19 pandemic. As of April 26, 2020, there have been more than 158,000 positive cases and more than 12,000 reported deaths from COVID-19 in New York City alone. There is no known vaccine or cure.
21. Even when not fatal, the COVID-19 virus can cause severe damage to lung tissue, sometimes leading to a permanent loss of respiratory capacity, and can damage tissues in other vital organs, including the heart, liver, and kidneys.1
22. Certain categories of people are more likely to face illness or death as a result of COVID-19. This includes people over the age of 60 and people of any age who suffer from certain underlying medical conditions, including asthma, obesity, diabetes, lung disease, heart disease, chronic liver or kidney disease, and compromised immune systems (such as from cancer, HIV, or autoimmune disease).2 Treatment in these cases may require advanced medical support, including
1 Matt Stieb, There’s More Bad News on the Long-Term Effects of the Coronavirus, N.Y. Mag. (Apr. 16, 2020), https://nymag.com/intelligencer/2020/04/more-bad-news-on-the-long-termeffects-of-the-coronavirus.html. 2 Groups at Higher Risk for Severe Illness, CDC (April 17, 2020), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html .
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highly specialized equipment that is in limited supply, as well as care providers, respiratory therapists, and intensive care physicians.
23. Even for individuals who are not medically vulnerable, COVID-19 presents a serious risk to their health and lives and can require advanced medical support that the MCC does not provide. For example, 22 percent of individuals requiring admission to a hospital intensive care unit do not have any underlying health conditions.3
24. COVID-19 spreads from person to person through respiratory droplets, close personal contact, and from contact with contaminated surfaces and objects. Social distancing, wearing a face mask, and vigilant hygiene, including frequent hand washing and sanitizing surfaces, are the only known effective measures for protection from COVID-19. Widespread testing, contact tracing, and quarantining can reduce the spread of the virus. II. COVID-19 Spreads Rapidly In Detention Facilities
25. Individuals who are confined in prisons, jails, and other detention centers are generally unable to engage in the social distancing required to mitigate the risk of transmission. Correctional facilities house large groups of people in close proximity, and move them in groups to eat, engage in recreation, receive medication, and shower. Inmates share toilets, sinks, showers, telephones, and computer terminals, almost always without the ability to disinfect between each use.
26. Epidemiological research shows that conditions of mass incarceration increase contagion rates of infectious disease, such as COVID-19, not only among inmates but also among
3 Preliminary Estimates of the Prevalence of Selected Underlying Health Conditions Among Patients with Coronavirus Disease 2019 — United States, February 12-March 28, 2020, CDC (Apr. 3, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6913e2.htm.
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correctional staff and the community at large.4 Transmission in prisons and jails endangers the broader community because correctional facilities are not closed systems—as staff enter and leave the facility each day, they can carry the virus with them and risk spreading the disease to everyone they encounter on the outside. Like the inmates in the facilities where they work, correctional officers face an increased risk of COVID-19 exposure because they are less able to engage in social distancing and because of the shortage of personal protective equipment. Indeed, as of April 25, 2020, the BOP has reported 441 staff who have tested positive for COVID-19.
27. Incarcerated people in New York City are testing positive for COVID-19 in increasingly large numbers. For example, as of April 25, 2020, of the nearly 4,000 people incarcerated by the New York City Department of Correction (“NYDOC”), 377 have confirmed cases of COVID-19. In addition, 956 NYDOC staff members also have confirmed cases of COVID-19.5
28. COVID-19 is also spreading rapidly in detention facilities across the United States. For example, almost 80 percent of the prison population at the Marion Correctional Institution in Ohio had tested positive as of April 21, 2020 (approximately 1,950 out of 2,500 inmates), making the facility the largest reported source of infections in the United States.6
4 Sandhya Kajeepeta & Seth J. Prins, Why Coronavirus in Jails Should Concern All of Us, THE APPEAL (Mar. 24, 2020), https://theappeal.org/coronavirus-jails-public-health/. 5 Board of Correction Daily Covid-19 Update, N.Y. Dep’t. of Corr. (Apr. 25, 2020), https://www1.nyc.gov/assets/boc/downloads/pdf/News/covid19/Public_Reports/Board%20of%20Correction%20Daily%20Public%20Report_4_25_2020.pdf. 6 Rachel Polansky, et. al., Marion Prison is One of the Nation’s Largest Sources of COVID-19 Infections, WKYC (Apr. 21, 2020), https://www.wkyc.com/article/news/investigations/new-yorktimes-ohios-marion-correctional-institution-is-nations-largest-source-of-covid-19-infections/9533650055-04f2-424d-82ae-9b91b2244236.
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III. Correctional Institutions Have Ample Tools To Protect Incarcerated Persons From Outbreaks Of COVID-19 Within Their Facilities 29. Incarcerated people must rely on detention facilities and the people who run them
to minimize risks from this sometimes fatal virus. Those who operate these facilities thus are entrusted with a special responsibility and legal obligation to provide for the health, safety, and well-being of the detainees in their charge.
30. There is established guidance on how correctional institutions should address and mitigate the risks of COVID-19. More than a month ago, the CDC issued “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities.” This Guidance emphasizes the need for (a) cleaning and disinfecting shared areas and equipment several times daily with soap and hot water; (b) provision of free hygiene products such as soap and tissues, as well as alcohol-based hand sanitizer, if possible; (c) social distancing; (d) constant use of personal protective equipment by staff and inmates; (e) creation of a plan to ensure COVID19 evaluation and testing; (f) medical isolation of confirmed and suspected cases; (g) identifying and quarantining of persons in contact with those confirmed and suspected cases; and (h) special protection for at-risk individuals.7
31. A World Health Organization report on COVID-19 prevention in prisons and other places of detention recommends that “physical distancing should be observed”; “wall-mounted liquid soap dispensers, paper towels and foot-operated pedal bins should be made available”; medical masks should be provided and not be reused; surfaces should be regularly disinfected; and
7 See Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, CDC, 2 (last updated Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/downloads/guidance-correctional-detention.pdf.
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appropriate action should be taken for confirmed cases, “including transfer to specialist facilities for respiratory isolation.”8
32. Federal and state detention facilities have been making efforts to comply with this guidance. For example, the Minnesota Department of Corrections established a pandemic response team and began implementing a number of recommended measures as of March 13, 2020, including identifying alternate housing locations for inmates who need to be isolated, identifying vulnerable inmates for prevention considerations, and providing extra handwashing and sanitizing stations for people entering and exiting facilities. Similarly, the Michigan Department of Corrections has actively taken steps to quarantine inmates who test positive for COVID-19 in separate facilities, creating a setting where there is little to no contact between healthy and sick inmates. When the Elkton Federal Prison in Ohio determined it lacked medical personnel to treat a severe outbreak within its facility, it partnered with the Ohio National Guard and the Army Corps of Engineers to send 26 medically trained national guard members, medical equipment, and ambulances to the facility.
33. Correctional health experts have also recommended the release from custody of inmates most vulnerable to COVID-19. Release protects the inmates with the greatest vulnerability to COVID-19 from transmission of the virus. Reducing the inmate population also allows for greater risk mitigation for all people held or working in a prison, jail, or detention center.
34. Both the U.S. Congress and the U.S. Department of Justice have recognized that release of vulnerable inmates and reduction of inmate populations is essential to protecting against
8 Preparedness, Prevention, and Control of COVID-19 in Prisons and Other Places of Detention, WHO Regional Office for Europe 1, 9, 19-23 (Mar. 15, 2020), http://www.euro.who.int/__data/assets/pdf_file/0019/434026/Preparedness-prevention-andcontrol-of-COVID-19-in-prisons.pdf.
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COVID-19. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) permits the Director of the BOP to increase the amount of time an inmate can serve a prison sentence through home confinement if the Attorney General finds that emergency conditions will materially affect the functioning of the BOP. In an April 3, 2020 memorandum, Attorney General Barr made that finding and directed the BOP to “immediately review” for home confinement “all inmates who have COVID-19 risk factors, as established by the CDC.”9 In a prior, March 26, 2020 memorandum, Attorney General Barr also directed the BOP to “prioritize the use of your various statutory authorities to grant home confinement for inmates seeking transfer in connection with the ongoing COVID-19 pandemic.”10
35. The BOP itself has emphasized the need for testing to combat the COVID-19 virus. On April 23, 2020, the BOP announced the importance of expanded testing beyond symptomatic inmates to identify asymptomatic inmates in order to control the spread of COVID-19.11
36. Other state and federal correctional facilities have taken steps towards reducing inmate populations through release of vulnerable inmates and improving health and safety conditions for those incarcerated. For example, on March 17, 2020, the New York City Board of Correction issued a statement calling on the City to release certain people from criminal custody, prioritizing people over 50, with underlying health conditions, detained for administrative reasons,
9 Memorandum For Director of Bureau of Prisons re Increasing Use of Home Confinement at Institutions Most Affected by COVID-19, Office of the Attorney General, Washington, D.C. (Apr. 3, 2020), https://www.justice.gov/file/1266661/download. 10 Memorandum For Director of Bureau of Prisons re Prioritization of Home Confinement As Appropriate in Response to COVID-19 Pandemic, Office of the Attorney General, Washington, D.C. (Mar. 26, 2020), https://www.bop.gov/coronavirus/docs/bop_memo_home_confinement.pdf. 11 Kevin Johnson, Federal Prison System Expands Virus Testing to Find Hidden Asymptomatic Infections, USA TODAY (Apr. 23, 2020), https://www.usatoday.com/story/news/politics/2020/04/23/coronavirus-federal-prisons-expandtesting-asymptomatic-inmates/3015287001/.
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and/or with sentences of one year or less. In response, as of April 21, 2020, New York City has released over 1,500 inmates. Similarly, Cook County Jail in Chicago has released 1,300 inmates, reducing its inmate population by almost 25 percent. Additionally, according to the BOP, since Attorney General Barr’s March 26, 2020 directive, approximately 1,500 inmates in the custody of the BOP have been placed in home confinement. The BOP has reportedly furloughed, released to home confinement, or transferred to other facilities all inmates in the minimum security facility at FCI Otisville, New York. IV. The MCC Has Failed to Take Appropriate Measures to Protect Inmates from
COVID-19 37. The MCC is a detention facility in lower Manhattan where a significant portion of the inmate population, most of whom are awaiting trial, is at high risk of contracting COVID-19. Designed for a maximum population of 474, the MCC houses approximately 700 inmates, or nearly 50 percent more than its intended capacity. The MCC itself has designated 205 of these inmates, or 29 percent of the population, as particularly vulnerable to COVID-19 based on CDC criteria. 38. The MCC has failed to adequately provide for the health and safety of its inmate population, even before the COVID-19 crisis. 39. For example, on April 12, 2019, feces and urine flooded the women’s unit at the MCC from pipes overhead, and toilets began to overflow into cells. Women were locked in with raw sewage up to their ankles and feces in their hair. Correctional officers present in the unit instructed the women to clean up the sewage themselves. No effort was made to remove the women from the unit during the clean-up, to provide sufficient safety equipment, or to identify women for whom the raw sewage might pose an increased health concern. Immediately before a scheduled inspection on May 23, 2019, women were made to clean the unit, with threats of
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punishment if they refused. Women were told to scrub the unit with bleach to remove mold, sweep up rodent droppings and remove rat traps from sight, clean all the air vents, and remove all buckets that had been placed under leaks from the ceiling and light fixtures.
40. The MCC has also struggled to protect even its highest profile inmates. On August 10, 2019, inmate Jeffrey Epstein, who had been removed from suicide watch just two weeks before, was found dead in his cell. In response, Attorney General Barr decried the MCC’s “failure” to adequately secure its facility, stating there were “serious irregularities at this facility that are deeply concerning” and describing it as a “perfect storm of screw-ups.” The failure of the MCC was so serious that two correctional officers assigned to the MCC’s Special Housing Unit (“SHU”) were indicted for their role in the affair, with Geoffrey Berman, the U.S. Attorney for the Southern District of New York, stating that the officers had failed in their “duty to ensure the safety and security of federal inmates in their care.”
41. Additionally, from February 27 to March 6, 2020, the MCC was on total lockdown, with no social or legal visitors permitted and all inmates locked in their cells, as staff searched for a loaded weapon that a correctional officer allegedly brought into the MCC. During this time, as the spread of COVID-19 was making global headlines, staff were throwing away or withholding personal items, including prescription medications; inmates with acute medical conditions were being given little or no care; menstruating women were not being provided a change of underwear or any sanitary pads; and inmates were going without toilet paper for over a week while locked in two-person cells with open toilets. Inmates remained locked in their cells until at least March 10, 2020, when the facility fully re-opened.
42. These underlying and systemic institutional failings have been on full display during the spread of COVID-19 within the MCC. As described in detail below, the MCC has
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failed to reduce the inmate population even when directed by the head of the Department of Justice to do so, and has failed to implement adequate health care measures to protect individuals at the facility from COVID-19.
A. Failure to Reduce Overcrowding Through Release or Transfer of Vulnerable Inmates
43. The MCC has failed to act on existing statutory authority and the express direction of Attorney General Barr to release inmates who are particularly vulnerable to COVID-19. The MCC is required, pursuant to Attorney General Barr’s directives of March 26 and April 3, 2020, to immediately review all inmates with COVID-19 risk factors and authorize the release of inmates at any stage of their sentence if they are particularly medically vulnerable, pose a low security risk, and have a safe residence to be released to.
44. Despite these directives, Petitioners are unaware of a single MCC inmate released under this authority. In fact, the MCC has not even released any of the 16 vulnerable individuals who have been identified by the Federal Defenders to the MCC as eligible for home confinement under pre-existing statutory authority because they are nearing the end of their sentences.
45. Petitioners Medina and Woodson are prime examples of the MCC’s failure to appropriately exercise its authority to release inmates. Both men have only a few months remaining on their sentences (Mr. Medina is scheduled to be released in June, and Mr. Woodson in December), are incarcerated for non-violent offenses, and suffer from health conditions that make them vulnerable to COVID-19. The MCC has neither acted to release Mr. Medina, Mr. Woodson, or the numerous other MCC inmates nearing the end of their sentences, to home confinement, nor evaluated them for release pursuant to the authority granted by the CARES Act and Attorney General Barr’s directives.
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46. The MCC has likewise not acted promptly to transfer inmates serving longer sentences to less crowded facilities capable of providing adequate medical care. For example, Petitioner Hatcher is in poor health and is suffering from multiple conditions that put her at high risk for COVID-19 complications, including a compromised immune system and chronic respiratory issues. Although she was sentenced to 52 months imprisonment on March 4, 2020, the MCC has not acted to transfer her to a long-term correctional facility capable of meeting her medical needs.
B. Failure to Allow for Social Distancing 47. The MCC’s failure to release or transfer inmates has resulted in continued overcrowding, with the facility containing approximately 50 percent more inmates than its maximum intended occupancy. 48. At a time when social distancing is imperative for public health, approximately 150 inmates have been confined in large, dormitory style settings with about 26 people sharing a sleeping space where beds are spaced only 3 to 5 feet apart. These inmates have shared toilets, sinks, and showers, without disinfection between each use. 49. The remainder of inmates at the MCC, aside from a small number in solitary confinement in the SHU or in cells on the third floor, share small two-person cells originally designed for one person, with a shared open toilet and sink. When they have been allowed out of their cells for brief periods to use the telephones, computers, and showers in groups of 10, they have necessarily been in close proximity to each other and to unit staff (who come and go from the facility each day). 50. These conditions have made it effectively impossible for inmates to maintain a sixfoot distance from others.
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51. Of the five inmates who have tested positive for COVID-19 at the MCC, three were housed in open dormitories and two were housed in shared cells while they were symptomatic.
C. Failure to Maintain Hygiene 52. The MCC has not provided inmates with the basic necessities required to follow recommended hygiene practices designed to minimize the risk of contracting COVID-19. 53. Many inmates, including several Petitioners, have lacked regular access to soap and tissues, or have been charged for these medically necessary supplies through their commissary accounts. This is despite CDC guidance that hygiene products, such as soap and tissues, should be provided to inmates free of charge. Some inmates have been given paper or thin cloth masks and have been told to reuse them for extended periods. Hand sanitizer and gloves have not been available to inmates. 54. Toilets, sinks, showers, phones, and computer terminals have been shared by many inmates, without disinfection between each use. 55. Cadre inmates (inmates who work throughout the building) have continued to perform responsibilities, including cleaning the facility and preparing and serving food, even if they have had COVID-19 symptoms. 56. For example, Petitioner Medina, who experienced COVID-19 symptoms, has performed cadre duties, including serving breakfast, cleaning his unit (where at least two inmates tested positive for COVID-19), and cleaning the kitchen. He has not received a clean mask to perform these duties. 57. Even as COVID-19 spread though the facility, inmates, rather than professional cleaners, have been responsible for cleaning MCC facilities and often have not been given appropriate supplies. Inmate orderlies have continued to clean the open dormitories and common
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areas, including infected quarantined units. After cleaning these units, inmate orderlies have returned to their own housing units without first being provided a change of clothes or an opportunity to disinfect themselves.
58. Staff, some of whom work with inmates in quarantine or medical isolation, have not been provided sufficient, adequate masks, such as N-95 masks. Some staff members have not worn masks and gloves when in housing units.
D. Failure to Provide Adequate Screening, Testing, and Tracing 59. The MCC, a facility which houses approximately 700 inmates has tested only seven inmates to date for COVID-19, five of whom were positive. This paltry number of tests has almost certainly resulted in a dangerous undercount, leaving the MCC with no reliable indication of the actual prevalence of COVID-19 within the facility. 60. Data from other correctional facilities further suggests that the MCC’s testing for COVID-19 is shockingly inadequate and that its reported data on inmates with COVID-19 is significantly understated. For example, the NYDOC and the privately run Queens Detention Facility (“QDF”) have tested far more inmates than the MCC, on both an absolute and percentage basis. Unsurprisingly, this additional testing has revealed that a significant number of QDF and NYDOC inmates have, or have had, COVID-19—38 out of about 222 at QDF, and 377 out of approximately 4,000 at NYDOC.12 There is no reason to believe that these facilities, which generally house and are staffed by individuals from the same geographic community as the MCC, would have significantly different rates of COVID-19 infection than the MCC.
12 Letter from QDF Facility Administrator William Zerillo to Chief Judge Roslynn R. Mauskopf (Apr. 23, 2020), https://www.nyed.uscourts.gov/pub/bop/QDF_20200423_043331.pdf; Board of Correction Daily Covid-19 Update, N.Y. Dep’t. of Corr. (Apr. 25, 2020), https://www1.nyc.gov/assets/boc/downloads/pdf/News/covid19/Public_Reports/Board%20of%20Correction%20Daily%20Public%20Report_4_25_2020.pdf.
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61. The MCC also has failed to conduct tests for its own staff members, who are instead required to obtain tests in the community. This increases the risk that symptomatic, or asymptomatic but COVID-19 positive, staff members working in the MCC facility who have not been tested will spread the virus to inmates as they travel from unit to unit. On the other hand, because staff members (unlike inmates) have been able to obtain tests of their own volition, staff members have been increasingly testing positive for COVID-19. The MCC reported seven staff with positive test results on April 3, 2020, 17 staff positives on April 14, and 33 staff positives on April 23. This further suggests that the prevalence of COVID-19 among the MCC’s inmate population has been increasing in similar fashion and is far larger than what the MCC has reported.
62. As of April 23, 2020, one month after the MCC’s first inmate tested positive for COVID-19, the MCC did not have any COVID-19 test kits available, making widespread testing an impossibility. Six out of the seven tests conducted to date have required transporting the inmate to a hospital.
63. The MCC also has failed to adequately screen staff entering the facility on a daily basis. While staff have been checked for elevated temperatures, they have not been asked if they have come into contact with a person who has tested positive for COVID-19 within the last 14 days. Staff who are exposed to inmates or other staff who have tested positive for COVID-19 have been asked to return to work at the facility after only 48 hours.
64. The MCC staff themselves recognized these dangers, joining an OSHA complaint alleging “imminent danger” to the staff based on, among other things, the requirement that staff report to work 48 hours following probable COVID-19 exposure and the failure to provide N-95 masks to the staff.
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65. The MCC has not conducted systematic contact tracing of staff members or inmates who have tested positive for COVID-19 to identify and isolate inmates with whom they have come into contact.
E. Failure to Isolate and Treat Those Suffering from COVID-19 66. The MCC has identified 205 inmates as particularly vulnerable to COVID-19 based on CDC criteria, but has not adequately provided for their medical needs. The MCC reported on March 20, 2020 that it was keeping many of these at-risk inmates in open dormitory units, comprised of a number of dormitories where 26 inmates sleep in one room in densely packed bunk beds and share a single toilet and one or two sinks. In certain cases, the MCC has also failed to provide vulnerable inmates with necessary prescription medications. 67. The MCC’s first COVID-19 positive inmate, whose test result was reported by the MCC on March 23, 2020, was being housed on 11 South, an open dormitory unit for individuals vulnerable to COVID-19. Further, this inmate was a member of the cadre and therefore moved throughout the building, with exposure to many other inmates, prior to testing positive. 68. Rather than adopting an isolation or social distancing protocol for the unit, the MCC placed the entire unit in “quarantine,” thereby keeping inmates from leaving the unit but offering no protection from the spread of COVID-19 within the group or to the staff working on that unit. The MCC failed to sanitize the unit after the inmate tested positive, and instead gave the inmates cleaning supplies—but not masks—to clean the unit themselves. 69. During this quarantine, many inmates in 11 South had COVID-19 symptoms, including coughing, fever, chills, achy bones, and loss of sense of taste and smell. Medical treatment primarily consisted of temperature checks and Tylenol. For the vast majority of these individuals, COVID-19 tests were not administered.
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70. Petitioner Woodson is an inmate in 11 South. In March 2020, an inmate in his dormitory developed COVID-19 symptoms, including a high fever, vomiting, and sweating. Despite inmates alerting the staff, this individual was not removed until the next morning, and subsequently tested positive for COVID-19. Two other individuals have since been removed from Mr. Woodson’s dormitory and placed into medical isolation. The unit has not been sanitized since these inmates became sick.
71. Petitioner Medina, who is also an inmate in 11 South, has shared a dormitory with a number of people who developed COVID-19 symptoms. Although multiple people in his dormitory had fevers, they were not removed because a corrections officer said that only inmates with temperatures above 104 degrees would be isolated. Mr. Medina developed chills, achy bones, and difficulty breathing, but did not receive medicine, his inhaler, or a COVID-19 test.
72. As inmates in 11 South and throughout the MCC have experienced symptoms associated with COVID-19, the MCC has implemented a flawed testing and isolation protocol. Staff have removed only those individuals who have an elevated temperature from their open dormitories and shared cells. However, as health experts have noted, temperature checks are insufficient for identifying people who are suffering from COVID-19. In one unit, rather than adopting appropriate testing, tracing, and isolation practices, correctional staff recently covered certain tiers of cells housing a number of symptomatic inmates with plastic.
73. Petitioner Fernandez-Rodriguez, who is housed on the seventh floor, has shared his cell with another inmate and has not received a COVID-19 test despite having a fever and a cough. Mr. Fernandez-Rodriguez has not received any medical care (aside from temperature checks) or his prescribed asthma medication.
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74. In some cases, the MCC’s failure to provide proper medical care has also harmed the treatment of inmates’ underlying health conditions. For example, Petitioner Woodson’s asthma has not been adequately treated by the rescue inhalers he has been provided by the MCC. Since suffering a serious asthma attack and enduring persistent breathing difficulties, Mr. Woodson has repeatedly reported his condition to the staff. The staff’s only response was that Mr. Woodson should place a sick call; however, despite numerous sick call requests, he has still not been seen by a doctor. Instead, the staff has continued to give him inhalers that are insufficient to manage his condition.
75. In addition to failing to adequately identify symptomatic inmates, the MCC has failed to provide adequate medical resources to care for them. Inmates who do contract COVID19 thus are at higher risk of serious illness or death than if they were in the community.
76. Unlike many other federal prisons and Rikers Island, the MCC has no separate medical unit or facility for inmates. Instead, individuals who develop high fevers, and those who are in such distress that they must be taken to the hospital, where they test positive for COVID-19, have been placed in solitary confinement and receive, at most, limited medical treatment. Those inmates that are symptomatic but do not develop high fevers have been left in their units, with little or no medical care.
77. The medically isolated inmates have been placed in solitary confinement in cells on the third floor or in the SHU, including in a tier of the MCC that housed the defendants charged with participating in the 9/11 terrorist attacks. Each of the cells in this tier has a single concrete “bed,” an open toilet, and a sink.
78. Others, like Petitioner Galvez-Chimbo, have been placed in “isolation” with a cellmate. Despite repeated requests for medical attention, it took two weeks for Mr. Galvez-
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Chimbo to be seen by a doctor after he began experiencing symptoms of fever, loss of sense of smell and taste, severe coughing, loss of appetite, physical body aches, and nighttime chills. His cellmate was also experiencing similar symptoms. On or about April 8, 2020, Mr. Galvez-Chimbo and his cellmate were moved to medical isolation on the third floor, where they continued to share a cell. Mr. Galvez-Chimbo received antibiotics (which are not a cure for this virus-based disease) and Tylenol, and was never tested for COVID-19. Mr. Galvez-Chimbo and his cellmate have now been released back to the general population on 7 North.
79. The MCC’s grossly inadequate treatment of its inmate population exacerbates the spread of COVID-19 at the MCC both because it impedes recovery and because it makes symptomatic individuals reluctant to speak up. By placing inmates in need of medical isolation in units normally designed for punishment, the MCC has disincentivized inmates from reporting symptoms, because such reporting could result in placement in solitary confinement with even less access to staff and limited ability to call their families or lawyers.
80. The MCC has been unable to provide the level of medical care that people who contract COVID-19 often require. Only two doctors have been available at the MCC to care for its approximately 700 inmates. The MCC has not had ventilators and has not been able to intubate inmates at the facility. Treatment provided by the MCC to symptomatic and COVID-19 positive individuals has generally been limited to twice-daily temperature readings and Tylenol. V. The MCC’s Continued Failure To Respond To The COVID-19 Pandemic Is
Occurring Despite Ample Warning and Opportunity to Mitigate 81. As early as March 4, 2020, the Federal Defenders attempted to address, with Respondent and other MCC staff, the serious health risks posed by COVID-19 to individuals confined in the facility. At that time, the MCC had not yet prepared any COVID-19 response plan.
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82. In the following days, the Federal Defenders continued to communicate to the MCC the importance of procedures to curb the spread of COVID-19, including implementing screening and testing protocols, ensuring thorough sanitization of the facility, providing all staff and inmates with 24-hour access to hot water and soap, and developing a plan for isolation and medical care for medically vulnerable inmates as well as any individuals displaying COVID-19 symptoms.
83. On March 12, 2020, Respondent stated that the MCC did not anticipate having a COVID-19 testing protocol, that the facility was housing medically at-risk inmates together in open dormitory units, that it did not know how many at-risk inmates it had, and that it did not know where within the facility it would be able to isolate symptomatic or COVID-19 positive inmates.
84. On March 20, 2020, the Second Circuit Court of Appeals acknowledged the “grave and enduring” risk posed by COVID-19 in the correctional context. Fed. Defs. of New York Inc. v. Fed. Bureau of Prisons, No. 19-1778, _F.3d._, 2020 WL 1320886, at *12 (2d Cir. Mar. 20, 2020). As of that same date, the MCC still had not determined how many at-risk inmates it had, had not procured tests for COVID-19, had only 30 N95 and 100 surgical masks for all staff and over 700 inmates, had no alcohol-based sanitizer, and had conducted doctors’ visits to each unit only once a week.
85. As of last week, the MCC had still not procured tests for COVID-19; had not consistently provided inmates with basic necessities, such as soap, gloves, and masks; had not undertaken contact tracing of staff and inmates who have tested positive, and had not addressed its serious shortage of medical staff and equipment necessary to prevent or address a more serious COVID-19 outbreak.
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HABEAS AND CLASS ACTION ALLEGATIONS 86. Section 2241 authorizes courts to grant habeas corpus relief where, inter alia, a person “is in custody in violation of the Constitution … of the United States,” 28 U.S.C. § 2241(c)(3), including due to the conditions of confinement. 87. Actions under Section 2241 may include a “multi-party proceeding similar to the class action authorized by the Rules of Civil Procedure.” United States ex rel. Sero v. Preiser, 506 F.2d 1115, 1125 (2d Cir. 1974). Petitioners accordingly bring this action on behalf of a proposed class of all current and future detainees in custody at the MCC during the course of the COVID19 pandemic (the “Class”). (Petitioners reserve the right to amend the Class definition or establish sub-classes if further investigation or information reveals the Class should be expanded or otherwise modified.) 88. Numerosity: The proposed Class includes approximately 700 people and is therefore so numerous that joinder of all proposed Class members is impracticable. Further, absent class certification, the proposed Class members would face a series of unreasonable barriers in accessing the relief sought, as they have limited ability to obtain legal representation and pursue litigation, a large portion of the proposed Class has limited educational backgrounds, and a significant percentage of the proposed Class suffers from physical or mental impairments. 89. Commonality: Common questions of law and fact exist as to all proposed Class members and predominate over questions that affect only the individual members. These common questions of fact and law include, but are not limited to: (1) whether Respondent’s policies, procedures and practices prior to and during the COVID-19 crisis exposed members of the proposed Class to a substantial risk of serious harm; (2) whether the Respondent knew of and disregarded a substantial risk of serious harm to the safety and health of the proposed Class; (3)
24

Case 1:20-cv-03315-ER Document 1 Filed 04/28/20 Page 25 of 29
whether the Respondent acted with deliberate indifference to members of the proposed Class with respect to their constitutional right to adequate medical care; (4) whether the conditions of confinement described in this Petition amount to violations of the Fifth and Eighth Amendments to the U.S. Constitution; and (5) what relief should be awarded to redress all such violations.
90. Typicality: Petitioners’ claims are typical of those of the proposed Class as a whole, because each Petitioner is currently in Respondent’s custody and Petitioners’ claims arise from the same policies, procedures, conditions, and practices (or lack thereof) that provide the basis for all proposed Class members’ claims.
91. Adequacy: Petitioners will fairly and adequately protect the interests of the proposed Class. The interests of the proposed Class representatives are consistent with those of the proposed Class members. In addition, counsel for Petitioners are experienced in class action and civil rights litigation. Further, counsel for Petitioners know of no conflicts of interest among the proposed Class members, or between the attorneys and the proposed Class members, that would affect this litigation.
CAUSES OF ACTION FIRST CLAIM FOR RELIEF (FIFTH AMENDMENT DUE PROCESS) 92. Petitioners incorporate by reference each and every allegation contained in the preceding paragraphs as if set forth fully herein. 93. The Fifth Amendment to the U.S. Constitution guarantees pretrial detainees the right to be free from conditions of confinement that pose an excessive risk to their health or safety. 94. Respondent has subjected Petitioners and Class members to conditions of confinement that pose an excessive risk to their health and safety.
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95. Respondent has acted with deliberate indifference to the Fifth Amendment right of Petitioners and Class members to be free from conditions of confinement that pose an excessive risk to their health and safety, by recklessly failing to act with reasonable care to mitigate the risk of COVID-19 to Petitioners and Class members even though Respondent knew or should have known about the risks of COVID-19 to them.
96. Respondent has subjected Petitioners and Class members to conditions of confinement that increase their risk of contracting COVID-19, for which there is no known vaccine or cure, even though Respondent knew or should have known that the conditions at the MCC exposed Petitioners and Class members to a substantial and unreasonable risk of illness and death.
97. As a result of Respondent’s unconstitutional actions and inaction, Petitioners and Class members are suffering, and will (unless remedied) continue to suffer, irreparable injury.
SECOND CLAIM FOR RELIEF (EIGHTH AMENDMENT CRUEL AND UNUSUAL PUNISHMENT) 98. The Eighth Amendment to the U.S. Constitution protects convicted persons from the infliction of cruel and unusual punishment. 99. Society does not tolerate the risk of exposure to COVID-19 to which Respondent’s policies, procedures, and practices (or lack thereof) have subjected Petitioners and the proposed Class members. It violates contemporary standards of decency to expose them unwillingly to this risk. 100. Respondent knows that Petitioners and Class members suffer a substantial and unreasonable risk of serious harm to their health and safety due to the presence of, and spread of, COVID-19 within the MCC.
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101. Respondent has acted with deliberate indifference towards Petitioners and Class
members by knowingly subjecting them to conditions of confinement that increase their risk of
contracting COVID-19, a disease for which there is no known vaccine or cure.
102. Respondent’s detention of Petitioners and Class members in the above-described
conditions of confinement has failed to protect them adequately from the risks of contracting
COVID-19.
103. As a result of Respondent’s unconstitutional actions and inaction, Petitioners and
Class members are suffering, and will (unless remedied) continue to suffer, irreparable injury.
PRAYER FOR RELIEF WHEREFORE, Petitioners seek orders:
(i) granting the Petition;
(ii) certifying the Class;
(iii) granting temporary, preliminary, and permanent injunction, directing
Respondent to take all appropriate actions in order to ensure the health and
safety of Petitioners and Class members with respect to COVID-19,
including but not limited to:
a. increased inmate health monitoring, expanded testing of inmates and staff, and implementation of contact tracing;
b. medically appropriate quarantine, isolation, and treatment measures for those suffering from, who have tested positive for, who are experiencing one or more symptoms consistent with, who are presumptively positive for, or who have come into contact with an individual determined to have, COVID-19;
c. improved cleaning of the facility, by professional cleaners on a regular basis, and distribution (free of charge) of basic hygiene necessities to all inmates;
d. release from MCC confinement, with such conditions as may be appropriate, of Petitioners and Class members (i) who are eligible for
27

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release pursuant to the BOP’s statutory authority or directives issued by Attorney General Barr; or (ii) for whom release (either temporary or permanent) is otherwise reasonable under the extraordinary circumstances of the COVID-19 pandemic; and e. for those inmates who cannot be released under (d) above and who are vulnerable to COVID-19 based on CDC criteria, prompt transfer from the MCC to another BOP facility where appropriate preventive measures may be taken and adequate health care can be provided, until such time as the MCC can improve conditions sufficiently to take such measures and provide such care itself; (iv) appointing an independent monitor to oversee Respondent’s compliance with this Court’s orders; and (v) granting such other and further relief as this Court may deem just and proper.
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Dated: April 28, 2020 New York, New York

COVINGTON & BURLING LLP
By: s/Arlo Devlin-Brown Arlo Devlin-Brown
Arlo Devlin-Brown Andrew A. Ruffino Alan Vinegrad Timothy C. Sprague Ishita Kala COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 T: (212) 841-1000 E: adevlin-brown@cov.com
aruffino@cov.com avinegrad@cov.com tsprague@cov.com ikala@cov.com
Attorneys for Petitioners

29

 
 Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 1 of 28

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315

MEMORANDUM OF AW IN SUPPORT OF PETITIONERS MOTION FOR A TEMPORARY RESTRAINING ORDER AND A PRE IMINARY IN UNCTION

COVINGTON BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 Tel: (212) 841-1000
Attorneys for Petitioners

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 2 of 28
TAB E OF CONTENTS
TABLE OF CONTENTS................................................................................................................ ii TABLE OF AUTHORITIES ........................................................................................................... i PRELIMINARY STATEMENT .................................................................................................... 1 FACTUAL BACKGROUND ......................................................................................................... 2 I. The MCC is Facing an Uncontrolled COVID-19 Outbreak. .............................................. 2 II. The MCC Has Not Implemented Essential Measures to Protect Inmates and
Mitigate the Spread of COVID-19...................................................................................... 3 III. The MCC’s Inaction Jeopardizes the Health and Safety of All Inmates, Especially
Those Identified as Particularly Vulnerable to COVID-19. ............................................... 7 ARGUMENT .................................................................................................................................. 8 I. Petitioners and Proposed Class Members Are Likely to Succeed on the Merits of
Their Claims........................................................................................................................ 9 A. The Conditions at the MCC, Combined with the Risks Posed by COVID-
19, Pose a Substantial Risk of Serious Harm to Inmates’ Health. ........................ 10 B. The MCC Has Acted With Deliberate Indifference Under Both Fifth And
Eighth Amendment Standards. ............................................................................. 12 II. Petitioners and Proposed Class Members Will Suffer Irreparable Harm Absent an
Order Granting the Requested Relief................................................................................ 17 III. The Balance of Equities Tilts in Petitioners’ Favor, and the Public Interest
Supports an Injunction. ..................................................................................................... 19 CONCLUSION............................................................................................................................. 21

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 3 of 28

Cases

TAB E OF AUTHORITIES

Andino v. Fischer, 555 F. Supp. 2d 418 (S.D.N.Y. 2008)................................................................................. 8

Banks v. Booth, 2020 WL 1914896 (D.D.C. Apr. 29, 2020) ...................................................................... 20

Basank v. Decker, No. 20 Civ. 2518 (AT), 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020) ......... 12, 17, 18, 20

Brown v. Plata, 563 U.S. 493 (2011)............................................................................................................ 9

Carmona v. U.S. Bureau of Prisons, 243 F.3d 629 (2d Cir. 2001)................................................................................................ 9

Castillo v. Barr, S.D.N.Y. Case No. 20 Civ. 605, ECF No. 32 (Mar. 27, 2020)................................... 18, 21

City of Revere v. Mass. Gen. Hosp., 463 U.S. 239 (1983).......................................................................................................... 10

Colton v. Ashcroft, 299 F. Supp. 2d 681 (E.D. Ky. 2004) ................................................................................. 9

Conn. Dep’t of Envtl. Prot. v. OSHA, 356 F.3d 226 (2d Cir. 2004).............................................................................................. 17

Coronel v. Decker, No. 20 Civ. 2472, 2020 WL 1487274 (S.D.N.Y. Mar. 27, 2020) ........................ 18, 19, 20

Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017)............................................................................................ 9, 12

Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110 (2d Cir. 2009).............................................................................................. 17

Farmer v. Brennan, 511 U.S. 825 (1994).................................................................................................... 10, 13

Feliciano v. Gonzales, 13 F. Supp. 2d 151 (D.P.R. 1998)..................................................................................... 14

Grand River Enters. Six Nations, Ltd. v. Pryor, 425 F.3d 158 (2d Cir. 2005).............................................................................................. 19

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Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 4 of 28
Hardy v. District of Columbia, 601 F. Supp. 2d 182 (D.D.C. Mar. 6, 2009) ..................................................................... 10
Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754 (9th Cir. 2004) ............................................................................................ 18
Harris v. Garner, 216 F.3d 970 (11th Cir. 2000) ............................................................................................ 9
Helling v. McKinney, 509 U.S. 25 (1993)............................................................................................ 9, 10, 12, 18
Hernandez v. County of Monterey, 110 F. Supp. 3d 929 (N.D. Cal. 2015) .............................................................................. 14
In re Request to Commute or Suspend County Jail Sentences, Docket No. 084230 (N.J. Mar. 22, 2020) ......................................................................... 21
Innovative Health Sys., Inc. v. City of White Plains, 117 F.3d 37 (2d Cir. 1997)................................................................................................ 18
Jeffries v. Block, 940 F. Supp. 1509 (C.D. Cal. 1996) ................................................................................. 12
Jimenez v. Wolf, Mem. Order, Docket No. 507, 18-cv-225 (D. Mass. Mar. 26, 2020) ........................... 21
Johnson v. Connolly, 378 F. App’x 107 (2d Cir. 2010) ...................................................................................... 17
Johnson v. Miles, 355 F. App’x 444 (2d Cir. 2009) ...................................................................................... 17
Jolly v. Coughlin, 76 F.3d 468 (2d Cir. 1996).......................................................................................... 12, 17
Jovel v. Decker, Mem. Decision Order, Docket No. 27, 20-cv-308 (GBD) (S.D.N.Y. Mar. 26, 2020) . 20
JSG Trading Corp. v. Tray-Wrap, Inc., 917 F.2d 759 (2d Cir. 1990).............................................................................................. 17
L.V.M. v. Lloyd, 318 F. Supp. 3d 601 (S.D.N.Y. 2018)............................................................................... 19
Litwin v. OceanFreight, Inc., 865 F. Supp. 2d 385 (S.D.N.Y. 2011)................................................................................. 9
ii

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 5 of 28
New York Civil Liberties Union v. New York City Transit Auth., 684 F.3d 286 (2d Cir. 2012)................................................................................................ 9
People ex rel. Stoughton on behalf of Hogan et al. v. Brann, Index No. 51078 2020 (Sup. Ct., N.Y. Cty. Mar. 27, 2020) ............................................ 21
People ex rel. Stoughton on behalf of Little et al. v. Brann, Index No. 260154 2020 (Sup. Ct., Bronx Cty. Mar. 25, 2020) ........................................ 20
Planned Parenthood of New York City, Inc. v. U.S. Dep't of Health & Human Servs., 337 F. Supp. 3d 308 (S.D.N.Y. 2018)............................................................................... 19
Sajous v. Decker, No. 18 Civ. 2447 (AJN), 2018 WL 2357266 (S.D.N.Y. May 23, 2018).......................... 19
Shimon v. Dep’t of Corr. Servs. for N.Y., No. 93-cv-3144 (DC), 1996 WL 15688 (S.D.N.Y. Jan. 17, 1996) ................................... 14
Stagliano v. Herkimer Cent. Sch. Dist., 151 F. Supp. 3d 264 (N.D.N.Y. 2015) .............................................................................. 18
United States v. Garlock, No. 18-cr-418 (VC), 2020 WL 1439980 (N.D. Cal. Mar. 25, 2020)................................ 12
United States v. Stephens, 15-cr-95 (AJN), 2020 WL 1295155 (S.D.N.Y. Mar. 19, 2020) ................................. 12, 20
Wilson v. Williams, 2020 WL 1940882 (N.D. Ohio Apr. 22, 2020)................................................................. 20
Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008)................................................................................................................ 9
Xochihua-Jaimes v. Barr, No. 18-71460, Doc. No. 53 (9th Cir. Mar. 23, 2020) ............................................................... 21
Statutes 18 U.S.C. § 3626............................................................................................................................ 9
Ot er Aut orities Ashley Graham, How Michigan’s Prisons Are Handling the COVID-19 Pandemic,
WLNS (Apr. 13, 2020, 6:20 PM EDT)............................................................................. 15 Board of Correction Daily Covid-19 Update,
N.Y. DOC (Apr. 21, 2020) ............................................................................................... 16
iii

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 6 of 28
Cary Aspinwall Joseph Neff, These Prisons Are Doing Mass Testing for COVID-19—and Finding Mass Infections, Marshall Project (Apr. 24, 2020, 5:32 PM EDT)....................... 5
CDC Media Telebriefing: Update on COVID-19, CDC (Feb. 25, 2020) ..................................... 17 Clairissa Baker, Minnesota Prison System Organizes Fight Against COVID-19,
St. Cloud Times (Mar. 13, 2020, 4:50 PM CDT) ............................................................. 15 Coronavirus Disease 2019 (COVID-19): Cases in the U.S., CDC .............................................. 10 Cory Shaffer, Ohio Governor Deploys National Guard to Help Federal Prison with
COVID-19, Corrections One (Apr. 7, 2020)..................................................................... 15 Frequently Asked Questions Regarding Potential Inmate Home Confinement In Response
to the COVID-19 Pandemic (last visited Apr. 27, 2020) .................................................. 17 Interim Guidance on Management of Coronavirus Disease (COVID-19) in Correctional
and Detention Facilities, CDC (Mar. 23, 2020) ............................................................. 3, 4 Katie Park et al., Tracking the Spread of Coronavirus in Prisons,
Marshall Project (Apr. 24, 2020, 3:05 PM EDT) ............................................................... 5 Kevin Johnson, Federal Prison System Expands Virus Testing to Find Hidden
Asymptomatic Infections, USA TODAY (Apr. 23, 2020) ..................................................... 4 Memorandum For Director of Bureau of Prisons re Increasing Use of Home Confinement
at Institutions Most Affected by COVID-19, Office of the Attorney General, Washington, D.C. (Apr. 3, 2020).................................................................................. 4, 16 Memorandum For Director of Prisons re Prioritization of Home Confinement As Appropriate in Response to COVID-19 Pandemic, Office of the Attorney General, Washington, D.C. (Mar. 26, 2020) ............................................................................... 4, 16 New York City Board of Correction Calls for the City to Begin Releasing People from Jail as Part of Public Health Response to COVID-19, (Mar. 17, 2020) .......................... 16 Preliminary Estimates of the Prevalence of Selected Underlying Health Conditions Among Patients with Coronavirus Disease 2019 — United States, February 12-March 28, 2020, CDC (Apr. 3, 2020) .................................................................................................. 8 Q&A on Coronaviruses (COVID-19), World Health Org. (Apr. 17, 2020) ................................... 3 Sandhya Kajeepeta Seth J. Prins, Why Coronavirus in Jails Should Concern All of Us, THE APPEAL (Mar. 24, 2020) .................................................................................................... 19
iv

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 7 of 28
Petitioners Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, and James Woodson (collectively, Petitioners ) respectfully submit this memorandum of law in support of their motion, pursuant to Federal Rule of Civil Procedure 65, for a temporary restraining order and a preliminary injunction directing Respondent, the Warden of the Metropolitan Correctional Center in Manhattan ( MCC ), to take immediate action to address the uncontrolled spread of the COVID-19 virus in the facility and thereby protect the health of its inmate population.
PRE IMINARY STATEMENT The MCC has responded to the ongoing outbreak of COVID-19 within the jail with a toxic mix of incompetence and indifference. More than a month after the first case, the MCC has no idea how far the virus has spread within its walls: it has failed to procure even a single COVID-19 test kit; and clearly symptomatic inmates linger for days in tightly-packed dorms where the virus can spread rapidly. Inmates want for soap, for masks, and for basic sanitation that is critical to fighting this pandemic. Plastic bags draped across unit entrances substitute for isolating the sick and protecting those who are well. And so COVID-19 spreads silently and unchecked across a dilapidated and overcrowded jail, housing over 200 inmates that the MCC itself has identified to be at high risk of serious illness or death from the disease. Three of the five Petitioners here have already suffered its symptoms. The MCC’s failures are all the more egregious because they are preventable. U.S. Attorney General William Barr, acting under new legislative authority, has directed federal correctional facilities to immediately reduce their populations. Yet the MCC has yet to release a single inmate under this authority, and continues to operate at 50 percent above capacity. The Centers for Disease Control and Prevention ( CDC ) has issued clear guidance as to what
1

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 8 of 28
correctional institutions must do to combat the spread of this deadly disease. The MCC has ignored it. The Federal Bureau of Prisons ( BOP ) itself has stressed the importance of widespread testing of both symptomatic and asymptomatic inmates. The MCC has tested almost no one.
The Court must act to stop this tragedy-in-the-making. The utter disregard the MCC has shown for protecting the health of those under its watch violates rights guaranteed under the Fifth and Eighth Amendments to the U.S. Constitution. The steps the MCC must take to combat the virus are clear. It must be ordered to take them.
FACTUA BAC GROUND The facts summarized below are based on the accompanying declarations of each Petitioner, Deirdre D. von Dornum (the attorney-in-charge of the Federal Defenders for the Eastern District of New York), and Dr. Jonathan Giftos (a doctor with extensive experience dealing with jail populations). I. T e MCC is Facing an Uncontrolled COVID Outbreak. On March 23, 2020, the MCC reported its first inmate to test positive for COVID-19. von Dornum Decl. 17. The inmate had exhibited symptoms for several days prior to being transported to the hospital for testing. Id. 18. Predictably, the virus had already begun spreading to others in the facility. Two additional inmates soon tested positive after being transferred to the hospital. Id. 24. The MCC’s abject failure to implement effective COVID-19 testing has made it difficult to determine the total number of infected inmates at the facility. Six of the seven MCC inmates tested since the outbreak began received tests only after becoming so ill that they had to be transferred to the hospital. Id.. 51. The single test the MCC itself administered to an inmate took place only after a court order. Id. In sum, only one percent of the MCC’s total inmate population has been tested for COVID-19. The fact that five of these seven tests were positive for
2

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 9 of 28
COVID-19 suggests that the disease has been spreading widely, and largely undetected, through the facility. A further signal: at least 33 MCC staff, who (unlike inmates) are not reliant on the MCC for testing, have tested positive for COVID-19, a number that has increased 371 percent in just four weeks. Id. 26. II. T e MCC Has Not Implemented Essential Measures to Protect Inmates and Mitigate
t e Spread of COVID . Correctional facilities are incubators and amplifiers for infectious diseases like COVID19. The virus is extremely contagious; it spreads from person to person through respiratory droplets emitted when coughing and sneezing, close personal contact, and contact with contaminated surfaces and objects.1 Giftos Decl. 5. This poses particular risks to incarcerated individuals, who experience their daily activities in very close quarters. Id. 8, 10 11. The federal government has provided guidance to correctional institutions on how to address these challenges. On March 23, 2020, the CDC issued Interim Guidance on Management of Coronavirus Disease (COVID-19) in Correctional and Detention Facilities ( Interim Guidance ), which detailed necessary measures for correctional facilities to prevent the spread of COVID-19.2 These include (i) creating and implementing plans to evaluate, test, and trace potential COVID-19 cases, (ii) isolating and treating inmates who test positive or are suspected positive cases, (iii) developing stricter sanitation policies that include cleaning and disinfecting shared areas and equipment several times daily with soap and hot water, (iv) providing free hygiene
1 The World Health Organization ( WHO ) suggests the COVID-19 virus can survive for up to 72 hours on plastic and stainless steel, up to 4 hours on copper, and "up to 24 hours on cardboard. Q&A on Coronaviruses (COVID-19), World Health Org. (Apr. 17, 2020), https: www.who.int news-room q-a-detail q-a-coronaviruses. 2 See Interim Guidance on Management of Coronavirus Disease (COVID-19) in Correctional and Detention Facilities, CDC (Mar. 23, 2020), https: www.cdc.gov coronavirus 2019ncov downloads guidance-correctional-detention.pdf.
3

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 10 of 28
products such as soap and tissues, and (v) constant use of personal protective equipment by staff and inmates.3
The federal government also has determined that prisons must release inmates to protect those most vulnerable to the virus and reduce overcrowding. The Coronavirus Aid, Relief and Economic Security Act (the CARES Act ) grants the Director of the BOP the power to increase the amount of time an inmate can serve a prison sentence in home confinement under certain conditions.4 On March 26, 2020, Attorney General Barr instructed the BOP to use its various statutory authorities to allow home confinement for inmates seeking transfer in connection with the COVID-19 outbreak.5 On April 3, 2020, Attorney General Barr further directed the BOP to immediately review for home confinement all inmates who have COVID-19 risk factors, as established by the CDC. 6 And on April 23, 2020, the BOP announced the need for expanded testing to include asymptomatic inmates, as well as those exhibiting symptoms, to control the spread of COVID-19.7
Despite this abundant guidance, authority, and direction, the MCC has egregiously failed to act to mitigate the spread of COVID-19 and protect its inmates.

3 See id.

4 Memorandum For Director of Bureau of Prisons re Increasing Use of Home Confinement at Institutions Most Affected by COVID-19, Office of the Attorney General, Washington, D.C. (Apr. 3, 2020), available at https: www.justice.gov file 1266661 download.

5 Memorandum For Director of Prisons re Prioritization of Home Confinement As Appropriate in Response to COVID-19 Pandemic, Office of the Attorney General, Washington, D.C. (Mar. 26, 2020), available at https: www.justice.gov file 1262731 download.

6 See supra note 4.

7 Kevin Johnson, Federal Prison System Expands Virus Testing to Find Hidden Asymptomatic

Infections,

USA

TODAY

(Apr.

23,

2020),

https: www.usatoday.com story news politics 2020 04 23 coronavirus-federal-prisons-expand-

testing-asymptomatic-inmates 3015287001 .

4

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First, the MCC has not released a single inmate pursuant to the directives issued by the Attorney General. von Dornum Decl. 64. As of April 24, 2020, the Federal Defenders have submitted the names of 16 individuals who are particularly vulnerable to COVID-19 and who thus are eligible for home confinement under those directives. Id. 62. This follows weeks of efforts to bring about the release of inmates being held there. Id. 59 62. The MCC has yet to reply or take any action in response. Id. 62. In addition to release to home confinement, the MCC could transfer inmates serving longer sentences to less crowded facilities that have the capability to provide better, necessary medical care. See id. 10. It has not done so. Id. 64.
Second, the MCC has failed to identify, quarantine, and treat individuals who have been exposed to COVID-19. Most fundamentally, the MCC had not tested inmates for the virus. Incredibly, the MCC has no COVID-19 tests, unlike numerous other facilities.8 von Dornum Decl.
51. Inmates have been screened for COVID-19 symptoms only if they self-report to facility staff. See id. 42; see also Fernandez-Rodriguez Decl. 5. Those who do have often been placed in solitary confinement in cells on the third floor or in the punitive Special Housing Unit ( SHU ), thus discouraging essential self-reporting. See von Dornum Decl. 22, 24 42.
Other symptomatic inmates inexplicably have been left in open dormitories or cells in close proximity to others. See id. 18 19. For example, one inmate who shared a dorm with Petitioner Woodson had a high fever and was vomiting. Woodson Decl. 13. Though the inmates in the
8 See, e.g., Cary Aspinwall Joseph Neff, These Prisons Are Doing Mass Testing for COVID19—and Finding Mass Infections, Marshall Project (Apr. 24, 2020, 5:32 PM EDT), https: www.themarshallproject.org 2020 04 24 these-prisons-are-doing-mass-testing-for-covid19-and-finding-mass-infections (highlighting numerous prisons employing aggressive COVID-19 testing regimes, including California, North Carolina, and Ohio); Katie Park et al., Tracking the Spread of Coronavirus in Prisons, Marshall Project (Apr. 24, 2020, 3:05 PM EDT), https: www.themarshallproject.org 2020 04 24 tracking-the-spread-of-coronavirus-in-prisons ( Ohio, Tennessee, Arkansas, Michigan, North Carolina have begun aggressively testing nearly everyone at prisons where people have become sick. ).
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unit yelled and banged on the walls of the cell to get the attention of correctional staff, the sick inmate was not removed until the next day. Id. That inmate tested positive for COVID-19. Id. Similarly, Petitioner Medina shared a dormitory with a number of people who were coughing, had fevers, chills, and achy bones, and had lost their sense of taste and smell. Medina Decl. 7. And Petitioner Galvez-Chimbo, who developed severe COVID-19 symptoms, including fever, loss of sense of smell and taste, severe coughing, loss of appetite, body aches, and nighttime chills, was kept in his cell with his cellmate for about two weeks, despite repeated requests for medical attention. Galvez-Chimbo Decl. 4.
For those inmates who are symptomatic, the MCC has provided inadequate medical care. There are only two doctors available at the MCC to care for the 700 inmates there. von Dornum Decl. 53. There is no in-house medical treatment center for sick patients. And the MCC lacks the life-saving care and treatment needed should any person develop complications from a COVID-19 infection. Id. 54 60.
Third, the MCC has failed to follow CDC guidelines necessary to improve conditions within the institution that contribute to the spread of COVID-19. Approximately 150 inmates have been confined in cramped, dormitory-style settings, with as many as 26 inmates sharing a single toilet. Id. 33. Many of those not in dormitory-style rooms share cells originally designed for one person. Id. 32. Inmates have not had regular access to sufficient soap, tissues have not been readily available, and there has been no access to hand sanitizer. Id. 37 39. Even when additional soap and other supplies have been available, inmates have been charged for the items through their commissary accounts, in direct violation of the CDC’s Interim Guidelines. See von Dornum Decl. 30; Hatcher Decl. 9 10; Medina Decl. 13; Fernandez-Rodriguez Decl. 7. Toilets, sinks, showers, phones, and computer terminals are all shared by inmates but have not
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been sanitized between uses, and inmates lack the supplies to maintain proper sanitation on their own. von Dornum Decl. 35 39.
Cadre inmates (inmates who work throughout the building) have continued to perform responsibilities, including cleaning the facility and preparing and serving food, yet they lack the protective supplies to do so safely. See Dornum Decl. 36 40; Medina Decl. 12. They are forced to reuse a limited supply of paper or thin cloth face masks, and have no access to gloves. von Dornum Decl. 45. Mr. Medina, who has experienced COVID-19 symptoms, has performed cadre duties, including serving breakfast, cleaning his unit (where at least two inmates tested positive for COVID-19), and cleaning the kitchen. Medina Decl. 12. He has not received a clean mask to perform these duties. The MCC has failed to act on repeated recommendations to employ an outside cleaning facility to improve the sanitation within the building. von Dornum Decl. 10. III. T e MCC s Inaction eopardi es t e Healt and Safety of All Inmates, Especially
T ose Identified as Particularly Vulnerable to COVID . The coronavirus can lead to dangerous and sometimes fatal consequences for those infected by it. Giftos Decl. 5. While the risks for severe or deadly symptoms are elevated for people over the age of 60 and people of any age who suffer from certain underlying medical conditions (including asthma, obesity, diabetes, lung disease, heart disease, chronic liver or kidney disease, and compromised immune systems), even individuals outside of these categories are at risk of contracting this potentially deadly disease. Id. 9 10. For example, 22 percent of individuals requiring admission to a hospital intensive care unit do not have any underlying health conditions.9 Id. 10.
9 Preliminary Estimates of the Prevalence of Selected Underlying Health Conditions Among Patients with Coronavirus Disease 2019 — United States, February 12-March 28, 2020, CDC (Apr. 3, 2020), https: www.cdc.gov mmwr volumes 69 wr mm6913e2.htm.
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The MCC has identified 205 inmates facing a particularly high risk of complications from COVID-19, including each of the five Petitioners. Mr. Fernandez-Rodriquez and Mr. Medina suffer from chronic asthma (and both lack access to the medications they need to manage the condition). Fernandez-Rodriguez Decl. 2; Medina Decl. 3. Ms. Hatcher is HIV positive and clinically obese. Hatcher Decl. 3. She also suffers from Chronic Obstructive Pulmonary Disease ( COPD ) as well as hypertension. Id. Mr. Woodson is HIV positive and suffers from several serious conditions, including hypertension, hepatitis, asthma, chronic lung disease, and hypothyroidism. Woodson Decl. 2. Mr. Galvez-Chimbo very likely already has COVID-19 (the MCC has refused to test him), and has been experiencing severe symptoms, including fever, loss of the sense of smell and taste, severe coughing, and chills. Galvez-Chimbo Decl. 4. Mr. Medina, housed in a unit where two inmates tested positive for COVID-19, and Mr. FernandezRodriguez, who continues to share a cell with another inmate, have suffered symptoms but have not been tested. Medina Decl. 10; Fernandez-Rodriguez 4. In response, the MCC has done next to nothing to ensure the health and safety not only of these Petitioners but also of the many inmates and staff with whom they interact.
ARGUMENT Applications for preliminary injunctions and temporary restraining orders under Rule 65 are governed by the same standards. See, e.g., Andino v. Fischer, 555 F. Supp. 2d 418, 419 (S.D.N.Y. 2008). Movants must demonstrate that (1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The party seeking the injunction carries the burden of persuasion to demonstrate, by a clear showing,’ that the necessary elements are satisfied. Litwin v. OceanFreight, Inc., 865 F. Supp. 2d 385, 392 (S.D.N.Y. 2011); see also N.Y. Civil Liberties
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Union v. N.Y. City Transit Auth., 684 F.3d 286, 294 (2d Cir. 2012) ( For mandatory injunctions, which alter rather than maintain the status quo, such as the one at issue here, the movant must show a clear or substantial likelihood of success on the merits. (internal quotation marks omitted)).
Each element of this test is satisfied here. Petitioners have identified substantial and compelling evidence that the MCC has recklessly failed to act to control the spread of COVID-19 through its facility, creating grievous risks to the health and lives of its inmate population. Immediate action is needed to decrease the number of persons held at the MCC, to begin testing, quarantining, and contact tracing, and to improve hygiene conditions.10 I. Petitioners and Proposed Class Members Are ikely to Succeed on t e Merits of
T eir Claims. A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society. Brown v. Plata, 563 U.S. 493, 511 (2011). The Eighth Amendment, which applies to inmates who have been convicted of an offense, protects the incarcerated from prison conditions that pose an unreasonable risk of serious damage to a prisoner’s health. Helling v. McKinney, 509 U.S. 25, 35 (1993). The Fifth Amendment guarantees due process protections to presumptively innocent persons detained before trial. See Darnell v. Pineiro, 849 F.3d 17, 21 n.3, 29 (2d Cir. 2017).
10 As a threshold matter, the Prisoner Litigation Reform Act’s provision concerning appropriate remedies with respect to prisons conditions, 18 U.S.C. § 3626, does not limit this Court’s authority to grant such relief in this case. As the Second Circuit has explained, the requirements of the PLRA do not apply to habeas proceedings. Carmona v. U.S. Bureau of Prisons, 243 F.3d 629, 634 (2d Cir. 2001); see, e.g., Wilson v. Williams, No. 4:20-cv-00794, 2020 WL 1940882, at 10 (N.D. Ohio Apr. 22, 2020) (recognizing that the PLRA does not apply to habeas petitions and thus § 3626 did not limit the court’s authority to grant habeas relief based on claims relating to COVID19); see also Harris v. Garner, 216 F.3d 970, 979 n.7 (11th Cir. 2000) ( 28 U.S.C. § 2241, 2254, and 2255 filings . . . are not covered by the PLRA. ); Colton v. Ashcroft, 299 F. Supp. 2d 681, 689 (E.D. Ky. 2004) (similar).
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Because pretrial detainees are entitled to protections at least as great as the Eighth Amendment protections available to a convicted prisoner, City of Revere v. Mass. Gen. Hosp., 463 U.S. 239, 244 (1983), conditions that would violate the Eighth Amendment are more than enough to also violate the Fifth Amendment rights of pre-trial detainees, Hardy v. District of Columbia, 601 F. Supp. 2d 182, 189 (D.D.C. 2009).
A. T e Conditions at t e MCC, Combined wit t e Risks Posed by COVID , Pose a Substantial Risk of Serious Harm to Inmates Healt .
Petitioners’ Fifth and Eighth Amendment claims both require proof that the conditions of confinement pose a risk of serious harm to the health of those detained at the MCC. See Farmer v. Brennan, 511 U.S. 825, 834 (1994) ( For a claim based on a failure to prevent harm, the inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm. ). But a remedy for unsafe conditions need not await a tragic event. I nmates are entitled to relief under the Eighth Amendment when they prove threats to personal safety from
the mingling of inmates with serious contagious diseases with other prison inmates. Helling, 509 U.S. at 34. The Supreme Court has held that, in determining whether there is a substantial risk of serious harm, courts must assess whether society considers the risk that the prisoner complains of to be so grave that it violates contemporary standards of decency to expose anyone unwillingly to such a risk. Id. at 36. To demonstrate a substantial risk of serious harm, Petitioners must show that the risk of which they complain is not one that today’s society chooses to tolerate. Id.
The risks of serious harm due to the COVID-19 outbreak are undeniable. The disease is highly contagious and spreads rapidly in close settings it has already killed over 53,000 people
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in the United States.11 The MCC is vastly over-crowded: as a facility with 700 inmates but designed to house 474, it is nearly 50 percent over its intended capacity. von Dornum Decl. 31. Inmates at the MCC spend all their time in close proximity with each other, many sleeping in rooms with 26 bunk beds, sharing sinks and toilets, eating at common tables, and sharing devices like telephones and computers. See id. 18, 30 33. Some inmates, including at least one who tested positive for COVID-19 in March, are members of the cadre, people who work in and regularly move throughout the building. Id. 21. And, even as these crowded conditions persist, the MCC continues to accept still more inmates. Id. 23.
The MCC also is not taking even rudimentary but essential steps to identify infected inmates, as directed by both the CDC and the BOP. von Dornum Decl. 29 45. The MCC has no COVID-19 tests. Id. 46. All inmates who have tested positive, except one, have done so only because their symptoms became so egregious that they were transferred to local hospitals where they were finally tested for the coronavirus. Id. When inmates or staff do present as symptomatic or test positive for COVID-19, the MCC has failed to conduct even minimal contact tracing to identify and isolate other potentially infected persons. von Dornum Decl. 4 43. Inmates with symptoms of COVID-19 are often held with cellmates, or in small dorm-like settings shared by more than two dozen other people. Id. 18 19.
Basic sanitation measures that might prevent the spread of illness are also sorely lacking. The MCC has not provided inmates with gloves or medically-appropriate face masks, or even basic necessities such as adequate hand soap and regular access to warm water. von Dornum Decl. 4, 35 38. The MCC has relegated inmates to the re-use of paper or thin cloth masks for up to two
11 As of April 26, 2020, the CDC estimates that 53,922 have died due to COVID-19. See Coronavirus Disease 2019 (COVID-19): Cases in the U.S., CDC (last visited Apr. 28, 2020), https: www.cdc.gov coronavirus 2019-ncov cases-updates cases-in-us.html.
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weeks, has yet to require its correctional officers to wear gloves, and has not allowed any alcoholbased hand sanitizer. Id. 37 45.
Courts routinely find that exposure to disease or health issues constitute a serious harm. See, e.g., Helling, 509 U.S. at 33 (finding that the reach of the Fifth and Eighth Amendments includes exposure of inmates to a serious, communicable disease ); Jolly v. Coughlin, 76 F.3d 468, 477 (2d Cir. 1996) ( C orrectional officials have an affirmative obligation to protect forcibly confined inmates from infectious disease. ); Jeffries v. Block, 940 F. Supp. 1509, 1514 (C.D. Cal. 1996) (agreeing that tuberculosis is a serious contagious disease, which presents a serious risk to inmate health ). This principle has been affirmed by several courts in recent rulings addressing the ongoing COVID-19 crisis. See, e.g., Basank v. Decker, No. 20-cv-2518 (AT), 2020 WL 1481503, at 5 (S.D.N.Y. Mar. 26, 2020) (citing United States v. Stephens, No. 15-cr-95 (AJN), 2020 WL 1295155, at 2 (S.D.N.Y. Mar. 19, 2020) and United States v. Garlock, No. 18-cr-418 (VC), 2020 WL 1439980, at 1 (N.D. Cal. Mar. 25, 2020)). There can be no reasonable dispute that such harm is present here.
B. T e MCC Has Acted Wit Deliberate Indifference Under Bot Fift And Eig t Amendment Standards.
The Fifth and Eighth Amendment claims both require proof that the MCC acted with deliberate indifference, though the requirement is not identical. Under the Fifth Amendment, which applies to pretrial inmates, a petitioner need only show that the respondent knew, or should have known, that the challenged condition posed an excessive risk to health or safety. Darnell, 849 F.3d at 35 (emphasis added). In other words, when pre-trial detainees challenge prison conditions, the Due Process Clause can be violated when an official does not have subjective awareness that the official’s acts (or omissions) have subjected the pretrial detainee to a substantial risk of harm. Id. Sentenced inmates bringing claims under the Eighth Amendment can show
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deliberate indifference through evidence that the respondent was aware of the facts from which the inference could be drawn that a substantial risk of serious harm exists, and that the Respondent actually dr ew the inference. Farmer, 511 U.S. at 837.
Petitioners have demonstrated deliberate indifference under either standard. As early as January 2020, both the Southern and Eastern Districts of New York began planning for COVID19 by, among other things, establishing protocols for remote proceedings, arranging for improved sanitation, and discussing how best to follow CDC protocols. von Dornum Decl. 6. Yet in early March, Respondent acknowledged that the MCC had not yet put forth any plan for the facility’s response to COVID-19. Id. 6 7. On March 12, 2020, the MCC reported, in a meeting convened by Chief Judge McMahon, that it had conducted no tests and had no plans for testing, did not have enough protective gear, and had no plan for isolating symptomatic or COVID-19 positive inmates. Id. 10.
When COVID-19 did, as expected, reach the jail, the MCC still failed to act. On March 23, 2020, the MCC reported its first COVID-19 positive case. von Dornum Decl. 17. Though symptomatic, the inmate in question was neither tested nor quarantined for several days. See id.
18. Once he tested positive, the other inmates in his unit, 11 South, were left quarantined in their open dormitories, where they slept alongside 25 other men with cots packed just a few feet apart. Id. 19. The MCC failed to sanitize the unit after the inmate tested positive, and instead forced the other inmates to attempt to clean the dormitory cell on their own without masks or other personal protective equipment. Id. The MCC’s actions did not mitigate the spread of COVID-19, but instead only ensured that the virus spread within this the group which it then did. Id. 24.
In short, the MCC flouted and continues to flout the guidance provided by the CDC on the key steps correctional facilities must take to address COVID-19. More than one month after
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the CDC guidance was issued, the MCC has still failed to follow it. It has failed to test inmates, failed to quarantine those likely infected, and failed to provide the basic sanitation needed to stop the virus’s spread. These were issues first identified as problems by the MCC in the first half of March. The fact that, more than six weeks later, the MCC cannot provide a COVID-19 test available at pharmacies across New York State is the very hallmark of indifference.
Respondent’s failures to follow accepted medical protocol, particularly in the face of positive cases, amount to deliberate indifference under well-settled law. See, e.g., Hernandez v. County of Monterey, 110 F. Supp. 3d 929, 943 (N.D. Cal. 2015) (stating that known noncompliance with generally accepted guidelines for inmate health strongly indicates deliberate indifference to a substantial risk of serious harm ). Indeed, a failure by a prison to implement safety and hygiene procedures in the face of an infectious disease outbreak is a classic example of deliberate indifference violating the Fifth and Eighth Amendments. See, e.g., Feliciano v. Gonzales, 13 F. Supp. 2d 151, 208 09 (D.P.R. 1998) (finding that the defendant’s inability to properly isolate cases of active tuberculosis, the insufficient medical dormitory beds, the failure to fully screen incoming inmates, and the failure to provide for a sick call system that ensures access to care and that is capable of effectively handling emergencies constituted deliberate indifference); Shimon v. Dep’t of Corr. Servs. for N.Y., No. 93-cv-3144 (DC), 1996 WL 15688, at 1 (S.D.N.Y. Jan. 17, 1996) (holding that the defendant’s inability to adequately quarantine or remove inmates and support staff known to have active tuberculosis constituted deliberate indifference).
Respondents’ failures are particularly outrageous because these dangers could be readily addressed. The MCC’s omissions contrast starkly with common-sense measures other correctional facilities have implemented to protect the health of their inmates. For example, the Minnesota
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Department of Corrections established a pandemic response team and began taking a number of recommended measures as of March 13, 2020, including identifying alternate housing locations for inmates who need to be isolated, identifying vulnerable inmates for prevention considerations, and providing extra handwashing and sanitizing stations for people entering and exiting facilities.12 Similarly, the Michigan Department of Corrections has actively taken steps to quarantine inmates who test positive for COVID-19 in separate facilities, creating a setting where there is little to no contact between healthy and sick inmates.13 When the Elkton Federal Prison in Ohio determined it lacked medical personnel to treat a severe outbreak within its facility, it partnered with the Ohio National Guard and the Army Corps of Engineers to send 26 medically trained national guard members, medical equipment, and ambulances to the facility.14 The MCC’s response to COVID19 pales in comparison.
The MCC’s failure to reduce its inmate population, despite clear directives from Attorney General Barr, likewise demonstrates a gross indifference to the health and well-being of those in its charge. On April 3, 2020, Attorney General Barr directed BOP facilities to review all inmates with COVID-19 risk factors and authorize the release of those particularly medically vulnerable

12 See Clairissa Baker, Minnesota Prison System Organizes Fight Against COVID-19, St. Cloud

Times

(Mar.

13,

2020,

4:50

PM

CDT),

https: www.sctimes.com story news local 2020 03 13 doc-sets-up-command-post-covid-19-

minnesota-st-cloud-coronavirus-prison 5043758002 .

13 See Ashley Graham, How Michigan’s Prisons Are Handling the COVID-19 Pandemic, WLNS (Apr. 13, 2020, 6:20 PM EDT), https: www.wlns.com news michigan how-michigans-prisonsare-handling-the-covid-19-pandemic .

14 See Cory Shaffer, Ohio Governor Deploys National Guard to Help Federal Prison with COVID19, Corrections One (Apr. 7, 2020), https: www.correctionsone.com coronavirus-covid19 articles D.C.-governor-deploys-national-guard-to-help-federal-prison-with-covid-19Z6luUGyFV5BoD9R .

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who pose low risk to the public.15 Attorney General Barr also directed the BOP to prioritize the use of your various statutory authorities to grant home confinement for inmates seeking transfer in connection with the ongoing COVID-19 pandemic. 16 Yet the MCC has released no one in response to the Attorney General’s directives, even though there are many suitable candidates. See von Dornum Decl. 58 59. Petitioners Medina and Woodson are prime examples. Both men are scheduled to be released later this year, are incarcerated for non-violent offenses, and suffer from health conditions that make them vulnerable to COVID-19.17 The MCC has declined to release to home confinement either man, or numerous other inmates at MCC nearing the end of their sentences.
Notably, other New York and similarly-situated correctional facilities have been able to reduce inmate populations to protect against the spread of COVID-19, making the MCC’s failure to act that much more inexplicable. For instance, on March 17, 2020, the New York City Board of Corrections called on New York City to release people from criminal custody, prioritizing people over 50 with underlying health conditions, detained for administrative reasons, and or with sentences of one year or less.18 New York has since released over 1,500 inmates.19 In addition,
15 See supra note 4. 16 See supra note 5. 17 Attached hereto as Appendix A is a chart providing pertinent details concerning each Petitioner, including (where applicable) the length of their sentences, currently projected release dates, and the offenses with which they have been charged and or convicted. 18 See New York City Board of Correction Calls for the City to Begin Releasing People from Jail as Part of Public Health Response to COVID-19, (Mar. 17, 2020), https: www1.nyc.gov assets boc downloads pdf News 2020.03.17 20-
20Board 20of 20Correction 20Statement 20re 20Release.pdf. 19 See Board of Correction Daily Covid-19 Update, N.Y. DOC (Apr. 21, 2020), https: www1.nyc.gov assets boc downloads pdf News covid19 Public_Reports Board 20of 20Correction 20Daily 20Public 20Report_4_21_2020.pdf.
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according to the BOP, since Attorney General Barr’s March 26, 2020 directive approximately 1,500 BOP inmates have been placed in home confinement.20 Once again, the MCC has failed to mitigate the imminent and irreparable harm to its inmate population by taking similar measures. II. Petitioners and Proposed Class Members Will Suffer Irreparable Harm Absent an
Order Granting t e Requested Relief. In the Second Circuit, a showing of irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction. Basank, 2020 WL 1481503, at 2 (quoting Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110, 118 (2d Cir. 2009)). Harm is considered to be irreparable if it cannot be redressed through a monetary award. JSG Trading Corp. v. Tray-Wrap, Inc., 917 F.2d 75, 79 (2d Cir. 1990). A violation of constitutional rights constitutes irreparable harm as a matter of law. See, e.g., Johnson v. Connolly, 378 F. App’x 107, 108 (2d Cir. 2010); Johnson v. Miles, 355 F. App’x 444, 446 (2d Cir. 2009); Conn. Dep’t of Envtl. Prot. v. OSHA, 356 F.3d 226, 230 31 (2d Cir. 2004); Jolly, 76 F.3d at 482. A likelihood of irreparable harm is clearly present here. Petitioners and other MCC inmates face severe illness, pain, and potentially death if the conditions of their incarceration are not addressed and changed now. COVID-19 has already gained a foothold at the MCC, and its spread is inevitable.21 von Dornum Decl. 31 45. Once infected, Petitioners and other inmates will be at serious risk of grave or life-threatening complications due not only to the MCC’s woeful sanitary conditions, health protections, and housing practices, as well as its overpopulation, see id., but also
20 See Frequently Asked Questions Regarding Potential Inmate Home Confinement In Response to the COVID-19 Pandemic (last visited Apr. 27, 2020), https: www.bop.gov coronavirus faq.jsp. 21 See CDC Media Telebriefing: Update on COVID-19, CDC (Feb. 25, 2020), https: www.cdc.gov media releases 2020 a0225-cdc-telebriefing-covid-19.html ( It’s not a question of if but rather a question of when and how many people in this country will have severe illness. ).
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(for many inmates) because of their respective ages and or underlying medical conditions. Giftos Decl. 9.
It is well-established that risk of exposure to serious health effects alone is sufficient to establish irreparable harm. The Supreme Court has observed that i t would be odd to deny an injunction to inmates who plainly proved an unsafe, life-threatening condition in their prison on the ground that nothing yet had happened to them. Helling, 509 U.S. at 33; see also Innovative Health Sys., Inc. v. City of White Plains, 117 F.3d 37, 43 (2d Cir. 1997) (finding the burden of showing irreparable injury was satisfied where evidence was presented that closing of treatment program would lead to plaintiffs’ continued abuse of alcohol and drugs, resulting in death, illness, or disability ); see also Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754, 766 (9th Cir. 2004) (finding likelihood of pain, infection, amputation, medical complications, and death constituted irreparable harm); Stagliano v. Herkimer Cent. Sch. Dist., 151 F. Supp. 3d 264, 273 (N.D.N.Y. 2015) ( T he obvious potential for such issues as developing chronic health issues or spreading contagious diseases underscores the need for equitable relief . ).
Several courts have already determined that the grave risks from COVID-19 constitute irreparable harm and injury the very same risks Petitioners and other inmates now face. See, e.g., Basank, 2020 WL 1481503, at 4 ( The risk that Petitioners will face a severe, and quite possibly fatal, COVID-19 infection if they remain in immigration detention constitutes irreparable harm warranting a TRO. ); Coronel v. Decker, No. 20 Civ. 2472, 2020 WL 1487274, at 3 (S.D.N.Y. Mar. 27, 2020) ( Due to their serious underlying medical conditions, all Petitioners face a risk of severe, irreparable harm if they contract COVID-19. ); Castillo v. Barr, S.D.N.Y. Case No. 20 Civ. 605, ECF No. 32, at 10 (Mar. 27, 2020) (finding that petitioners should be
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released from immigration custody because they established irreparable harm stemming from risk of exposure to COVID-19). III. T e Balance of Equities Tilts in Petitioners Fa or, and t e Public Interest Supports
an In unction. Where the Government is the opposing party, the final two factors in the temporary restraining order analysis the balance of the equities and the public interest merge. Coronel, 2020 WL 1487274, at 7 (citing Planned Parenthood of New York City, Inc. v. U.S. Dep't of Health & Human Servs., 337 F. Supp. 3d 308, 343 (S.D.N.Y. 2018)). These factors, too, plainly support immediate injunctive relief here. First, the public interest is best served by ensuring the constitutional rights of persons within the United States are upheld. Id. (quoting Sajous v. Decker, No. 18 Civ. 2447 (AJN), 2018 WL 2357266, at 13 (S.D.N.Y. May 23, 2018); see also L.V.M. v. Lloyd, 318 F. Supp. 3d 601, 620 (S.D.N.Y. 2018). This is especially true in this case, where the constitutional rights at stake go to the very physical well-being of the aggrieved individuals. In addition, ensuring public health and safety is also in the public’s interest. See Grand River Enters. Six Nations, Ltd. v. Pryor, 425 F.3d 158, 169 (2d Cir. 2005) (referring to public health as a significant public interest ). The relief requested here would also protect MCC staff members, as well as the community at large as staff members who come into contact with COVID-19-positive inmates may spread the disease to their families and communities.22 Sick inmates or staff members will frequently need to be transported to local hospitals, which are already overwhelmed. Any action to ease the burden on hospitals and healthcare systems or, at a minimum, to prevent making the situation worse is undeniably in the public interest.
22 Sandhya Kajeepeta Seth J. Prins, Why Coronavirus in Jails Should Concern All of Us, THE APPEAL (Mar. 24, 2020), https: theappeal.org coronavirus-jails-public-health .
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Likewise, the relief requested here would not impose an unreasonable burden on the MCC.
Releasing inmates to home confinement or transferring them to other facilities cannot be
considered an unreasonable burden, as such authority and procedure existed even prior to the
COVID-19 outbreak. Nor is asking the MCC to obtain COVID-19 tests, when New York State
has been running up to 10,000 tests per day. Nor is establishing a basic level of sanitation within
the facility. Indeed, courts around the country have begun to order the emergency release of
inmates whose conditions of confinement in the COVID-19 pandemic violate the U.S.
Constitution. See, e.g.:
• Banks v. Booth, 2020 WL 1914896 (D.D.C. Apr. 19, 2020) (issuing a TRO, finding Plaintiffs have provided evidence that Defendants are aware of the risk that COVID-19 poses to Plaintiffs’ health and have disregarded those risks by failing to take comprehensive, timely, and proper steps to stem the spread of the virus, and ordering the Washington D.C. Department of Corrections to make immediate improvements to conditions in each of these areas);
• Wilson v. Williams, 2020 WL 1940882 (N.D. Ohio Apr. 22, 2020) (ordering Respondents to immediately evaluate and review medically-vulnerable class members for compassionate release, home release, parole or community supervision, transfer furlough, or non-transfer furlough within two weeks);
• Coronel, 2020 WL 1487274 (S.D.N.Y. Mar. 27, 2020) (granting release from immigration detention of four petitioners with medical conditions that render them particularly vulnerable to severe illness or death if infected by COVID-19);
• Basank, 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020) (granting release of ten petitioners who suffer from chronic medical conditions, and face an imminent risk of death or serious injury in immigration detention if exposed to COVID-19 );
• United States v. Stephens, 15-cr-95 (AJN), 2020 WL 1295155 (S.D.N.Y. Mar. 19, 2020) (granting motion for reconsideration of defendant’s bail conditions and releasing him from the MCC to home confinement, recognizing inmates may be at heightened risk of contracting COVID-19);
• Mem. Decision Order, Jovel v. Decker, Docket No. 27, 20-cv-308 (GBD) (S.D.N.Y. Mar. 26, 2020) (granting emergency request for release of petitioner from immigration detention in light of the COVID-19 crisis);
• People ex rel. Stoughton on behalf of Little et al. v. Brann, Index No. 260154 2020 (Sup. Ct., Bronx Cty. Mar. 25, 2020) (releasing 106 individuals held at Rikers Island jail on
20

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 27 of 28
parole violations who are particularly vulnerable to illness or death if infected by COVID19); • People ex rel. Stoughton on behalf of Hogan et al. v. Brann, Index No. 51078 2020 (Sup. Ct., N.Y. Cty. Mar. 27, 2020) (releasing 16 individuals held at Rikers Island jail on pretrial detention who were particularly vulnerable to illness or death due to COVID-19); • Xochihua-Jaimes v. Barr, No. 18-71460, Doc. No. 53 (9th Cir. Mar. 23, 2020) (unpublished) (ordering, sua sponte, that petitioner be immediately released from immigration detention i n light of the rapidly escalating public health crisis related to COVID-19); • Castillo, No. 20-cv-605 (TJH) (C.D. Cal. Mar. 27, 2020) (ordering that petitioners be released from immigration detention in light of COVID-19 and noting the risk of infection in immigration detention facilities and jails is particularly high ); • Mem. Order, Jimenez v. Wolf, Docket No. 507, 18-cv-225 (D. Mass. Mar. 26, 2020) (ordering release of petitioner from immigration detention due to COVID-19 concerns); • In re Request to Commute or Suspend County Jail Sentences, Docket No. 084230 (N.J. Mar. 22, 2020) (ordering, based on the dangers posed by COVID-19, release of any inmate in New Jersey serving a county jail sentence as a condition of probation or as a result of a municipal court conviction). The balance of equities thus tilts decidedly in Petitioners’ favor and in support of the emergency relief sought here.
CONC USION More than a month after its first case, the MCC has utterly failed to address the spread of COVID-19 within the jail, risking the health and lives of the more than 700 people under its care. This Court should grant Petitioners’ motion for a temporary restraining order and preliminary injunction directing the MCC to take immediate action to address the uncontrolled spread of the COVID-19 virus in the facility utilizing both release and non-release relief, and thereby ensuring and protecting the health and well-being of its inmate population.
21

Case 1:20-cv-03315-ER Document 5 Filed 04/28/20 Page 28 of 28

Dated: April 28, 2020 New York, New York

COVINGTON BURLING LLP
By: s Arlo Devlin-Brown Arlo Devlin-Brown Andrew A. Ruffino Alan Vinegrad Timothy C. Sprague The New York Times Building 620 Eighth Avenue New York, New York 10018 T: (212) 841-1000 E: adevlin-brown@cov.com
aruffino@cov.com avinegrad@cov.com tsprague@cov.com
Attorneys for Petitioners

22

Case 1:20-cv-03315-ER Document 4 Filed 04/28/20 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
[PROPOSED] ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER

Upon the Class Action Petition Seeking Writs of Habeas Corpus under 28 U.S.C. § 2241 dated April 28, 2020, the Declarations of Deirdre D. von Dornum, Dr. Jonathan Giftos, Cesar Fernandez-Rodriguez, and Rober Galvez-Chimbo, all dated April 27, 2020, the Declarations of Sharon Hatcher, Jonathan Medina, and James Woodson, all dated April 24, 2020, the accompanying exhibits attached thereto, the accompanying memorandum of law, and all pleadings and proceedings relevant to this action, it is hereby:
ORDERED that Respondent Warden Marti Licon-Vitale show cause before this Court, pursuant to 28 U.S.C. § 2243 and Federal Rule of Civil Procedure 65(a), at Room ____ at 500 Pearl Street, New York, N.Y. 10007, or, in light of the COVID-19 pandemic, by teleconference at (___) ___ - _____, at _____ __.m., on the ______ day of __________, 2020, why an order should not be issued pursuant to 28 U.S.C. § 2241 and Federal Rule of Civil Procedure 65(a): (1) granting a preliminary injunction directing Respondent to take appropriate actions in order to ensure the health and safety of Petitioners and the proposed Class members with respect to COVID-19, as

Case 1:20-cv-03315-ER Document 4 Filed 04/28/20 Page 2 of 5
further set forth in the memorandum of law accompanying Petitioners' application, and (2) granting such other and further preliminary injunctive relief as this Court may deem just and proper; and it is further
ORDERED that, sufficient reason having been shown, pending the hearing of Petitioners' application for a preliminary injunction, and pursuant to Federal Rule of Civil Procedure 65(b), Respondent Licon-Vitale and all of her officers, agents, servants, employees, and assigns are temporarily restrained and enjoined from maintaining conditions at the Metropolitan Correctional Center in New York, New York ("MCC") that endanger the health and safety of Petitioners and the proposed Class members with respect to COVID-19, and are further directed to implement the measures set forth in Appendix A to this Order; and it is further
ORDERED that, in light of the COVID-19 pandemic, service of this Order and the papers upon which it is based be made on Respondent on or before the ______ day of April, 2020 at _____ __.m. to The Honorable Geoffrey S. Berman, United States Attorney for the Southern District of New York, 1 St. Andrew’s Plaza, New York N.Y. 10007 by electronic mail to geoffrey.berman@usdoj.gov and that said service be deemed good and sufficient service; and it is further
ORDERED that any response to Petitioners' application for a preliminary injunction shall be filed and served by Respondent on or before the ______ day of April, 2020 at _____ __.m. and that service by electronic mail to Arlo Devlin-Brown at adevlin-brown@cov.com be deemed good and sufficient service; and it is further
ORDERED that any reply papers in further support of Petitioners' application for a preliminary injunction shall be filed and served by Petitioners on or before the ______ day of
2

Case 1:20-cv-03315-ER Document 4 Filed 04/28/20 Page 3 of 5

April, 2020 at _____ __.m. and that service on Mr. Berman as set forth above shall be deemed

good and sufficient service.

SO ORDERED.

Dated:

New York, New York April ____, 2020, at _____ __.m.

____________________________________ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK

3

Case 1:20-cv-03315-ER Document 4 Filed 04/28/20 Page 4 of 5
APPENDIX A
I. Inmate Testing, Contact Tracing, and Quarantine and Isolation Measures
A. Obtain, within 3 days of this Order, a sufficient supply of COVID-19 test kits to test all symptomatic MCC inmates and staff, and those within the MCC with whom they have or may have been in contact since March 1, 2020.
B. Implement, within 3 days of this Order, contact tracing for each MCC inmate and staff who has tested positive for, or in the future test positive for, COVID-19.
C. Ensure, within 3 days of this Order, that all MCC inmates who test positive for, or display one or more symptoms of, COVID-19 are quarantined or isolated in a medically appropriate manner and in settings not ordinarily used for punishment, such as the Special Housing Unit.
II. Distribution of Basic Hygiene Necessities and Facility Cleaning
A. Provide all MCC inmates, free of charge, within 3 days of this Order, adequate supplies, including hand soap, paper towels, toilet paper, facial tissue, and disinfectant products effective against COVID-19, including disinfecting wipes that can be used on the shared telephones, computer terminals, and shower handles.
B. Provide all MCC inmates, free of charge, within 3 days of this Order, with masks effective for preventing transmission of COVID-19. Each inmate shall receive a minimum of five masks each week.
C. Provide, within 3 days of this Order, all MCC staff who have had, or in the future have, contact with MCC inmates with new or sanitized N-95 or other medically appropriate masks, and require that all MCC staff wear personal protective equipment at all times during their shift.
D. Hire a qualified professional cleaning service to clean and disinfect the MCC, at least once a week, beginning within 3 days of this Order, with disinfectant products effective against COVID-19.
III. Inmate Population
A. Cease acceptance of any new detainees to the MCC until such time that appropriate preventive measures can be taken in order to ensure the health and safety of Petitioners and the proposed Class members with respect to COVID-19, including all actions required by this Order.
B. Evaluate each MCC inmate’s eligibility for release, with a written report issued to the Court and Petitioners' counsel: (i) within 24 hours of this Order, for all inmates who currently qualify for home confinement under any statutory or regulatory
4

Case 1:20-cv-03315-ER Document 4 Filed 04/28/20 Page 5 of 5
provision or the written directives of United States Attorney General William Barr; (ii) within 4 days of this Order, for the 205 MCC inmates whom the MCC has previously identified as vulnerable to COVID-19 under CDC criteria, and (iii) within 7 days of this Order, for all remaining inmates. C. Immediately release from MCC confinement, with such conditions as may be appropriate, Petitioners and other Class members: (i) who currently qualify for home confinement under any statutory or regulatory provision or the written directives of United States Attorney General William Barr; and (ii) for whom release (either temporary or permanent) is otherwise reasonable under the extraordinary circumstances of the COVID-19 pandemic. D. For MCC inmates not to be released under (C) above and who are vulnerable to COVID-19 based on CDC criteria, transfer, as promptly as circumstances allow, such inmates from the MCC to another facility where appropriate preventive measures can be taken and adequate health care can be provided, until such time as the MCC can improve conditions sufficiently to take such measures and provide such care itself. IV. Public Reporting A. File a detailed report to the Court, within 3 days of this Order and weekly thereafter, describing all efforts made by Respondent and all of her officers, agents, servants, employees, and assigns, in response to this Order and any further orders of the Court.
5

Case 1:20-cv-03315-ER Document 6-1 Filed 04/28/20 Page 1 of 1

Appendi A Petitioner Summary C art

Name
Fernande Rodrigue ,
Cesar
Registration No. 90994-054

SDNY Case No.
and udge 20-cr-00043-
GBD 14-cr-00383-
GBD (Judge Daniels)

C arges and Case Status
Charge: 21 U.S.C. § 846 (Conspiracy to distribute narcotics); Violation of Supervised Release.
Trial Date: 7 8 2020

Sentence NA

Release Date
NA

Bail Compassionate Release Application and
Decision
Bail application denied on 4 8 2020

Criminal History
Prior narcotics offenses

Medical Issues Citi ens ip

Severe chronic asthma, Symptomatic for COVID-19

Dominican Republic

Gal e C imbo, Rober

19-cr-570SHS

Charge: 21 U.S.C. § 846 (Conspiracy to distribute narcotics).

NA

NA

Registration No. 76320-054

(Judge Stein)

Pled guilty: 3 5 2020 Sentencing Date: 6 5 2020

NA

None

Symptomatic for COVID-19

Ecuador

Hatc er, S aron
Registration No. 85973-054

18-cr-454KPF
(Judge Failla)

Charge: 21 U.S.C. § 846 (Conspiracy to distribute narcotics).
Pled guilty: 9 11 2019 Sentenced: 3 4 2020

Medina, onat an
Registration No. 62407-054

09-cr-983WHP (Judge Pauley)

Violation of Supervised (marijuana use, failure to report to Probation Officer, failure to participate in substance abuse treatment)
Admitted violation: 1 9 2019 Sentenced: 3 1 2019

52 months
Nine months imprisonment, beginning in October 2019

Woodson, ames
Registration No. 85862-054

18-cr-845PKC
(Judge Castel)

Charge: 18 U.S.C. § 1347 (Health care fraud)
Pled guilty: 2 22 2019 Sentenced: 11 26 2019

One year and one day

April 3, 2022

Motion for compassionate release and renewed bail application denied on 4 16 2020; furlough application currently pending with BOP

Prior narcotics offenses; robbery (33 years ago)

HIV positive, Chronic Obstructive Pulmonary Disease, Clinical obesity, Hypertension

United States

June 29, 2020

Request for release was made to Warden on March 28, 2020

Trespassing and marijuana use offenses; conspiracy to distribute cocaine base

Asthma; Symptomatic for COVID-19

United States

December 12, 2020

Application for compassionate release denied on April 6, 2020 without prejudice for failure to exhaust administrative remedies

Prior narcotics and larceny offenses

Hypertension, Hepatitis-B, Asthma, Chronic lung disease; Major depressive disorder; Hypothyroidism; HIV positive.

United States

 
 Case 1:20-cv-03315-ER Document 7 Filed 04/28/20 Page 1 of 25

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See .DWLH%HQQHUBarr Says Epstein’s Suicide Resulted From “Perfect Storm Of Screw-ups,” 1<7LPHV1RYDYDLODEOHDWKWWSVZZZQ\WLPHVFRPQ\UHJLRQ ZLOOLDPEDUUMHIIUH\HSVWHLQVXLFLGHLQYHVWLJDWLRQKWPO"VHDUFK5HVXOW3RVLWLRQ  See 6WHSKHQ5H[%URZQStaff Morale Plummets at Troubled Federal Lockup where Jeffrey Epstein Killed Himself1<'DLO\1HZV'HFDYDLODEOHDW KWWSVZZZQ\GDLO\QHZVFRPQHZ\RUNQ\PFFHSVWHLQIDOORXW TS\UH[]Z[MGW[EIERSXSO\OPVWRU\KWPO
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LQFOXGLQJEULQJLQJLQDQRXWVLGHFRPSDQ\WRVDQLWL]HWKHILUVWIORRUDQGKDYLQJ RUGHUOLHVFOHDQWKHRWKHUIORRUV I VRFLDODQGOHJDOYLVLWRUVFRXOGQRWEULQJKDQGVDQLWL]HUEXWWKH0&&PLJKWEH DEOHWRDOORZLQWHUSUHWHUVWREULQJDWUDYHOVL]HERWWOHRIKDQGVDQLWL]HU J WKH %23 ZDV JRLQJ WR UHOD[ WKH UHVWULFWLRQ RQ DOFRKROEDVHG VDQLWL]HU GXULQJ &29,'HSLGHPLFDQGWKH:DUGHQKDGRUGHUHGDOFRKROEDVHGVDQLWL]HUIRU WKHKRXVLQJXQLWVEXWGLGQRWNQRZZKHQLWZRXOGDUULYH K WKH 0&& KDG RUGHUHG JRJJOHV JORYHV DQG PDVNV IRU VWDII EXW GLG QRW NQRZ ZKHQWKLVSURWHFWLYHHTXLSPHQWZRXOGDUULYH L WKH0&&KDGSURYLGHGHDFKLQPDWHZLWKDEDURIVRDS M WKH0&&KDGEHJXQ³FRKRUWLQJ´WKHPHGLFDOO\DWULVNLQPDWHVRQRQHIORRUWR VHSDUDWHWKHPDQGSODQQHGWRKRXVHDWULVNLQPDWHVZLWKWKHFDGUHLQPDWHVRQ WKHRSHQGRUPLWRU\XQLWV N WKH0&&GLGQRWNQRZKRZPDQ\DWULVNLQPDWHVLWKDG O WKH0&&GLGQRW\HWNQRZZKHUHDQ\V\PSWRPDWLFRUSRVLWLYHLQPDWHVZRXOG EH LVRODWHG EXW SODQQHG WR FDOO WKH 1HZ <RUN &LW\ 'HSDUWPHQW RI +HDOWK LI VRPHRQHZDVV\PSWRPDWLFDQGVHQGDQ\RQHZKRZDVVLFNWRWKHKRVSLWDODQG QRWFDUHIRUWKHPDWWKHIDFLOLW\ P WKH0&&DOUHDG\KDGRQHV\PSWRPDWLFLQPDWHEXWWKHSK\VLFLDQ¶VDVVLVWDQWKDG GHFLGHGLWZDVQRW&29,' Q LQRUGHUWRUHGXFHWKHSRSXODWLRQDW0&&DQGFRKRUWDWULVNLQPDWHVRUVHSDUDWH V\PSWRPDWLF LQPDWHV WKH 0&& SODQQHG WR WUDQVIHU D QXPEHU RI VHQWHQFHG LQPDWHVWR)&,2WLVYLOOH
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R WKH0&&GLGQRWLQWHQGWRLPSOHPHQWDORFNGRZQRQVRFLDORUOHJDOYLVLWDWLRQ S WKH0&&ZRXOGFRQWLQXHWRDFFHSWQHZGHWDLQHHV T WKH0&&ZRXOGVFUHHQQHZGHWDLQHHVIRUV\PSWRPVRI&29,'DQGZRXOG
DVNWKHPLIWKH\KDGWUDYHOHGUHFHQWO\RXWVLGHWKH8QLWHG6WDWHV  2Q0DUFKMXVWWKUHHGD\VDIWHUWKHIDFLOLW\KDGUHRSHQHGIROORZLQJWKH DERYHGHVFULEHGFRQWUDEDQGVHDUFKWKH)HGHUDO'HIHQGHUVOHDUQHGIURPDQDVVRFLDWHGSUHVVUHSRUW WKDWDOO%23IDFLOLWLHVZRXOGEHFORVHGWROHJDODQGVRFLDOYLVLWDWLRQIRUWKHQH[WGD\VLQRUGHU WRUHGXFHWKHULVNRIYLVLWRUVEULQJLQJWKHYLUXVLQWRWKHIDFLOLWLHV7KH)HGHUDO'HIHQGHUVDQGRWKHU GHIHQVHFRXQVHOZHUHVXEVHTXHQWO\LQIRUPHGE\HPDLOIURP6XSHUYLVRU\$WWRUQH\0F)DUODQGWKDW 0&&ZRXOGEHFORVHGWROHJDOYLVLWDWLRQIRUWKLVGD\SHULRG$WWDFKHGKHUHWRDV([KLELW%LV D WUXH DQG FRPSOHWH FRS\ RI D 0DUFK   HPDLO IURP 6HWK ' (LFKHQKROW] 'HSXW\ &KLHI &LYLO'LYLVLRQ8QLWHG6WDWHV$WWRUQH\¶V2IILFHIRUZDUGLQJWKHHPDLOIURP6XSHUYLVRU\$WWRUQH\ 0F)DUODQG  2Q 0DUFK   )HGHUDO 'HIHQGHUV DJDLQ DVNHG 6XSHUYLVRU\ $WWRUQH\ 0F)DUODQG KRZ PDQ\ KLJKULVN LQGLYLGXDOV ZHUH DW 0&& DQG ZKDW WKH IDFLOLW\¶V SODQ ZDV IRU SURWHFWLQJWKHPDVZHOODVZKDWWKHSODQZDVIRUWHVWLQJDQGFDULQJIRUDQ\V\PSWRPDWLFLQPDWHV :HUHFHLYHGQRVXEVWDQWLYHUHVSRQVH  2Q 0DUFK   )HGHUDO 'HIHQGHUV PDGH D IRUPDO UHTXHVW WR WKH 0&& WKDW 'DYLG3DWWRQDQG,EHDOORZHGWRWRXUWKHIDFLOLW\DQG0'&%URRNO\QRQDWZLFHZHHNO\EDVLV GXULQJWKHGD\ORFNGRZQWRPRQLWRUFRQGLWLRQVJLYHQWKHODFNRIOHJDODQGVRFLDODFFHVVDVZHOO DVSULRULVVXHVZLWKLQFRPSOHWHRULQDFFXUDWHLQIRUPDWLRQIURPWKH0&&UHJDUGLQJFRQGLWLRQVDW
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WKHIDFLOLW\$WWDFKHGDV([KLELW&LVDWUXHDQGFRPSOHWHFRS\RID0DUFKOHWWHUIURP 'DYLG3DWWRQWR1LFROH0F)DUODQG2Q0DUFKWKH:DUGHQRI0&&GHQLHGWKLVUHTXHVW DVWRERWKIDFLOLWLHV$WWDFKHGDV([KLELW'LVDWUXHDQGFRPSOHWHFRS\RID0DUFKOHWWHU IURP:DUGHQ0/LFRQ9LWDOHWR'DYLG3DWWRQ
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I LIDQLQPDWHVHOIUHSRUWVV\PSWRPVWKHQWKH\DUHEHLQJVFUHHQHGE\EHLQJDVNHG TXHVWLRQVDQGWDNLQJWKHLQPDWH¶VWHPSHUDWXUH
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 $VRI$SULOVWDIIPHPEHUVDQGLQPDWHVDW0&&KDYHWHVWHGSRVLWLYH 7KH0&&KDVWHVWHGLQPDWHVLQWRWDO
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See$SULO/HWWHUIURP0&&:DUGHQWR&KLHI-XGJH0DXVNRSIDYDLODEOHDW KWWSVZZZQ\HGXVFRXUWVJRYSXEERS0'&B0&&BBSGI Id. See 1RDK*ROGEHUJDQG6WHSKHQ5H[%URZQCoronavirus Pandemic Rages at NYC’s Federal Jails – and Numbers Back Lawyers’ and Staffers’ Claims that Management Has a Poor Grip on the Problem1<'DLO\1HZV$SUDYDLODEOHDWKWWSVZZZQ\GDLO\QHZVFRP FRURQDYLUXVQ\FRURQDYLUXVPGFPFFERSWNKST[NIGTIPSYL[[YOY[TIPVWRU\KWPO Compare$SULO/HWWHUIURP4'))DFLOLW\$GPLQLVWUDWRUDYDLODEOHDW KWWSVZZZQ\HGXVFRXUWVJRYSXEERS4')BBSGIto$SULO/HWWHU IURP0&&:DUGHQWR&KLHI-XGJH0DXVNRSIDYDLODEOHDW KWWSVZZZQ\HGXVFRXUWVJRY SXEERS0'&B0&&BBSGI Id %RDUGRI&RUUHFWLRQ'DLO\&RYLG8SGDWHIRU:HGQHVGD\$SULODYDLODEOHDW KWWSVZZZQ\FJRYDVVHWVERFGRZQORDGVSGI1HZVFRYLG3XEOLFB5HSRUWV%RDUG RI&RUUHFWLRQ'DLO\3XEOLF5HSRUWBBBSGI
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Case 1:20-cv-03315-ER Document 7-3 Filed 04/28/20 Page 1 of 4
Exhibit

Case 1:20-cv-03315-ER Document 7-3 Filed 04/28/20 Page 2 of 4
March 16, 2020
AE A
Nicole McFarland Holly Pretasi MCC/MDC Legal Counsel
A t th
Dear Nicole and Holly:
I write in response to Friday’s announcement that the BOP was immediately instituting a 30-day suspension of social and legal visiting at all federal detention facilities, including the MCC in Manhattan and the MDC in Brooklyn, with the possibility of a renewed suspension in 30 days’ time. As you know, the Federal Defenders have tried to engage with the BOP about its plans to prevent and contain a COVID-19 outbreak at the MCC and MDC, and expressed specific concerns about treating those facilities entirely as places of “quarantine” and cutting inmates off from their lawyers and loved ones as a result. The BOP’s recently announced plans are exactly what we feared. Although we appreciate the severity of the health risks that COVID19 poses, it appears that the BOP has not considered alternative ways in which it can protect the health of inmates and facility staff while respecting inmates’ constitutional rights.
Shutting down visitation not only directly burdens these rights, but also puts inmates at risk of additional harm. During recent lockdown periods, inmates have been denied warm food, fresh drinking water, adequate medical treatment, and the ability to engage in even minimal hygiene. And without regular access to their counsel, inmates lose the primary means of addressing these issues in real time.
The BOP has further frustrated the Federal Defenders’ efforts to help their clients through such crises by providing the Defenders’ and other stakeholders inaccurate or incomplete information. For instance, less than two weeks ago, after shutting down the MCC in response to a tip that a corrections officer had smuggled a gun into the facility, the BOP moved more than 150 inmates to FCI Otisville. Warden Licon-Vitale informed both the Federal Defenders and Chief Judge McMahon that none of the transferred inmates was a pre-trial detainee, but rather all were designated inmates who were in holding status at the MCC. In fact, the majority of the transferees were pre-trial detainees, and several had impending court appearances that had to be cancelled as a result of their transfer.

Case 1:20-cv-03315-ER Document 7-3 Filed 04/28/20 Page 3 of 4

Nicole McFarland/Holly Pratesi : Federal Defenders’ Ac t

March 16, 2020

In addition, BOP officials informed the Federal Defenders that inmates were receiving necessary medical treatment, provided one hot meal a day, and permitted to shower, in line with BOP policy. Yet, scores of inmates with no relationship to one another reported the exact opposite. Certain inmates did not receive medications, including for anemia, AIDS and diabetes, many reported receiving only cold (and in some cases frozen) food for days on end, and others went almost a week without fresh drinking water, a shower or change of clothing. For twelve days, menstruating women had one pair of underwear and no hygiene products, and were told by corrections officers to “stuff tissue up there.”
The Federal Defenders uncovered similar misstatements by BOP leadership in the aftermath of the electrical fire that resulted in the cancellation of visiting at the MDC in February 2019. Then-Warden Herman Quay represented to court officials that inmates had not been confined to their cells, that neither heat nor hot water had been impacted, that inmates continued receiving hot meals, and that there had been no disruption of medical care. Yet when Chief Judge Irizarry issued an administrative order permitting Deirdre von Dornum, Attorney-in-Charge for the Federal Defenders in the Eastern District, to access the facility, the reality that Ms. von Dornum and U.S. Attorney Investigator John Ross discovered was markedly different than what Warden Quay had reported. Cells were pitch black, and a guard informed Ms. von Dornum that some inmates had not been allowed outside of their cells for a week. Other inmates had not received hot food for days, and the facility was painfully cold, causing BOP officers to wear multiple layers while inmates suffered in short-sleeved shirts and light cotton pants. Many inmates reported not receiving prescriptions, and others said that they had requested, but not received, medical attention, including for open wounds, which Ms. von Dornum and Mr. Ross observed first-hand.
We have deep concerns about what the over 2000 inmates at the MCC and MDC are experiencing. We intend to play a constructive role in helping the BOP navigate the challenges that COVID-19 presents, while continuing to demand that the rights of our clients and other inmates at the MCC and MDC are respected. It is our understanding that this is exactly what the BOP expects of us. In fact, the government has represented to at least one Southern District judge that it thinks that it “makes sense to have [the Federal Defenders] continue to be . . . the point people for discussion” about the BOP’s plans relating to COVID-19. Tr. at 15, United States v. Holloway, No. 20 Cr. 126 (S.D.N.Y. Mar. 12, 2020) (conference before Hon. Laura Taylor Swain).

Case 1:20-cv-03315-ER Document 7-3 Filed 04/28/20 Page 4 of 4

Nicole McFarland/Holly Pratesi : Federal Defenders’ Ac t

March 16, 2020

To perform this role effectively, the Federal Defenders request that Deirdre von Dornum and I be permitted to tour the MCC and MDC, and speak with inmates in all units, on a twice-aweek basis, for the duration of the current 30-day shutdown. We are prepared to take the same health precautions as corrections officers who continue to work in the facilities, as well as any additional measures medically necessary to protect the health of inmates and staff, as well as our own health.
I ask that you respond to this request no later than noon on Tuesday, March 17.
Yours truly,
/s David E. Patton
cc: Jeff Oestericher, Chief, Civil Division (SDNY) Seth Eichenholtz, Deputy Chief, Civil Division (EDNY) Adam Johnson, BOP Regional Counsel

Case 1:20-cv-03315-ER Document 7-4 Filed 04/28/20 Page 1 of 2
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Case 1:20-cv-03315-ER Document 7-4 Filed 04/28/20 Page 2 of 2

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Case 1:20-cv-03315-ER Document 8 Filed 04/28/20 Page 11 of 26

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Case 1:20-cv-03315-ER Document 8 Filed 04/28/20 Page 26 of 26

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Dated: April 27, 2020 Brooklyn, New York

Dr. Jonathan iftos

26

Case 1:20-cv-03315-ER Document 9 Filed 04/28/20 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF CESAR FERNANDEZ-RODRIGUEZ

CESAR FERNANDEZ-RODRIGUEZ declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is CESAR FERNANDEZ-RODRIGUEZ. I am a pre-trial detainee in the Metropolitan Correctional Center (“MCC”). My trial is currently set for July 8, 2020. My registration number is 90994-054. I have been housed on the 7th floor since arriving here.
2. I am 37 years old. I have severe chronic asthma, which was first diagnosed in 2009. Shortly before I was arrested I was hospitalized in January for 48 hours at Montefiore Hospital in the Bronx with a severe asthma attack, and went to St. Joseph’s Medical Center in Yonkers in December for a similar reason. I have been prescribed prednisone, albuterol, ibuprofen, and benzonatate for my asthma, which I took regularly before being detained, but MCC staff have only provided me with an inhaler. I last had an asthma attack on March 12th after the guards used pepper spray on my floor. I was not given any medical care.

Case 1:20-cv-03315-ER Document 9 Filed 04/28/20 Page 2 of 2

3. I share my small cell with another inmate. My cellmate and I share a toilet and a sink. 4. For the last week or so, I have had symptoms of Covid-19. I have had a fever and a cough,
and my cellmate has shown similar symptoms. I have told the guards about my condition, but so far, the only care I have received is having my temperature taken by the guards. 5. I have not been told what the MCC’s testing procedures are, other than I was told I should tell the guards if I start to feel worse. The only testing I know of is taking a person’s temperature. At least four people who were on 7 and got sick were removed to another floor. 6. All inmates on 7 are currently confined to their cells 23 hours a day, including mealtimes. We are only allowed to shower once every three days. Other than being told we are remaining in our cells to limit our exposure to Covid-19, we have not been given any other information about what the guards or prison staff are doing to fight the disease. 7. We have not been given any extra soap or supplies, and MCC is charging inmates for these items. 8. I am afraid because I have no access to medicine, and I don’t know if I have the virus or not. I’m very nervous that my symptoms will get worse and trigger my asthma, and I don’t know what kind of care I’ll be able to get since I don’t have my medication.

Executed on: April 27, 2020 New York, New York

As reported by Cesar FernandezRodriguez to Ryan A. Partelow of Covington & Burling LLP

2

Case 1:20-cv-03315-ER Document 11 Filed 04/28/20 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF RO ER GAL EZ-C I O

ROBER ALBERTO GALVEZ-CHIMBO declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is ROBER ALBERTO GALVEZ-CHIMBO and I have been an inmate at the Metropolitan Correctional Center (“MCC”) since July 12, 2019. I am currently awaiting sentencing, and my sentencing date is scheduled for June 5, 2020. My Registration Number is 76320-054.
2. I am 45 years old. 3. When I arrived at the MCC I was placed in 7S. In early March of 2020, I was moved to
7N. 4. On March 25, 2020, I began to feel sick. My symptoms included an extreme bloody nose,
fevers, loss of sense of smell and taste, severe coughing, loss of appetite, physical body aches, and nighttime chills. I felt extremely unwell.

Case 1:20-cv-03315-ER Document 11 Filed 04/28/20 Page 2 of 2
5. Through my cellmate (as I do not speak English and re uire a translator), I repeatedly re uested medical attention. My cellmate was also experiencing similar symptoms. No one responded at first. I eventually saw a doctor on April 7, 2020. The doctor listened to my lungs and took my temperature. He gave me a prescription for the antibiotic Levofloxacin, 500mg, and told me to take Tylenol.
6. Despite my symptoms, no one has tested me for COVID-19. 7. I have lost 18 pounds since first becoming sick in prison. 8. I was put in isolation on April 8, 2020, and moved to the third floor. I was moved out of
isolation on April 24, 2020, and put back on 7N. I was placed in isolation with my cellmate, and as of April 27, 2020, have been placed back with him on 7N. 9. This Declaration was prepared by Katri Stanley, a law clerk at Covington & Burling, the law firm that is representing me in this case, based on my statements to her. Ms. Stanley read a translated version to me in Spanish, and I agreed it was correct.

Executed on: April 27, 2020 New York, New York

As reported by Rober Alberto Galvez-Chimbo to Katri Stanley of Covington & Burling LLP

2

Case 1:20-cv-03315-ER Document 12 Filed 04/28/20 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF S ARON ATC ER

SHARON HATCHER declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is SHARON HATCHER and I have been an inmate at the Metropolitan Correctional Center (“MCC”) since July 25, 2018. My Registration Number is 85973054. I have been housed in the Women’s Housing Unit since arriving here.
2. I was sentenced on March 4, 2020. I was told that I will be sent to another prison to serve my sentence but I do not know which one it will be.
3. I am 53 years old and I am in not in good health. I am HIV positive, and I suffer from Chronic Obstructive Pulmonary Disease (“COPD”). I am also clinically obese and have high blood pressure and high cholesterol. I am currently prescribed eight different medications for my health issues.

Case 1:20-cv-03315-ER Document 12 Filed 04/28/20 Page 2 of 2

4. Because of my COPD I get a lot of upper respiratory infections. In the past, I have been hospitalized because I was having problems breathing.
5. I share my small cell with another inmate. My cellmate and I share a toilet and a sink. 6. For almost a month, my housing unit has been under uarantine. We are locked in our
cells for as many as 23 hours a day, including at mealtimes, but we still share common spaces like the shower. They do not disinfect the showers between use. 7. We also all use the same phones and computers. The phones and computers are not sanitized in between uses. 8. We are given one thin surgical mask a week to wear. 9. We get one or two very small bars of soap when they have it, but that is not every week. If we want extra soap we have to pay for it and there are limits on how much soap we can buy. 10.We have not been given hand sanitizer or tissues, even recently. 11.I don’t know of anyone in my unit having been tested for COVID-19, even people who seem sick. 12.This declaration was prepared by attorney Timothy Sprague based on my statements to him. Mr. Sprague read it to me and I agreed it was correct.

Executed on: April 24, 2020 New York, NY

As reported by Sharon Hatcher to Timothy C. Sprague of Covington & Burling LLP

2


Case 1:20-cv-03315-ER Document 13 Filed 04/28/20 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF ONAT AN EDINA

JONATHAN MEDINA declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is JONATHAN MEDINA and I have been an inmate at the Metropolitan Correctional Center (“MCC”) since October 1, 2019. My Registration Number is 62407054.
2. I was sentenced on March 1, 2019, to a nine month sentence for a supervised release violation, and am scheduled for release on June 29, 2020 of this year. I am currently a cadre inmate.
3. I am 32 years old and I have asthma. I have not had access to my inhaler since about February 27, 2020.
4. I used to share a small cell with a roommate, but on about February 27, 2020, I was placed in the Special Housing Unit (“SHU”) for about three weeks. No one told me why and I never received an incident report. When I was released from the SHU, I was

Case 1:20-cv-03315-ER Document 13 Filed 04/28/20 Page 2 of 3
moved to 11 South, an open dormitory unit, where I’m living in a dormitory with 25 other cadre and pre-trial inmates. 5. In our dormitory we share one toilet, one sink, and a shower. We also sleep very close to each other in an open room. 6. Our unit went into uarantine around March 21, 2020. Before that day, there was a person in my dormitory who said he was feeling sick. As far as I know he was not given any medical treatment, just Tylenol. When we went into uarantine, he was still in our dormitory and sleeping in the same room as us even though he still seemed sick. 7. During the two weeks we were in uarantine, most of the people in my unit had coronavirus symptoms. People, including in my dormitory, were coughing, had fevers, chills, and achy bones, and lost their sense of smell and taste. The only medical treatment people seemed to be getting was temperature checks and Tylenol. Even though some people in my dormitory had fevers, a Corrections Officer said that they were only isolating people whose temperatures were higher than 104. 8. I had chills, trouble breathing, and achy bones. I did not inform any staff about my symptoms because I was afraid that they would isolate me to the SHU. 9. I believe that four people were removed from my unit during uarantine, and two of them have told me that they tested positive for COVID-19. 10.I have not been tested for COVID-19 and have not received any medical treatment, aside from temperature checks. 11.Since the two-week uarantine, we have stopped receiving temperature checks, even though my unit remains on lockdown. We are released from the unit for only 2 hours every day.
2


Case 1:20-cv-03315-ER Document 13 Filed 04/28/20 Page 3 of 3

12.Since about April 21, 2020, I’ve resumed my cadre duties and have been serving breakfast and sanitizing my unit and the kitchen.
13.I do not have access to soap, unless I purchase it. I’m given a cloth mask once a week, and do not receive a different mask for my cadre duties.
14.This declaration was prepared by attorney Ishita Kala based on my statements to her. Ms. Kala read it to me and I agreed it was correct.

Executed on: April 24, 2020 New York, NY

As reported by Jonathan Medina to Ishita Kala of Covington & Burling, LLP

3


Case 1:20-cv-03315-ER Document 14 Filed 04/28/20 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF A ES OODSON

JAMES WOODSON declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is JAMES WOODSON and I have been an inmate at the Metropolitan Correctional Center (“MCC”) since February 5th, 2020. My Registration Number is 85862-054.
2. I am 56 years old and I have asthma, chronic lung disease, hypertension, hepatitis-B, hyperthyroidism, and HIV. I also struggle with depression and anxiety.
3. I have not received a nebulizer to help with my asthma since coming to the MCC. The rescue inhalers that I have been given have not been enough on their own. As a result, I have had a serious asthma attack, and often have difficulty breathing. When I report my breathing difficulties, the staff tell me that I need to place a sick call. I have done so multiple times, but I have still not seen a doctor. The staff just give me more inhalers.
1

Case 1:20-cv-03315-ER Document 14 Filed 04/28/20 Page 2 of 3
4. In early March, I was sent to a facility in Otisville while the staff searched for a loaded gun in the MCC.
5. I returned from Otisville on March 12, 2020, and was immediately placed in a unit on 11 South. This is a dorm unit that holds 26 beds. The unit is cramped and overcrowded.
6. My unit shares two sinks, one urinal, one toilet, and one shower. When we arrived, one sink did not work, and the shower and toilet had leaks. Because of prior flooding, the unit was putrid. Because the toilet continues to leak, the floor is constantly wet and the bathroom smells like urine.
7. The staff have not given me any clothing other than the outfit I was wearing the day we returned from Otisville. I have now worn the same clothes for over 40 days.
8. After we returned from Otisville, the MCC staff did not return many of our personal items, including hygiene products. These items are not always available at the commissary.
9. I have been provided a small hygiene kit, but I have not been given extra soap or cleaning supplies.
10.Disinfectant has not been made available to everyone in the unit. 11.I have not received any gloves or hand sanitizer. 12.About a week ago, I was given one mask. 13.On March 21, 2020, a member of my dorm who slept two beds away from me got sick. He
had a high fever, was vomiting, and was sweating intensely. We had to bang on the walls and doors in order to attract the attention of the CO, but the staff did not remove him from our unit until the next morning. I understand that he tested positive for COVID-19. 14.Since then, the MCC staff has removed two other members of my dorm and placed the rest of us on uarantine. We have not been separated from each other.
2

Case 1:20-cv-03315-ER Document 14 Filed 04/28/20 Page 3 of 3
15.Some other members of my unit that feel sick do not report anything to the staff because they do not want to be put in the SHU.
16.Our access to the staff has been greatly reduced. This includes very limited access to medical staff. We are told the medical staff are not available during evenings and nights. When members of my unit have needed to see medical staff, they were not seen until the morning.
17.The staff do check our temperatures, but are doing so less often now, approximately once a week.
18. My unit has not been cleaned, sanitized, or disinfected since members became sick. 19.This Declaration was prepared by attorney Gavin Bosch based on my statements to him.
Mr. Bosch read it to me and I agreed it was correct.

Executed on: April 24, 2020 New York, New York

As reported by James Woodson to Gavin Bosch of Covington & Burling LLP

3

 
 Case 1:20-cv-03315-ER Document 50 Filed 05/26/20 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER) NOTICE OF MOTION

PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law in Support of Petitioners’ Motion for a Preliminary Injunction dated May 26, 2020; the Declaration of Arlo Devlin-Brown dated May 26, 2020 and the exhibits thereto (including the expert report of Dr. Homer Venters and declarations from Petitioners and other MCC inmates); the Declaration of Ishita Kala dated May 26, 2020 and the exhibits thereto; the Declaration of Andrew A. Ruffino dated May 26, 2020; the Declaration of Deirdre D. von Dornum dated April 27, 2020 (ECF No. 7), and the exhibits thereto; the Declaration of Jonathan Giftos, M.D. dated April 27,2020 (ECF No. 8); the Petition (ECF No. 1), and Declarations filed by Petitioners Cesar Fernandez-Rodriguez (ECF No. 9), Rober Galvez-Chimbo (ECF No. 11), Sharon Hatcher (ECF No. 12) and James Woodson (ECF No. 14) on April 28, 2020, and all other prior pleadings and proceedings in this action, Petitioners, by their counsel, will move this Court on June 2, 2020 at 10:00 a.m., at the United States Courthouse for the Southern District of New York, 40 Foley Square, New York, New York, before The Honorable Edgardo Ramos, United States District Judge, for an Order,
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pursuant to Federal Rule of Civil Procedure 65, granting preliminary injunctive relief against Respondent as set forth in Appendix A hereto, and granting such other and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to the schedule previously approved by the Court, Respondent's opposition papers, if any, shall be served no later than May 29, 2020, and Petitioners’ reply papers, if any, shall be served no later than June 1, 2020 at 5:00 p.m.

Dated: New York, New York May 26, 2020

COVINGTON & BURLING LLP

By:

s/ Arlo Devlin-Brown

Arlo Devlin-Brown Andrew Ruffino Alan Vinegrad Timothy Sprague COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 T: (212) 841-1000 E: adevlin-brown@cov.com
aruffino@cov.com avinegrad@cov.com tsprague@cov.com

Counsel for Petitioners

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APPENDIX A
Petitioners seek an order providing the following relief:
I. Testing
1. The MCC shall promptly begin testing the following categories of inmates for COVID-19:
A. All inmates upon admission, with newly admitted inmates who report or are determined to have COVID-19 symptoms (as identified by the CDC) but have a COVID-19 negative test result re-tested, with the second test sent to a commercial laboratory;
B. All symptomatic inmates (with two consecutive COVID-19 negative test results required to discharge an inmate from isolation);
C. All inmates who were in close contact with an inmate who has tested positive for COVID-19 or has COVID-19 symptoms (“COVID-19 Inmate”);
D. All inmates under quarantine, before their release from quarantine;
E. All inmates returning from civilian health care system visits or hospitalizations;
F. All inmates vulnerable to COVID-19, as determined by the CDC;
G. All staff who report or are determined to have COVID-19 symptoms; and
H. All asymptomatic staff identified as being exposed to COVID-19 through the contact tracing described in Section II, to extent such staff return to the MCC within two weeks of exposure.
II. Contact Tracing and Quarantine
2. The MCC shall identify close contacts of COVID-19 Inmates, or staff who have tested positive for COVID-19 or have COVID-19 symptoms (“COVID-19 Staff”), in accordance with CDC guidelines, within 2 days of the MCC’s discovery of a new COVID-19 Inmate or COVID-19 Staff.
3. The MCC shall promptly quarantine all inmates who have been in close contact with COVID-19 Inmates or COVID-19 Staff, in single cells where space permits.
4. The MCC shall record and preserve the results of each contact tracing investigation.
III. Symptoms Reporting, Monitoring, and Response:
5. Inmates shall be provided with the opportunity to report COVID-19 symptoms on at least a daily basis.
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6. The MCC shall record and preserve each COVID-19-related sick call request and response thereto.
7. Medical personnel shall evaluate all inmates who report or are determined to have COVID19 symptoms within 24 hours of the report or determination being made.
8. All inmates in a quarantine or isolation unit shall be evaluated for COVID-19 symptoms on a twice-daily basis.
9. All inmates in the general population shall be evaluated for COVID-19 symptoms on a twiceweekly basis. Should any inmate in the general population test positive, daily symptom screening shall be conducted for all inmates at the facility, until no inmate tests positive for COVID-19 for at least two consecutive weeks.
IV. Isolation and Treatment of COVID-19 Patients
10. All COVID-19 Inmates shall be isolated in single cells in a medically appropriate manner as soon as practicable, but in no event later than 12 hours from either a positive test result or awareness by medical personnel that an inmate has COVID-19 symptoms.
11. Isolation shall not occur in a setting normally used for punishment, such as the Special Housing Unit.
12. Medical monitoring, on a twice-daily basis, shall be conducted of all COVID-19 Inmates for the duration of their time in isolation.
13. All COVID-19 Inmates shall be provided with sufficient blankets and clean drinking water.
14. Counsel for, and one family member of, each COVID-19 Inmate shall be notified with 24 hours following an initial positive test result.
V. Masks and other Personal Protective Equipment (PPE)
15. All inmates shall promptly be provided, free of charge, with masks effective for preventing transmission of COVID-19.
a. If non-washable surgical masks are distributed, each inmate shall receive a minimum of five masks per week.
b. If washable cloth masks are distributed, each inmate shall receive a minimum of two properly fitting masks per week, and be provided adequate means to launder them or have them laundered.
16. All staff shall be required to wear N95 masks if they will be exposed to isolated or quarantined inmates, and surgical or cloth masks at all other times.
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VI. Sanitation and Hygiene
17. All inmates shall be promptly provided, free of charge, with adequate sanitation supplies, including soap, paper towels, toilet paper, facial tissue, and disinfectant products effective against COVID-19, including cleaning spray and/or disinfecting wipes that can be used on the shared telephones, computer terminals, sinks, toilets, and shower handles.
18. Each inmate shall have daily access to showers and weekly access to clean laundry.
19. A qualified professional cleaning service shall be promptly retained to clean and disinfect, on at least a weekly basis, all parts of the MCC where inmates are present.
VII. Overcrowding / Release
20. The inmate population of 11 South, and each tier on 11 South, shall be reduced to 50% of capacity as soon as practicable but in any event within 30 days.
21. All inmate requests for COVID-19-related compassionate release shall be decided within 14 days of receipt of the request. The results shall be reported to the Court and the Petitioners, indicating the inmates for whom the BOP will or will not seek compassionate release and, for those for whom it will not, the basis for not seeking compassionate release.
22. The MCC shall promptly adopt and implement a written policy (which shall be disclosed to Petitioners and the Court) that maximizes and accelerates the use of home confinement and residential re-entry center placements, consistent with the MCC’s legal authority, Attorney General Barr’s March 26, 2020 and April 3, 2020 directives, and BOP policies and guidance, and that takes into account the following:
a. the age and vulnerability of the inmate to COVID-19, in accordance with CDC guidelines;
b. the inmate’s prior criminal conduct shall not render the inmate ineligible;
c. a more than minimum PATTERN score shall not render the inmate ineligible;
d. the percentage of the inmate’s sentence served shall not render the inmate ineligible;
e. an inmate’s gang activity not while in jail or prison shall not render the inmate ineligible; and
f. other factors, consistent with the BOP’s exercise of home confinement and residential re-entry center release authority to the maximum extent possible under the relevant statutes, regulations and BOP policies and guidance.
23. The MCC shall promptly adopt and implement a written policy (which shall be disclosed to Petitioners and the Court) that maximizes and accelerates the use of furlough placements, consistent with the MCC’s legal authority and BOP policies and guidance.
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24. Sufficient staff shall be assigned to review, in an expeditious manner, inmates’ eligibility for compassionate release, as well as placements in home confinement, residential re-entry centers, and furlough.
25. The results of the foregoing policy adoptions and implementations shall be promptly reported to the Court and the Petitioners, indicating which inmates have and have not been released or recommended for release and, for those who have not, the basis for not releasing them or recommending them for release.
26. The MCC shall eliminate the 14-day pre-release quarantine requirement for inmates leaving the facility based on compassionate release, home confinement, residential re-entry center placement, or furlough, so long as the inmate has a place in which the inmate can safely quarantine and has tested negative for COVID-19.
VIII. Reporting and Monitoring
27. Reports shall be submitted to the Court and Petitioners, every 10 days, describing Respondent’s compliance with this Order, including but not limited to the following information:
a. number of inmates tested for COVID-19 and results of that testing;
b. number of staff tested for COVID-19 and results of that testing;
c. number of inmates who have reported COVID-19 symptoms or were found to have COVID-19 symptoms;
d. number of inmates in quarantine and in isolation and their respective locations within the facility;
e. information regarding sick calls, including the times elapsed between calls and subsequent visits by medical personnel;
f. information regarding PPE and hygiene supplies provided to inmates;
g. information regarding cleaning of the facility; and
h. number of inmates considered for release on home confinement, to residential reentry centers, on furlough or based on compassionate release, the results, and the basis for any denials.
28. The Court shall appoint an Independent Monitor to oversee implementation of the Court’s Order and to make recommendations to the Court regarding actions to be taken at the MCC to mitigate the risk of COVID-19 and to otherwise comply with the Order.
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Case 1:20-cv-03315-ER Document 50 Filed 05/26/20 Page 7 of 7 IX. Provisional Class Certification
1. The Court will conditionally certify the proposed class of MCC inmates or award class-wide relief under the Court’s general equity powers.
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Case 1:20-cv-03315-ER Document 52 Filed 05/26/20 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
v.
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)
DECLARATION OF ANDREW A. RUFFINO

ANDREW A. RUFFINO declares pursuant to 28 U.S.C. § 1746: 1. I am a partner at Covington & Burling LLP, counsel to the Petitioners in this action. 2. I make this declaration in order to put information before the Court in connection with Petitioners’ motion for preliminary injunctive relief. This declaration provides information supporting a finding that our firm will adequately prosecute the claims in this action on behalf of Petitioners and the proposed class in this matter, pursuant to Rules 23(a)(4) and 23(g) of the Federal Rules of Civil Procedure. This declaration is based on my personal knowledge and information in the possession of my firm. 3. Covington has frequently been recognized for its strong experience in and commitment to public interest litigation, including 10 times being ranked the number one pro bono practice in the U.S. by The American Lawyer. Law360 has honored Covington as a Pro Bono Firm of the Year for our work on a range of issues, including defending civil rights

Case 1:20-cv-03315-ER Document 52 Filed 05/26/20 Page 2 of 4
and combatting racial profiling, reforming the criminal justice system, and representing prisoners on death row.
4. The Covington team handling this matter includes partners with extensive experience litigating complex matters, including civil rights and prison-related cases.
5. Alan Vinegrad joined Covington after serving as the United States Attorney for the Eastern District of New York. He previously served as the office’s Chief Assistant U.S. Attorney, Chief of the Criminal Division, Deputy Chief of the Criminal Division, Chief of Civil Rights Litigation, and Chief of General Crimes. In addition to his executive and supervisory responsibilities, Mr. Vinegrad investigated and prosecuted numerous criminal cases, personally tried over a dozen cases, and argued over 20 cases before the United States Court of Appeals for the Second Circuit.
6. Mr. Vinegrad’s practice at Covington has focused on representing individuals, corporations, and corporate board committees in a wide variety of criminal and regulatory enforcement matters, as well as in complex civil litigation. He has represented numerous clients in connection with investigations and prosecutions by the U.S. Department of Justice, various U.S. Attorney’s Offices around the country, the Securities and Exchange Commission, the New York State Attorney General, and the Manhattan District Attorney’s Office. He has repeatedly been recognized by Chambers USA in its annual reports as a leading attorney in the areas of white collar crime and government investigations.
7. In 2019, Mr. Vinegrad received Covington’s Charles F. C. Ruff award for outstanding contributions in public interest litigation, based on his work alongside the Innocence Project representing a New Orleans man who was wrongly convicted by a state prosecutor’s office that had withheld exculpatory evidence at the time of trial.
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8. Arlo Devlin-Brown joined Covington after serving in the U.S. Attorney’s Office for the Southern District of New York as one of its leading securities fraud prosecutors and most recently as Chief of its Public Corruption Unit. In his role as Chief, Mr. Devlin-Brown supervised more than 20 prosecutors, criminal investigators, and other professionals responsible for investigating and prosecuting a wide range of domestic and foreign corruption offenses and cases involving fraud against the government.
9. Prior to being promoted to Chief, Mr. Devlin-Brown served as an Assistant U.S. Attorney in the Southern District’s Securities and Commodities Fraud Unit. Mr. Devlin-Brown also handled a wide range of other matters during his tenure in the Southern District, including significant cybercrime, money laundering, and health care fraud matters. He spearheaded the Department of Justice’s principal enforcement action involving the internet gambling industry. During his tenure in the Southern District, Mr. Devlin-Brown tried 12 cases to verdict and briefed and/or argued 15 appeals to the Second Circuit.
10. At Covington, Mr. Devlin-Brown focuses on representing individuals and companies in sensitive government investigations and enforcement actions, with particular emphasis on securities fraud, anti-money laundering, and corruption matters. He has also undertaken pro bono representations involving inmate challenges to prison disciplinary actions, criminal sentencing proceedings, and sentence commutation applications.
11. My practice focuses on representing financial institutions and other corporate clients in complex litigation involving antitrust and securities law, banking regulations, business torts, and corporate governance issues. I have extensive experience in class action litigation, and I have served as counsel to court-appointed fiduciaries in S.E.C. enforcement proceedings. My recent pro bono litigation matters have included a habeas petition addressing
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Case 1:20-cv-03315-ER Document 52 Filed 05/26/20 Page 4 of 4 issues raised by prison disciplinary proceedings, and an appellate amicus brief addressing family law issues in the immigration detention setting.
12. Covington has committed sufficient resources to the prosecution of this important matter. The partners identified above have been assisted on this case by a team of talented junior lawyers – associates as well as certain law clerks awaiting formal admission to the bar – working under our supervision. This team includes Gavin Bosch, John Fraser, Ishita Kala, Adam Margulies, Ryan Partelow, Katri Stanley, and Timothy Sprague. Biographical information for most of these individuals is available at www.cov.com.
I declare under penalty of perjury that the foregoing is true and correct. Executed at Summit, New Jersey this 26th day of May 2020.
_________________ Andrew A. Ruffino
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Case 1:20-cv-03315-ER Document 53 Filed 05/26/20 Page 1 of 39

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)

MEMORANDUM OF LAW IN SUPPORT OF PETITIONERS’ MOTION FOR A PRELIMINARY INJUNCTION

COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 Tel: (212) 841-1000
Attorneys for Petitioners

Case 1:20-cv-03315-ER Document 53 Filed 05/26/20 Page 2 of 39
TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1 FACTUAL BACKGROUND ......................................................................................................... 4 I. The MCC’s Admitted Failure to Prepare for the COVID-19 Pandemic ............................ 4 II. The MCC’s Inhumane Handling of the Initial Outbreak .................................................... 6 III. The MCC’s Failure to Reduce Overcrowding Through Home Confinement and
Other Methods .................................................................................................................. 11 IV. The MCC's Continuing Indifference to the COVID-19 Threat ........................................ 14 ARGUMENT ................................................................................................................................ 18 I. The Court Should Grant Preliminary Injunctive Relief Remedying the COVID-19
Crisis at the MCC.............................................................................................................. 18 A. Petitioners Are Likely to Succeed on the Merits .................................................. 19 B. Petitioners Face Irreparable Harm if Relief Is Not Granted ................................. 24 C. The Equities and Public Interest Weigh in Favor of Relief .................................. 25 II. The Court Should Conditionally Certify the Proposed Class ........................................... 28 CONCLUSION............................................................................................................................. 30

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Case 1:20-cv-03315-ER Document 53 Filed 05/26/20 Page 4 of 39

TABLE OF AUTHORITIES

Cases

Page(s)

A.T. v. Harder, 298 F.Supp.3d 391 (N.D.N.Y. 2018) .......................................................................................28

Baffa v. Donaldson, Lufkin & Jenrette Sec. Corp., 222 F.3d 52 (2d Cir. 2000).......................................................................................................30

Basank v. Decker, No. 20 Civ. 2518 (AT), 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020) ......................19, 24, 25

Brown v. Plata, 563 U.S. 493 (2011).................................................................................................................18

Butler v. Suffolk Cty., 289 F.R.D. 80 (E.D.N.Y. 2013) ...............................................................................................29

C.D.S., Inc. v. Bradley Zetler, CDS, LLC, No. 16 Civ. 3199 (VM), 2016 WL 3522197 (S.D.N.Y. June 15, 2016)..................................27

Cameron v. Bouchard, 20 Civ. 10949, 2020 WL 1929876 (E.D. Mich. Apr. 17, 2020) ..............................................28

Clarkson v. Coughlin, 783 F. Supp. 789 (S.D.N.Y. 1992)...........................................................................................29

Conn. Dep’t of Envtl. Prot. v. OSHA, 356 F.3d 226 (2d Cir. 2004).....................................................................................................24

Consol. Rail Corp. v. Town of Hyde Park 47 F.3d 473 (2d Cir. 1995).................................................................................................28, 29

Coronel v. Decker, No. 20 Civ. 2472, 2020 WL 1487274 (S.D.N.Y. Mar. 27, 2020) ...........................................25

Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017).................................................................................................19, 20

Denney v. Deutsche Bank AG, 443 F.3d 253 (2d Cir. 2006).....................................................................................................30

Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017) ...................................................................................................25

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Farmer v. Brennan, 511 U.S. 825 (1994)...........................................................................................................19, 20
Feliciano v. Gonzales, 13 F. Supp. 2d 151 (D.P.R. 1998)............................................................................................23
Grand River Enters. Six Nations, Ltd. v. Pryor, 425 F.3d 158 (2d Cir. 2005).....................................................................................................25
Helling v. McKinney, 509 U.S. 25 (1993)...................................................................................................................25
Hernandez v. Cty. of Monterey, 110 F. Supp. 3d 929 (N.D. Cal. 2015) .....................................................................................23
Inmates of Attica Corr. Facility v. Rockefeller, 453 F.2d 12 (2d Cir. 1971).................................................................................................27, 29
Innovative Health Sys., Inc. v. City of White Plains, 117 F.3d 37 (2d Cir. 1997).......................................................................................................25
Johnson v. Nextel Commc’ns Inc., 780 F.3d 128 (2d Cir. 2015).....................................................................................................29
Jolly v. Coughlin, 76 F.3d 468 (2d Cir. 1996).................................................................................................19, 24
JSG Trading Corp. v. Tray-Wrap, Inc., 917 F.2d 75 (2d Cir. 1990).......................................................................................................24
Ligon v. City of New York, 925 F. Supp. 2d 478 (S.D.N.Y. 2013)......................................................................................28
Litwin v. OceanFreight, Inc., 865 F. Supp. 2d 385 (S.D.N.Y. 2011)......................................................................................18
N.Y. State Nat. Org. For Women v. Terry, 697 F. Supp. 1324 (S.D.N.Y. 1988).........................................................................................28
Nicholson v. Williams, 205 F.R.D. 92 (E.D.N.Y. 2001) ...............................................................................................29
Rivas v. Jennings, 20 Civ. 02731 (VC), 2020 WL 2059848 (N.D. Cal. Apr. 29, 2020) .......................................28
Robidoux v. Celani, 987 F.2d 931 (2d Cir. 1993).....................................................................................................29
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Shimon v. Dep’t of Corr. Servs. for N.Y., No. 93 Civ. 3144 (DC), 1996 WL 15688 (S.D.N.Y. Jan. 17, 1996)........................................23
Swain v. Junior, 2020 WL 1692668 (S.D. Fla. Apr. 7, 2020) ............................................................................28
Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011)...........................................................................................................29, 30
Wilson v. Williams, No. 4:20-CV-00794, 2020 WL 1940882 (N.D. Ohio Apr. 22, 2020) ............................. passim
Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008).....................................................................................................................18
Other Authorities Fifth Amendment ...............................................................................................................19, 20, 23 Eighth Amendment ............................................................................................................18, 20, 29 Rule 23 ...............................................................................................................................28, 29, 30
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INTRODUCTION A month after the initiation of this litigation, the MCC’s response to the ongoing COVID19 pandemic remains grossly deficient. The intolerable conditions that gave rise to an initial outbreak that sickened an estimated 75 to 150 inmates persist, posing a clear and present danger to inmates and staff alike.1 The Court granted Respondent an opportunity to demonstrate through discovery that the MCC had put its inexcusable failure to tackle COVID-19 behind it. The voluminous record compiled since then reveals the opposite—the MCC continues to fall short of the minimum fundamental health standards our Constitution requires. The discovery also demonstrates something equally disturbing: many of the claims made by the MCC in its May 1, 2020 letter aiming to stave off this Court’s intervention were false or misleading.2 The MCC claimed that “[a]ll inmates” who were “suspected of being infected” with COVID-19 were “placed in a separate isolation ward.”3 That was false. Sworn statements from 33 inmates4 submitted with this application establish that scores of clearly symptomatic inmates were left untreated in their cells and open dorms, their requests for testing and treatment simply ignored. The MCC insisted that sick inmates were not housed in “the Special Housing Unit used to house certain-high security detainees” but in “an ordinary housing unit with 1–2 inmates per cell that has been set aside for this purpose.”5 But the MCC’s own records reflect that five sick inmates were sent to the punitive Special Housing Unit (“SHU”),6 with the Warden testifying in
1 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶¶ 56–57, 66). 2 See ECF No. 23 (May 1 Letter to Court). 3 Id. at 3. 4 Given his release and withdrawal from the action, Petitioners do not rely on the Declaration of Jonathan Medina, previously filed as ECF No. 13. 5 Id. 6 See Kala Decl. Ex. 32 (Quarantine Isolation Flowchart, MCC0197).
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her deposition that using the SHU to house the sick was “easiest.”7 The MCC claimed that inmates “will be removed from isolation” only after not one but two negative test results.8 But there is no evidence that the MCC has ever tested sick inmates prior to releasing them from isolation. The MCC asserted that inmates receive daily “symptom screening” and that “[w]henever a staff member tests positive for coronavirus, contact tracing is done.”9 Eleven inmates deny the former; the MCC’s own Medical Director denies the latter.10
The reality that the MCC tried to obscure from this Court is ugly. MCC staff admitted in depositions that no preparations whatsoever were made for COVID-19 until the latter part of March,11 just as COVID-19 was ripping through the 11 South unit, where the MCC had— inexplicably—decided to house its most vulnerable inmates in jam-packed, filthy, vermin-infested, 26-person dormitories, with inmates sharing a single bathroom and sleeping within spitting distance of each other. Some of the sick inmates were sent to the SHU, where they shivered through their fevers on concrete beds, while their pleas for blankets and clean drinking water were ignored.12 Most were left on 11 South to suffer and spread the virus, their repeated calls for medical help left unanswered. Many inmates were severely sickened. Some were hospitalized. It is a small miracle no one died.
The most disturbing thing about the initial COVID-19 outbreak is what the MCC has learned from it: precious little. Overcrowding was a major cause of the spread of the outbreak.
7 Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 63:16–21). 8 ECF No. 23, at 4 (May 1 Letter to Court). 9 ECF No. 23, at 4–5 (May 1 Letter to Court). 10 See Summary of Inmate Declarant Evidence, Appendix A; Kala Decl. Ex. 1 (Beaudouin Dep. Tr. at 117:14–25). 11 Kala Decl. Ex. 2 (Edge Dep. Tr., at 22:8–21); see also Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 19:15–18; 22:8–13). 12 See Summary of Inmate Declarant Evidence, Appendix A; Devlin-Brown Decl. Ex. 31 (Sucich Decl. ¶ 10) (“I lost my taste and smell for several days and I was shivering and convulsing with fever.”).
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Yet in April, Warden Licon-Vitale ordered MCC unit staff—in particular, those responsible for executing the Attorney General’s emergency directive to “immediately maximize appropriate transfers to home confinement”13—to instead drop their assignments and stand duty as guards, bringing the release evaluation process to a halt.14 The MCC also failed to fix its shockingly defective sick call system, which included an electronic mailbox that inmates were instructed to use to report COVID-19 symptoms—reports that the MCC’s Chief Medical Officer admitted did not receive responses for weeks or even months, when they were read at all.15 And while the MCC still inexplicably struggles to test inmates (its latest excuse involves the need to buy a printer),16 it has decreased screening for COVID-19 symptoms, which even at its peak consisted of little more than a temperature check, even though many with COVID-19 never have a fever.17 Even the exceedingly simple task of getting the inmates soap seems to be beyond the institution’s wherewithal; 21 inmates have submitted sworn declarations that there is not enough.18
No doubt the MCC will respond to this application, as it did to the initial TRO filing, with vague assurances that things are not so bad and sure to get better. But the lie has been put to the MCC’s May 1 letter, and whatever leeway Respondent may think the MCC is entitled to is clearly not deserved. The reality is that the limited and tenuous steps the MCC has taken to improve conditions have come only after the filing of this lawsuit, with the MCC resisting transparency and oversight along the way.
13 Kala Decl. Ex. 22 (April 3 A.G. Barr Memo). 14 Kala Decl. Ex. 2 (Edge Dep. Tr., at 153:11–154:25, 155:2–5). 15 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 259:5–262:4). In fact, the earliest response to sick call requests made starting March 1 was on May 5. Kala Decl. Ex. 36 (Sick Call Requests). 16 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 188:19–189:5, ___). 17 Devlin-Brown Decl. Ex. 33 (Turner Decl. ¶ 13); Devlin-Brown Decl. Ex. 31 (Sucich Decl. ¶ 9); Kala Decl. Ex. 5 (Hatcher Dep. Tr., at 25: 13–21; 28: 1–4; 39:10–15). 18 See Summary of Inmate Declarant Evidence, Appendix A.
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The health and safety of the MCC's inmate population—and the staff working in the institution every day—can only be assured if the Court directs the MCC to comply with the measured but vital steps sought by Petitioners, which in many cases amount to no more than a directive that the MCC comply with BOP’s own policies. Accordingly, the Court should grant preliminary injunctive relief, as described in Appendix A of the accompanying Notice of Motion.
FACTUAL BACKGROUND In recent weeks, discovery has included the production of roughly 6,000 pages of documents, nine depositions, over 30 declarations, and an on-site inspection of the MCC by an experienced correctional epidemiologist, Dr. Homer Venters. This evidence reveals overwhelmingly that the MCC’s response to COVID-19 is, if anything, even more deficient than what was previously known. I. The MCC’s Admitted Failure to Prepare for the COVID-19 Pandemic The MCC knew of the potential risks posed by the COVID-19 pandemic nearly two months before its first inmate became sick, yet did virtually nothing to prepare for it. As early as January 31, 2020, when the virus spread beyond China, the BOP provided guidance to all field clinical personnel on how to respond and issued additional guidance a month later, on February 29.19 The February guidance included specific recommendations that prisons prepare for the impending pandemic by “screening all new inmate admissions” for COVID-19, having a “readily available” supply of masks and other personal protective equipment (“PPE”), and meeting with staff to determine isolation and quarantine procedures.20
19 Kala Decl. Ex. 24 (Feb. 29 BOP Memo). 20 Kala Decl. Ex. 24 (Feb. 29 BOP Memo).
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Despite two rounds of official guidance, by March 1, the MCC had done nothing to plan for the virus.21 On March 4, Chief Judge Colleen McMahon convened a meeting with Respondent and representatives of the U.S. Attorney’s Office and the Federal Defenders to discuss the MCC’s COVID-19 response.22 Respondent admitted that neither she nor her executive team—consisting of Respondent herself, the Associate Wardens, Executive Assistant, Captain, Psychologist, and at times members of the medical staff23—had begun planning for COVID-19.24
As the number of confirmed COVID-19 cases in New York City began accelerating rapidly on a daily basis, Respondent’s inaction continued. On March 12, at a special meeting with the SDNY Criminal Justice Advisory Board, Respondent again admitted that the MCC had taken no real steps to prepare for the virus. Among its failings: the MCC had (1) no testing protocol and didn’t plan to create one; (2) no test kits and no plans to obtain any; (3) no plan in place for isolating COVID-19-positive inmates; and (4) no immediate plans to create one.25 In fact, by Associate Warden Edge’s own admission, the MCC did not begin “any type of planning to address a potential outbreak of COVID-19” until the “latter part of March.”26 On March 20, the MCC again reported
21 See Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 15:11–14) (Q: “[H]ad anything been done as of March 1st to plan for COVID-19?” A: “Not that I’m aware of.”). 22 See ECF No. 7 (von Dornum Decl. ¶ 6). 23 See Kala Decl. Ex. 2 (Edge Dep. Tr., at 92:11–20). 24 Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 15:11–14). 25 See ECF No. 7 (von Dornum Decl. ¶ 10); see also Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 19:15–18) (Q: “As of the middle of March, was there any testing protocol in place at that time?” A: “There was no testing protocol in place at the institution.”); Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 19: 21–25) (Q: “As of the middle of March, did the MCC have any testing equipment within the facility?” A: “I don’t believe we had any tests available.”); Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 22:8–13) (Q: “As of the middle of March, did the MCC know where it was going to place inmates who were symptomatic for COVID-19 but had not yet tested positive?” A: “I can’t say that we knew at that date where we were going to place them.”); Kala Decl. Ex. 2 (Edge Dep. Tr., at 38:18–21) (Q: “Did you have any protocol in place for how, if at all, you would test inmates prior March 15th?” A: “Not that I’m aware of.”). 26 Kala Decl. Ex. 2 (Edge Dep. Tr., at 22:8–21).
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to the Court on the pitiful state of its preparation: for nearly 800 inmates and 200 staff, it had only 30 N-95 masks and 100 surgical masks.27
Three days later, an inmate who had been suffering COVID-19 symptoms for days became so ill he was taken to a hospital, where he tested positive for the virus.28 The pandemic had hit a jail that had done almost nothing whatsoever to prepare for it, despite the fact that its arrival was known to be well-nigh inevitable for almost two months. II. The MCC’s Inhumane Handling of the Initial Outbreak
The MCC’s response to this late-March outbreak was as ill-conceived as it was inhumane. The MCC decided to “treat” those suffering from the disease by locking them in cold cells on bare concrete beds built to contain 9/11 terrorists. The first inmate who tested positive for COVID-19 on March 23 was placed in a cell on Tier G of the Special Housing Unit (“SHU”),29 depicted in photographs taken during the Court-ordered inspection.30 In the coming days, he was joined by 4 other inmates.31 The accounts of those sent to suffer the virus there are truly harrowing.32 Vinicius Andrade, for example, was placed in the SHU with a high fever, and left “on the concrete shaking” with “no sheets or blanket or pillow.”33 He coughed constantly for 5 days, but “no one ever checked [his] chest or lungs.”34 Another COVID-19 sufferer, Antonio Smith, was left in the SHU while his “eyes were swollen and tearing,” with a nose that “would not stop running,” a cough that produced a “clear sticky substance,” no “sense of taste” or appetite, and constant sweating.35 By
27 Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 24:9–25:2); ECF No. 7 (von Dornum Decl. ¶ 15). 28 ECF No. 7 (von Dornum Decl. ¶¶ 17–18); Kala Decl. Ex. 26 (Mar. 25 Memo to Staff re First Positive). 29 See Kala Decl. Ex. 26 (Mar. 25 Memo to MCC Staff on Positive Case). 30 See Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 18); Kala Decl. Ex. 15 (photo of SHU bed). 31 See Kala Decl. Ex. 32 (Quarantine Isolation Flowchart, MCC0197). 32 See Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶¶ 49–53). 33 Devlin-Brown Decl. Ex. 6 (Andrade Decl. ¶ 6). 34 Devlin-Brown Decl. Ex. 6 (Andrade Decl. ¶ 8). 35 Devlin-Brown Decl. Ex. 29 (Smith Decl. ¶ 8).
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the time Mr. Smith’s illness ran its course—with no intervention from the MCC for weeks—he “lost approximately 36 pounds.”36
Warden Licon-Vitale’s explanation that the SHU was “the easiest place to make . . . available” for isolating the ill demonstrates a startling disregard for the inmates sent there.37 Associate Warden Edge asserts she was not aware of any discussion among the executive staff as to whether the SHU units were “medically appropriate” for those suffering from COVID-19.38 This is stunning, as there can be no question that inmates suffering high fevers and other severe symptoms of the disease do not belong on cold, concrete slabs. As Dr. Venters writes, “[t]hese [SHU] housing units, including concrete beds . . ., are grossly inappropriate for the treatment of any ill inmates, and particularly those suffering from COVID-19.”39
Before going to the hospital and then the SHU, the first inmate who tested positive for COVID-19 was housed on 11 South, an open dormitory unit where five groups of around 26 inmates apiece sleep on bunk beds separated by three feet, share a single toilet and two sinks, and eat at common tables.40 In defiance of all sound medical judgment (including that of Dr. Venters),41 the MCC decided to house those patients most vulnerable to the disease together in a
36 Devlin-Brown Decl. Ex. 29 (Smith Decl. ¶ 8). 37 Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 63: 18–21). 38 Kala Decl. Ex. 2 (Edge Dep. Tr., at 49:7–20) 39 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 49). 40 See Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 17); Kala Decl. Exs. 10–11 (Photos of 11 South); Kala Decl. Ex. 25 (Rog Response Number 5); Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr. at 69:20–70:2); DevlinBrown Decl. Ex. 9 (Bourgoin Decl. ¶ 3); Devlin-Brown Decl. Ex. 31 (Sucich Decl. ¶ 6). 41 See Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 68) (“[T]he benefits of cohorting are poorly served by quarantining vulnerable persons in close quarters, particularly when inmates and staff that are not regularly tested for COVID-19 are introduced to the unit.”).
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large group in 11 South's cramped quarters, a setting where it would almost surely spread among them.42
Once COVID-19 broke out in a 26-person tier on 11 South, the standard of care was (and certainly should have been) clear: inmates in close contact to the positive case (presumably the 25 remaining inmates in the tier, at a minimum) should have been separately quarantined in single cells and monitored for symptoms, limiting the further spread of the virus.43 That did not happen. The MCC simply left the other approximately 120 inmates on 11 South in open dormitories,44 without any additional protections. No additional hygiene supplies were provided, leaving inmates short of soap.45 Common areas were not disinfected.46 And masks that could have slowed transmission were not available to inmates until weeks after the outbreak.47 On top of that, the MCC did not provide inmates on 11 South with any laundry service from the end of February through the beginning of May; instead, they were forced to reuse the same dirty bed sheets and clothing for over two months.48
42 Kala Decl. Ex. 2 (Edge Dep. Tr., at 164:4–165:23); Kala Decl. Ex. 6 (Hazelwood Dep. Tr., at 57:7–11); Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 84–85; 181:6–12); Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 69:4–19). 43 See Kala Decl. Ex. 20 (March 23 CDC Guidance for Correctional Facilities). 44 Kala Decl. Exs. 2 (Edge Dep. Tr., at 53:22–54:12); 7 (Licon-Vitale Tr., at 69:4–70:2; 71:14–16); 1 (Beaudoin Dep. Tr., at 207:15–22); 6 (Hazelwood Dep. Tr., at 41:19–42:9); 25 (Rog Response Number 5). 45 Devlin-Brown Decl. Ex. 5 (Woodson Decl. ¶ 9); Devlin-Brown Decl. Ex. 12 (Crosby Decl. ¶ 19); DevlinBrown Decl. Ex. 9 (Bourgoin Decl. ¶ 9); Devlin-Brown Decl. Ex. 28 (Schiliro Decl. ¶ 11). 46 Kala Decl. Ex. 28 (emails to Executive Assistant mailbox, MCC 1149); Devlin-Brown Decl. Ex. 31 (Sucich Decl. ¶ 13); Devlin-Brown Decl. Ex. 9 (Bourgoin Decl. ¶ 9); Devlin-Brown Decl. Ex. 10 (Bradley Decl. ¶ 8). 47 Devlin-Brown Decl. Ex. 12 (Crosby Decl. ¶ 5); Devlin-Brown Decl. Ex. 9 (Bourgoin Decl. ¶ 13; DevlinBrown Decl. Ex. 31 (Sucich Decl. ¶ 13). 48 Devlin-Brown Decl. Ex. 20 (Griffin Decl. ¶ 14); see also Kala Decl. Ex. 27 (emails to Associate Warden Operations mailbox, MCC 1131); Kala Decl. Ex. 28 (emails to Executive Assistant mailbox, MCC 1149).
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These conditions ensured that the virus would spread through 11 South, which it quickly did. Shortly after 11 South was “quarantined,”49 many inmates experienced severe symptoms characteristic of COVID-19, including high fevers and coughs, while only a handful were removed to isolation.50 For instance, Anthony Luna “could barely breathe, had severe body aches and heavy sweating” and reported that [s]ome inmates couldn’t even get out of bed for 2 or 3 days at a time.”51 Rodney Griffin “experienced coughing, achiness in [his] body, chills and sweating. [He] was unable to get out of bed and had no appetite.”52 Chris Karimbux “was shaking,” his “whole body was in pain,” he had a 105 degree fever, and he “lost [his] sense of smell.”53 Joseph Schiliro had a cough, chills, and fainted twice in one night.54 Indeed, a total of 14 inmates from 11 South have submitted sworn declarations describing the suffering they or their dorm-mates endured from the symptoms of COVID-19.
The inmates on 11 South became increasingly fearful as the virus spread. As one inmate recalled, “the level of anxiety was palpable and ever increasing,” with more and more inmates developing coughs and other symptoms.55 Nevertheless, some inmates were also reluctant to report their symptoms for fear of being sent to the SHU, and perhaps dying alone there.56 Those
49 Even this “quarantine” was hardly air-tight. New inmates were introduced to 11 South even while disease was spreading in the unit. See e.g., Devlin-Brown Decl. Ex. 29 (Smith Decl. ¶ 8); Devlin-Brown Decl. Ex. 31 (Sucich Decl. ¶¶ 6–8). 50 Kala Decl. Ex. 32 (Quarantine Isolation Flowsheet, MCC 0197). 51 Devlin-Brown Decl. Ex. 22 (Luna Decl. ¶ 7). 52 Devlin-Brown Decl. Ex. 20 (Griffin Decl. ¶ 11); see also Devlin-Brown Decl. Ex. 10 (Bradley Decl. ¶ 16) (“I am very afraid that I will get sick and die in this facility.”). 53 Devlin-Brown Decl. Ex. 21 (Karimbux Decl. ¶ 4). 54 Devlin-Brown Decl. Ex. 28 (Schiliro Decl. ¶ 11). 55 Devlin-Brown Decl. Ex. 34 (Zegarra-Martinez Decl. ¶ 18). 56 Devlin-Brown Decl. Ex. 6 (Andrade Decl. ¶ 12); see also Kala Decl. Ex. 8 (Sucich Dep. Tr., at 23:19– 24:8) (After attempting to report his own symptoms, Mr. Sucich was told by staff that “we were worthless, and that we were left there to die.”).
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who did report their symptoms were ignored.57 As Franklyn Dansowah put it: “When the medical staff started coming around taking temperatures, they did not care if people had other symptoms— cough, chills, diarrhea. They just left them in bed unless they had a fever.”58 Another inmate similarly said that “[w]hen someone is sick [at the MCC] nothing happens.”59 Yet another inmate was “constantly coughing and . . . [had] a pain in [his] chest like someone was sticking [him] with needles,” but “never saw a doctor or a nurse during that time and didn’t get any treatment or medicine.”60 Inmates who were “extremely weak, could barely eat or get out of bed,” and “coughed through the night and complained of difficulty breathing” were simply told to lie down.61 These are not isolated reports: 15 inmates housed on 11 South have stated in sworn declarations and/or in statements to Dr. Venters that sick call requests and other pleas for medical care during the outbreak were simply ignored.62
The virus inevitably spread to every other unit of the facility, as the MCC’s Medical Director, Dr. Beaudouin, himself acknowledged.63 Michael Falu, for example, reported that on 7 South, he, his cellmate, and “many other people in [his] unit were sick.”64 Armando Beniquez on 11 North stated that “[his] whole tier caught the virus.”65 The virus also spread to the women’s unit on 2. Tiffany Days reported that, after she became sick herself at the end of March, “at least
57 See, e.g., Devlin-Brown Decl. Ex. 8 (Beniquez Decl. ¶ 7). 58 Devlin-Brown Decl. Ex. 13 (Dansowah Decl. ¶ 9). 59 Devlin-Brown Decl. Ex. 27 (Roberts Decl. ¶ 18); see also Devlin-Brown Decl. Ex. 22 (Luna Decl. ¶ 9). 60 Devlin-Brown Decl. Ex. 19 (Garcia Decl. ¶ 12). 61 Devlin-Brown Decl. Ex. 20 (Griffin Decl. ¶ 12); see also Devlin-Brown Decl. Ex. 22 (Luna Decl. ¶ 7) (“The only way to get seen by a doctor at the MCC is when something dramatic happens, like someone passing out.”). 62 See, e.g., Summary of Inmate Declarant Evidence, Appendix A (listing declarants who identify failure to provide medical call after a sick call or other request, including declarants from 11 South); see generally Devlin-Brown Decl. Ex. 1 (Venters Decl.) 63 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 186:21–187:3). 64 Devlin-Brown Decl. Ex. 17 (Falu Decl. ¶¶ 5–6). 65 Devlin-Brown Decl. Ex. 8 (Beniquez Decl. ¶ 6).
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ten other women in [her] unit” were not feeling well; upon taking her elevated temperature the nurse called the doctor and said, “[w]e have another one.”66 All told, counsel’s review of inmate declarations, depositions, sick call requests, housing charts, and the quarantine flowsheet indicates that between 75 and 150 inmates have been symptomatic for COVID-19. While 46 staff have tested positive,67 the true number of positive inmates will never be known because of the MCC’s failure to administer tests.68 Nevertheless, it cannot be any clearer that the MCC’s complete mismanagement of the outbreak on 11 South allowed the virus to spread throughout the entire facility, risking the lives of staff and inmates alike, including 205 inmates the MCC itself designated as highly vulnerable to COVID-19. III. The MCC’s Failure to Reduce Overcrowding Through Home Confinement and Other
Methods On March 26, as the COVID-19 virus was spreading through the packed conditions on 11 South and into the rest of the overcrowded jail,69 Attorney General Barr directed the BOP to prioritize efforts to reduce prison populations.70 The explicit goal of this directive was to “decrease the risks” to inmate health by removing medically vulnerable prisoners and increasing social distancing—in other words, to remedy the exact sort of conditions that led to the outbreak at the
66 Devlin-Brown Decl. Ex. 15 (Days Decl. ¶ 5). 67 Kala Decl. Ex. 23 (May 26, 2020 Letter from MDC and MCC Wardens to Chief Judge Roslynn Mauskopf). 68 See, e.g., Devlin-Brown Decl. Ex. 22 (Luna Decl. ¶ 8); Devlin-Brown Decl. Ex. 19 (Garcia Decl. ¶ 15); see also Devlin-Brown Decl. Ex. 19 (Garcia Decl. ¶ 8); see also Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 171:8–16) (citing lack of inmate testing to explain the discrepancy between the percentage of confirmed staff and inmate COVID-19 positives). 69 The MCC currently houses approximately 700 inmates, a number far in excess of its capacity of 474. See ECF No. 7 (von Dornum Decl. ¶ 31); Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 71:14–18); Kala Decl. Ex. 2 (Edge Dep. Tr., at 52:13–23). 70 Kala Decl. Ex. 21 (Mar. 26 A.G. Barr Memo).
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MCC.71 While the Attorney General’s message came at a time when the need for the MCC to follow it could not be any more urgent or apparent, the MCC proceeded to do the opposite.
Specifically, the March 26 Memo directed the BOP to reduce prison populations by transferring inmates to home confinement after considering “the totality of circumstances,” including factors such as the “age and vulnerability of the inmate to COVID-19.”72 A week later, the Attorney General sent a second memorandum that further expanded the number of inmates eligible for home confinement and directed the BOP to “give priority in implementing these new standards to the most vulnerable inmates.”73 Importantly, the BOP was directed to “immediately review all inmates who have COVID-19 risk factors” and to “include all at-risk inmates—not only those who were previously eligible for transfer.”74 For all inmates deemed suitable for home confinement, the BOP was to “immediately process . . . and then immediately transfer them.”75 Lest there by any doubt, the Attorney General punctuated his directive by emphasizing that “time is of the essence.”76
The MCC was fully aware of these directives77 and, from the outbreak on 11 South, the human costs of not following them. And yet, rather than respond with urgency, the MCC
71 Kala Decl. Ex. 21 (Mar. 26 A.G. Barr Memo). 72 Kala Decl. Ex. 21 (Mar. 26 A.G. Barr Memo). 73 Kala Decl. Ex. 22 (April 3 A.G. Barr Memo). 74 Kala Decl. Ex. 22 (April 3 A.G. Barr Memo) (emphasis added). 75 Kala Decl. Ex. 22 (April 3 A.G. Barr Memo) (emphasis added). In addition, the BOP central office sent further guidance on potential avenues of release to the facilities under its jurisdiction on no fewer than four occasions, again emphasizing that “it ha[d] become imperative to review at-risk inmates for placement on home confinement” and that “[t]he current pandemic is considered an urgent situation that may warrant an emergency furlough.” Kala Decl. Ex. 33 (April 22 BOP Memo re Home Confinement); Kala Decl. Ex. 34 (April 15 BOP Memo re Furlough and Home Confinement Additional Guidance); Kala Decl. Ex. 38 (April 3 BOP Memo re Home Confinement); Kala Decl. Ex. 39 (May 8 BOP Memo re Home Confinement). 76 Kala Decl. Ex. 22 (April 3 A.G. Barr Memo). 77 See Kala Decl. Exs. 7 (Licon-Vitale Dep. Tr., at 96:20–98:21); 2 (Edge Dep. Tr., at 143: 15–23); 6 (Hazelwood Dep. Tr., at 57:23–25; 58:1–19).
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responded with indifference. Instead of prioritizing the review requests for home confinement, compassionate release, or furlough, the MCC reassigned all of the case managers who would normally review such requests away from those responsibilities, effective April 5.78 As a result, Associate Warden Edge—responsible for reviewing and approving home confinement recommendations made by the case managers—could not comply with the Attorney General's directives.79 Edge specifically raised her concerns with Respondent, and later Acting Warden Hazelwood, urging that the case managers did not need to be reassigned to cover custody duty.80 Yet the full case management team was not moved back to their regular work until April 26, three weeks later.81 From April 9 to April 24, while acting as warden of the facility, Mr. Hazelwood did not recommend a single inmate for home confinement and only vaguely recalls even receiving any home confinement reviews for his approval.82
The reassignment of critical personnel also created a backlog with respect to compassionate release applications.83 Since the onset of the COVID-19 pandemic, the MCC has received almost 70 of these applications.84 Yet during his time at the helm when Respondent was herself out of work due to COVID-19, Acting Warden Hazelwood could not recall receiving a single compassionate release application.85 Ultimately, the MCC did not finish reviewing these
78 Kala Decl. Ex. 2 (Edge Dep. Tr., at 153:11–154:25, 155:2–5). 79 Kala Decl. Ex. 2 (Edge Dep. Tr., at 160:2–14). 80 Kala Decl. Ex. 2 (Edge Dep. Tr., at 153:9–19, 156:17–159:25). 81 Kala Decl. Ex. 2 (Edge Dep. Tr., at 162: 22–25); Kala Decl. Ex. 6 (Hazelwood Dep. Tr., at 67:17–68:2); Kala Decl. Ex. 35 (email from Associate Warden Edge re Return to Unit Team). 82 Kala Decl. Ex. 6 (Hazelwood Dep. Tr., at 71:12–25; 72:1–13). 83 Kala Decl. Ex. 2 (Edge Dep. Tr., at 138:20–139:14). 84 Kala Decl. Ex. 40 (Compassionate Release, MCC1923); see ECF No. 23, at 7 (May 1 Letter to Court). 85 Kala Decl. Ex. 6 (Hazelwood Dep. Tr., at 77:5–8).
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applications until around May 14, and only upon Court order.86 The MCC did not support a single one of these requests.87
The MCC has similarly ignored furloughs as a tool to address COVID-19. Neither Respondent nor Acting Warden Hazelwood has considered even a single furlough request since the onset of the crisis, despite the fact that BOP’s central office made clear that the COVID-19 pandemic was an “urgent situation” justifying the MCC’s use of its “emergency furlough” authority in response.88 IV. The MCC's Continuing Indifference to the COVID-19 Threat
Even today, two months after the initial outbreak of COVID-19 at the MCC, the facility still is not implementing basic, common-sense measures necessary to protect inmates’ health and safety.
First, at a time when the ability to respond to inmate sick calls is paramount, the MCC still lacks a functioning sick-call system.89 Numerous sick calls are simply going unanswered, even when inmates report serious symptoms.90 In one case, an inmate submitted a sick call on April 16 describing shortness of breath and chest pains, yet did not receive a response until May 5, three weeks later.91 In another example, the MCC waited six weeks to respond to an inmate who complained of fever and coughing on March 15.92 Another inmate described having a high fever, “shaking[,]” feeling like his “whole body was in pain” and losing his sense of smell; he “sent
86 See Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 146:8–147:1). 87 Kala Decl. Exs. 7 (Licon-Vitale Dep. Tr., at 142:13–18; 146:8–147:1); 2 (Edge Dep. Tr., at 134: 5–17). 88 Kala Decl. Exs. 7 (Licon-Vitale Dep. Tr., at 147: 15–19); 6 (Hazelwood Dep. Tr., at 77:5–8). 89 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶¶ 34–47). 90 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 41). 91 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 243:21–244:17). 92 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 250:15–251:13).
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requests over the computer to be seen by medical, but no one came.”93 Of approximately 25 inmates who submitted electronic sick call requests, the medical activities report produced by the MCC in this action indicates that only 4 received any sort of medical care within one day, and only 5 inmates received medical care within one week. 6 of these inmates had to wait over 15 days to even be seen, and, as of May 15, 7 of these inmates still had not been seen by a medical staff member at all.94
Dr. Beaudouin acknowledged that monitoring of sick calls was not “regular” (a gross understatement), but said that it’s “something that [they] are working to fix.”95 Yet there is no credible evidence of a fix on the horizon. As of May 13, the MCC was still receiving complaints that sick calls were not being answered.96 As of May 15, 2020 (the last date for which records pertaining to this evidence were produced), an inmate who reported coughing up blood ten days earlier had still not received any medical care, had not been placed in isolation, and his tier had not been quarantined.97 The response to sick calls remains so slow that inmates who are currently locked in their cells 23 hours a day refer to them as “a waste of time.”98
With a broken sick call system, other measures such as testing, screening and contact tracing becomes even more important. But the MCC continues to neglect these measures as well. While the MCC obtained, on May 14, an Abbott ID Now test machine capable of processing 64
93 Devlin-Brown Decl. Ex. 21 (Karimbux Decl. ¶ 4). 94 See Kala Decl. Ex. 36 (Sick Call Log); Kala Decl. Ex. 37 (Bureau of Prisons Health Services Activity Report); see also Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 41). 95 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 257:16–258:7). 96 See Kala Decl. Ex. 29 (email to Unit Team 9/11 mailbox, MCC 1173); Devlin-Brown Decl. Ex. 27 (Roberts Decl. ¶ 19); Devlin-Brown Decl. Ex. 31 (Sucich Decl. ¶ 9) (“They never answer Corrlinks sick calls.”). 97 Kala Decl. Ex. 36 (Sick Call Requests); Kala Decl. Ex. 37 (Bureau of Prisons Health Services Activity Report); Kala Decl. Ex. 32 (Quarantine Isolation Flowsheet); Kala Decl. Ex. 25 (Rog Response Number 5). 98 Devlin-Brown Decl. Ex. 33 (Turner Decl. ¶ 10).
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tests per day, only one test had been conducted using that test machine as of May 21.99 The MCC’s inmate screening procedure falls well short of CDC recommendations (and even Dr. Beaudouin’s understanding of what a proper screening should entail),100 because inmates are screened only for fever, not other known symptoms of COVID-19, as confirmed by the declarations of 15 inmates.101 Further, the MCC has rolled back its already barebones screening procedure by reducing the frequency of inmate screening.102 One inmate recently reported that there had been no “temperature checks in the last two weeks,”103 which is consistent with Mr. Woodson’s deposition testimony that his temperature had not been checked in about two weeks.104 Other inmates describe similar experiences,105 and it does not appear that there is “any regular screening of highrisk patients” held on 11 South.106
Nor does the MCC have any protocol for contact tracing investigations. As the staff positive number continues to rise steadily, the MCC has conducted only a handful of contact tracing investigations for staff who have tested positive for COVID-19. Dr. Beaudouin admits that “there are many more staff [that tested positive] that needed some contact investigation.”107 As for inmates, “there is no indication that any contact tracing is undertaken for those who test
99 Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 28:2–12). 100 Venters Report ¶¶ 24–27; Kala Decl. Ex. 1 (Beaudouin Dep. Tr. at 146:9–14). 101 See e.g., Devlin-Brown Decl. Ex. 33 (Turner Decl. ¶ 13) (when the MCC was performing temperature checks, they “never asked us about any other symptoms”); Devlin-Brown Decl. Ex. 13 (Devlin-Brown Decl. Ex. 13 (Dansowah Decl. ¶ 9.) (“When the medical staff started coming around taking temperatures, they did not care if people had other symptoms – cough, chills, diarrhea. They just left them in bed unless they had a fever.”). 102 Devlin-Brown Decl. Ex. 33 (Turner Decl. ¶ 13); Devlin-Brown Decl. Ex. 31 (Sucich Decl. ¶ 9); Kala Decl. Ex. 6 (Hatcher Dep. Tr., at 25: 13–21; 28: 1–4; 39:10–15). 103 Devlin-Brown Decl. Ex. 17 (Falu Decl. ¶ 13). 104 Kala Decl. Ex. 9 (Woodson Dep. Tr. at 32:2–4). 105 Kala Decl. Ex. 5 (Hatcher Dep. Tr. at 28:1–7); Devlin-Brown Decl. Ex. 33 (Turner Decl. ¶ 13). 106 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 16). 107 Kala Decl. Ex. 1 (Beaudouin Dep. Tr. at 117:14–25).
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positive.”108 Associate Warden Edge conceded that while such investigations were recommended, she did not know whether contact investigations were actually conducted for positive inmates.109
With respect to PPE, although inmates finally have some masks, they are too small for many, and are washed infrequently and at times without any detergent (which inmates have not received).110 Replacement masks are limited; some inmates continue to wear the disposable masks they were given in April.111 To make matters worse, the MCC is not consistently requiring inmates to wear masks.112 Indeed, some inmates report that they were only explicitly told to wear masks immediately before the inspection of the facility ordered by this Court.113 In total, 26 inmates have reported either not receiving any masks or receiving masks of poor quality. And the MCC’s dangerously lax approach to hygiene extends to its staff, who wear masks and gloves infrequently or ineffectively. As one inmate described, “[t]he only time I have seen staff members wearing gloves are when they are wearing the white suits, which is infrequent.”114 Other inmates report that staff only started regularly wearing masks at the start of May, and that many staff members continue to leave their masks around their necks or not wear them at all.
Finally, the MCC's poor hygiene and sanitation practices remain two needless obstacles to preventing the spread of disease. For example, on May 5, multiple inmates (including a cadre inmate) complained that they had no running water for six days and could not wash their hands
108 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 31). 109 Kala Dec. Ex. 2 (Edge Dep. Tr. 52:5–12) 110 Devlin-Brown Decl. Ex. 28 (Schiliro Decl. ¶ 10); Devlin-Brown Decl. Ex. 29 (Smith Decl. ¶ 11); DevlinBrown Decl. Ex. 27 (Roberts Decl. ¶ 11); Devlin-Brown Decl. Ex. 16 (Dones Decl. ¶ 9); Devlin-Brown Decl. Ex. 23 (Matute Decl. ¶ 9); Devlin-Brown Decl. Ex. 33 (Turner Decl. ¶ 20). 111 See Kala Decl. Ex. 4 (Galvez-Chimbo Dep. Tr., at 23:11–24:11); Devlin-Brown Decl. Ex. 26 (Richardson Decl. ¶ 10); Devlin-Brown Decl. Ex. 22 (Luna Decl. ¶ 11). 112 Devlin-Brown Decl. Ex. 7 (Barnes Decl. ¶ 8); Devlin-Brown Decl. Ex. 27 (Roberts Decl. ¶ 11). 113 Devlin-Brown Decl. Ex. 21 (Karimbux Decl. ¶ 12); Devlin-Brown Decl. Ex. 9 (Bourgoin Decl. ¶ 9). 114 Devlin-Brown Decl. Ex. 29 (Smith Decl. ¶ 22).
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during that time.115 Two days later, another inmate complained that he had not received soap for more than three weeks.116 At least 21 inmates reported not getting enough soap, if any.117 And as the Court-ordered inspection revealed, the MCC is “widely infested with mice and roaches.”118 Inmates reported deteriorating conditions: toilets are leaking water, urine, and feces into their units; air vents are “filthy”; and common areas and objects (including computers and phones) are rarely cleaned, if at all.119 Clean clothes are not being regularly supplied; approximately 15 inmates say they do not have regular access to clean clothes.120 Some report that the only cleaning implements available to them are “a broom, dustpan, and dirty mop,” and “[t]he mop is so dirty that it is worse than nothing.”121 Approximately 31 inmates have made statements that the MCC is not being cleaned properly.122 Inmates still lack even the most basic hygiene supplies, like adequate soap, and have to purchase it from the commissary.123
ARGUMENT I. The Court Should Grant Preliminary Injunctive Relief Remedying the COVID-19
Crisis at the MCC. Preliminary injunctive relief should be granted where movants make a clear showing that (1) they are likely to succeed on the merits; (2) they face a prospect of irreparable harm; (3) the balance of equities tips in their favor; and (4) the public interest is served by an injunction. Winter
115 Kala Decl. Ex. 31 (emails to Warden mailbox, MCC 1185, 1186). 116 Kala Decl. Ex. 31 (emails to Warden mailbox, MCC 1178). 117 See Summary of Inmate Declarant Evidence, Appendix A. 118 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶ 20). 119 Devlin-Brown Decl. Ex. 26 (Richardson Decl. ¶ 6); Devlin-Brown Decl. Ex. 23 (Matute Decl. ¶ 10); Devlin-Brown Decl. Ex. 8 (Beniquez Decl. ¶ 12); Devlin-Brown Decl. Ex. 10 (Bradley Decl. ¶ 8); DevlinBrown Decl. Ex. 20 (Griffin Decl. ¶ 14); Devlin-Brown Decl. Ex. 9 (Bourgoin Decl. ¶ 10); Devlin-Brown Decl. Ex. 7 (Barnes Decl. ¶ 6). 120 See, e.g., Devlin-Brown Decl. Ex. 5 (Woodson Decl. ¶ 7); Devlin-Brown Decl. Ex. 8 (Beniquez Decl. ¶ 13); Devlin-Brown Decl. Ex. 19 (Garcia Decl. ¶ 37); Devlin-Brown Decl. Ex. 9 (Bourgoin Decl. ¶ 11). 121 Devlin-Brown Decl. Ex. 16 (Dones Decl. ¶ 7). 122 Summary of Inmate Declarant Evidence. 123 Devlin-Brown Decl. Ex. 19 (Garcia Decl. ¶ 33).
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v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); Litwin v. OceanFreight, Inc., 865 F. Supp. 2d 385, 392 (S.D.N.Y. 2011). Each element of this test is readily satisfied here.
A. Petitioners Are Likely to Succeed on the Merits “A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.” Brown v. Plata, 563 U.S. 493, 511 (2011). Thus, both the Eighth Amendment (for sentenced inmates) and Fifth Amendment (for pretrial inmates) prohibit prison officials from acting with “deliberate indifference” to a “substantial risk of serious harm” to inmate health. Farmer v. Brennan, 511 U.S. 825, 834 (1994); Darnell v. Pineiro, 849 F.3d 17, 21 n.3, 29 (2d Cir. 2017). As an initial matter, there can be no serious dispute that a “substantial risk of serious harm”—namely, the risk of contracting COVID-19, a highly contagious and deadly virus, in crowded prison conditions—is present in this case. “[C]orrectional officials have an affirmative obligation to protect inmates from infectious disease.” Jolly v. Coughlin, 76 F.3d 468, 477 (2d Cir. 1996). And numerous courts have already held that exposure to COVID-19 constitutes a substantial risk of serious harm. See, e.g., Wilson v. Williams, No. 4:20-CV-00794, 2020 WL 1940882, at *8 (N.D. Ohio Apr. 22, 2020); Basank v. Decker, No. 20 Civ. 2518 (AT), 2020 WL 1481503, at *5 (S.D.N.Y. Mar. 26, 2020) (citing United States v. Stephens, No. 15-cr-95 (AJN), 2020 WL 1295155, at *2 (S.D.N.Y. Mar. 19, 2020) and United States v. Garlock, No. 18-cr-418VC, 2020 WL 1439980, at *1 (N.D. Cal. Mar. 25, 2020)). The ongoing risk that COVID-19 poses to Petitioners, while inherently “substantial,” is exacerbated by the woefully inadequate conditions that continue to plague the MCC in particular. The prison remains overcrowded by over 200 inmates,124 and continues to pack groups of 26 into
124 See ECF No. 7 (von Dornum Decl. ¶ 31).
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cramped dormitories where it is impossible to socially distance. The sick call system is basically non-existent. Inmates with severe COVID-19 symptoms, such as high fever, chest pains, coughing up blood, and difficulty breathing, are going many days or even weeks without treatment. See supra pp. 13–15. Dr. Beaudouin’s vague aspiration, unsupported by any evidence, that the MCC is “working to fix” its sick call system, cannot give any confidence to inmates who have no idea when, if ever, they will be treated.125
The continuing lack of hygiene and sanitation at the MCC further increases the risk of contracting the virus. A week into May, one inmate complained that he did not receive any soap while another inmate reported that he had no access to running water.126 Common areas are still left uncleaned; toilets still leak sewage into units; and mice, rats and roaches still proliferate.127
In short, the MCC’s crowded, unclean conditions, in combination with a dysfunctional sick-call system, all perpetuate a risk of serious harm that was already substantial to begin with.
As to the “deliberate indifference” prong, Petitioners can satisfy the Fifth Amendment standard by showing that Respondent “recklessly failed to act with reasonable care to mitigate the risk that the [challenged] condition posed … even though [Respondent] knew, or should have known, that the condition posed an excessive risk to health or safety.” Darnell, 849 F.3d at 35 (emphasis added). Under the Eighth Amendment, inmates may establish a violation by showing that Respondent (i) was “aware of [the] facts from which the inference could be drawn that a substantial risk of serious harm exists,” and (ii) actually “dr[ew] the inference”—a subjective standard. Farmer, 511 U.S. at 837.
125 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 258:4–7). 126 Kala Decl. Ex. 31 (emails to Warden mailbox, MCC 1185, 1186). 127 Devlin-Brown Decl. Ex. 26 (Richardson Decl. ¶ 6); Devlin-Brown Decl. Ex. 23 (Matute Decl. ¶ 10); Devlin-Brown Decl. Ex. 8 (Beniquez Decl. ¶ 12); Devlin-Brown Decl. Ex. 10 (Bradley Decl. ¶ 8); DevlinBrown Decl. Ex. 20 (Griffin Decl. ¶ 14); Devlin-Brown Decl. Ex. 9 (Bourgoin Decl. ¶ 10); Devlin-Brown Decl. Ex. 7 (Barnes Decl. ¶ 6); Devlin-Brown Ex. 12 (Crosby Decl. ¶ 14).
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Both the Eighth and Fifth Amendment standards are met in this case. As the discovery record reveals, Respondent has, for months, been actually aware of the serious risks posed by COVID-19, but nevertheless failed to undertake the necessary steps to effectively address them. See Farmer, 511 U.S. at 837; Darnell, 849 F.3d at 35. Respondent was aware of the risks posed by COVID-19 no later than January, when the BOP issued a memorandum with guidance to all correctional facilities on how to prepare for this public health emergency. Yet the MCC admits it had not even begun planning its response to the pandemic until the “latter half of March,”128 when COVID-19 was already rampaging through the facility.
The results of the MCC’s inaction were severe. Because the MCC obtained no tests—and made no plans to test—the first inmate who was confirmed to have the virus was left in his dormitory unit for days, symptomatic and surrounded by other inmates, before the MCC finally sent the inmate to the hospital, where he tested positive. Because the MCC had not developed an isolation area for COVID-19 inmates, this inmate and many like him were sent to the SHU, perhaps the worst place in the institution for housing seriously ill inmates. Exposed inmates on 11 South were left “quarantined” in their open dormitories, where they slept alongside 25 other men with bunk beds just a few feet apart. The MCC failed to sanitize the unit after the inmate tested positive, and instead required the other inmates to attempt to clean the dormitory cell on their own without masks or other PPE.129 The MCC’s actions did not mitigate the spread of COVID-19, but instead only ensured that the virus spread within this group and beyond it—which it did.
The MCC’s indifference to the threat of COVID-19 and its repudiation of BOP guidance were also reflected in the decision to reassign all case managers from their duties overseeing
128 Kala Decl. Ex. 2 (Edge Dep. Tr., at 22:8–21). 129 See, e.g., Devlin-Brown Decl. Ex. 33 (Turner Decl. ¶ 6); Devlin-Brown Decl. Ex. 12 (Crosby Decl. ¶10); see also Devlin-Brown Decl. Ex. 22 (Luna Decl. ¶¶ 12–14).
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applications for home confinement and other release requests. Although Respondent’s own Associate Warden expressed concern about this move, Respondent emptied the case manager offices for several weeks, forcing those staff members into different roles, and ensuring that no release requests could be reviewed. This decision flew in the face of a clear order from the Attorney General directing correctional facilities to immediately prioritize release to home confinement. Such wanton action by Respondent and the MCC undermined the very efforts to mitigate the spread of COVID-19 required by the Department of Justice and the BOP.
It took this lawsuit, and this Court’s intervention, to nudge the MCC into any action at all, but the MCC has still not started regular testing, despite having obtained a rapid testing machine and numerous test kits, nor is it yet screening inmates regularly or thoroughly for COVID-19 symptoms. Its sick call request system remains broken, leaving inmates to wait days or weeks before their requests for medical attention are addressed. Inmates continue to reside in damp, unsanitary conditions, and fall asleep to the sounds of rodents running throughout the building. Neither Respondent nor Associate Warden Edge appear to understand the full scope of their release-related authority, despite receiving memo after memo expanding home confinement authority and urging its immediate use.130
The need for continued oversight from this Court is underscored by how the MCC approached the Court-ordered inspection that its Warden personally opposed.131 Multiple inmates witnessed the MCC’s attempt to make temporary and often superficial changes in preparation for
130 Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr. at 98:22–99:24; 116:8–135:24) (Q: “So tell me as best as you know, what exactly did the MCC do in response to Attorney General Barr’s and the Bureau of Prisons’ directive . . . ?” A: “We did not immediately start referring inmates to home confinement . . . .”); 2 (Edge Dep. Tr. at 148:21–25; 149:2) (Q: “To be clear, are you saying that . . . the only inmates who would be eligible for release after [the Attorney General’s April 3, 2020] memo would be the same inmates who were eligible for release before?” A: “Yes . . . .”). 131 Kala Decl. Ex. 7 (Licon-Vitale Dep. Tr., at 89:8–13).
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the inspection.132 MCC staff “ordered the orderlies to scrub the unit, and they put up signs about COVID, and they made us all wear our masks.”133 MCC staff sprayed sanitizer in the housing units in advance of and during the inspection, which was never done before or since.134 The MCC also put up posters advising inmates how to practice good hygiene and stating that they were free to ask for additional soap and cleaning supplies,135 even when such supplies were not in fact available.136
In short, the MCC has done little more than pay lip service to necessary mitigation steps such as screening, contact tracing, hygiene, and sanitation, while continuing to exhibit unacceptable and widespread deficiencies on each of these fronts. See supra pp. 13–17; see also, e.g., Hernandez v. Cty. of Monterey, 110 F. Supp. 3d 929, 943 (N.D. Cal. 2015) (stating that “known noncompliance with generally accepted guidelines for inmate health strongly indicates deliberate indifference to a substantial risk of serious harm”); Feliciano v. Gonzales, 13 F. Supp. 2d 151, 208–09 (D.P.R. 1998) (finding that the defendant’s “inability . . . to properly isolate cases of active tuberculosis,” the “insufficient medical dormitory beds,” the failure to “fully screen incoming inmates,” and the failure to “provide for a sick call system that ensures access to care and that is capable of effectively handling emergencies” constituted deliberate indifference); Shimon v. Dep’t of Corr. Servs. for N.Y., No. 93 Civ. 3144 (DC), 1996 WL 15688, at *1 (S.D.N.Y.
132 Devlin-Brown Decl. Ex. 1 (Venters Decl. ¶¶ 62–63); Devlin-Brown Decl. Ex. 7 (Barnes Decl. ¶ 5); Devlin-Brown Decl. Ex. 12 (Crosby Decl. ¶ 6); Devlin-Brown Decl. Ex. 21 (Karimbux Decl. ¶ 12); DevlinBrown Decl. Ex. 6 (Andrade Decl. ¶ 17); Devlin-Brown Decl. Ex. 10 (Bradley Decl. ¶ 15); Devlin-Brown Decl. Ex. 22 (Luna Decl. ¶ 17). 133 Devlin-Brown Decl. Ex. 21 (Karimbux Decl. ¶ 12); see Devlin-Brown Decl. Ex. 9 (Bourgoin Decl. ¶ 9). 134 See, e.g., Devlin-Brown Decl. Ex. 8 (Beniquez Decl. ¶ 12); Devlin-Brown Decl. Ex. 6 (Andrade Decl. ¶ 17); Devlin-Brown Decl. Ex. 21 (Karimbux Decl. ¶ 12). 135 Kala Decl. Ex. 6 (Hatcher Dep. Tr., at 39:16–25); Devlin-Brown Decl. Ex. 10 (Bradley Decl. ¶ 15); Devlin-Brown Decl. Ex. 6 (Andrade Decl. ¶ 17). 136 See, e.g., Kala Decl. Ex. 31 (email to Warden mailbox, MCC 1178).
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Jan. 17, 1996) (holding that the defendant’s inability to “adequately quarantine or remove inmates and support [staff] known to have active tuberculosis” constituted deliberate indifference).
In each deposition, the MCC staff acknowledged the federal directives, guidelines, and policies disseminated since January. The MCC’s awareness of the threat of COVID-19 and the actions it needed to take are without question. The MCC’s continued failure to take these actions is the very hallmark of indifference, thereby exposing Petitioners to an intolerable risk of harm and violating their Eighth and Fifth Amendment rights.
B. Petitioners Face Irreparable Harm if Relief Is Not Granted In the Second Circuit, a “showing of irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction.” Basank, 2020 WL 1481503, at *2 (quoting Faiveley Transp.t Malmo AB v. Wabtec Corp., 559 F.3d 110, 118 (2d Cir. 2009)). Harm is irreparable if it “cannot be redressed through a monetary award.” JSG Trading Corp. v. TrayWrap, Inc., 917 F.2d 75, 79 (2d Cir. 1990). Violations of constitutional rights establish irreparable harm as a matter of law. See, e.g., Conn. Dep’t of Envtl. Prot. v. OSHA, 356 F.3d 226, 230–31 (2d Cir. 2004); Jolly, 76 F.3d at 482. The likelihood of irreparable harm for Petitioners and proposed class members could not be clearer. Petitioners and dozens of other MCC inmates have contracted the virus, and face further bouts of severe illness, pain, and possible death should the status quo be allowed to continue. Since March, COVID-19 has been winding its way, unstopped, through the MCC. Though we know of only five inmates who tested positive, the evidence shows that the actual number of inmates infected with the disease is approximately 15 to 30 times higher. See supra pp. 10. The only reason the number of positive cases is not higher is because the MCC did not test more inmates. By comparison, 46 MCC staff (nearly a quarter of all employees) have tested positive for COVID19, many of whom continued to show up to work and move around the MCC while infected, with
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no clear policy directing otherwise.137 If these conditions persist, MCC staff and inmates will continue to spread the virus back and forth among themselves—a reality that is made all the more dangerous not only by the MCC’s abysmal sanitary conditions, health protections, housing practices, and overpopulation, but also (for many inmates) because of their respective ages and/or underlying medical conditions.
The risk of exposure to serious health effects alone is sufficient to establish irreparable harm. As the Supreme Court observed, “[i]t would be odd to deny an injunction to inmates who plainly proved an unsafe, life-threatening condition in their prison on the ground that nothing yet had happened to them.” Helling, 509 U.S. at 33.138 Several courts have determined that the grave risks from COVID-19 constitute irreparable harm. See, e.g., Wilson, 2020 WL 1940882, at *9 (“[I]t is more than mere speculation that [COVID-19] will continue to spread and pose a danger to inmates if BOP does not increase its efforts to stop the spread.”); Basank, 2020 WL 1481503, at *4 (“The risk that Petitioners will face a severe, and quite possibly fatal, [COVID-19] infection if they remain in immigration detention constitutes irreparable harm warranting a TRO.”); Coronel v. Decker, No. 20 Civ. 2472, 2020 WL 1487274, at *3 (S.D.N.Y. Mar. 27, 2020) (“Due to their serious underlying medical conditions, all Petitioners face a risk of severe, irreparable harm if they contract COVID-19.”). This Court should make the same finding here.
C. The Equities and Public Interest Weigh in Favor of Relief Where an injunction is sought against the Government, the balance-of-equities and public interest factors in the standard for relief merge. Coronel, 2020 WL 1487274, at *7. These factors, too, overwhelmingly support preliminary relief.
137 Kala Decl. Ex. 1 (Beaudouin Dep. Tr., at 120:1–121:12). 138 See also Innovative Health Sys., Inc. v. City of White Plains, 117 F.3d 37, 43 (2d Cir. 1997) (burden of showing irreparable injury satisfied where evidence was presented that closing a treatment program would lead to plaintiffs’ continued abuse of alcohol and drugs, “resulting in death, illness, or disability”).
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The public interest is “best served by ensuring the constitutional rights of persons within the United States are upheld.” Id. (internal quotation marks omitted). The government can claim no interest in maintaining an unconstitutional practice of the kind at issue here. See Doe v. Kelly, 878 F.3d 710, 718 (9th Cir. 2017). It is also in the public interest to ensure public health and safety. See Grand River Enters. Six Nations, Ltd. v. Pryor, 425 F.3d 158, 169 (2d Cir. 2005) (referring to “public health” as a “significant public interest”). The relief requested here will not just help protect both the medically vulnerable and other inmates at the MCC; it will also protect MCC staff members and the community at large. Staff who interact with each other and with inmates who carry the virus may unwittingly spread the disease to their families and communities.139 In addition, sick inmates and staff require medical services that are already stretched thin. It is undoubtedly in the public interest to ease the burdens on local hospitals and healthcare systems.
The relief requested here would not impose an unreasonable burden on the MCC. Directing the MCC to follow existing guidance and evaluate releasing inmates to home confinement or on furlough, timely processing their motions for compassionate release, or transferring them to other facilities, cannot be considered an unreasonable burden, as such authority and procedures existed even prior to the COVID-19 outbreak and have only expanded since. Nor is it an unreasonable burden to ask the MCC to fully and promptly put its new testing machine to use, actually implement basic levels of sanitation within the facility, or undertake legitimate contact tracing investigations to identify potentially infected inmates. Further, it is entirely reasonable to require the MCC to provide basic levels of healthcare and treatment. Petitioners previously highlighted the numerous courts across the country that have begun to order the emergency release of inmates
139 Sandhya Kajeepeta & Seth J. Prins, Why Coronavirus in Jails Should Concern All of Us, THE APPEAL (Mar. 24, 2020), https://theappeal.org/coronavirus-jails-public-health/.
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whose conditions of confinement in the COVID-19 pandemic violate the U.S. Constitution. See Mot. for TRO, at 21. Even in the month since, courts have continued to order such release or measures facilitating it. In fact, one court has already issued a second order directing the Elkton Correctional Facility to comply with the standards of its preliminary injunction, and provided specific guidelines for what the facility was required to consider in determining which of its inmates to release. See Wilson, 2020 WL 2542131, at *4.
Indeed, the only progress the MCC has made to date in combatting the disease has come following the filing of this lawsuit and at the Court’s intervention. Upon order of this Court, the MCC has finally managed to clear its backlog of roughly 67 compassionate release applications, though none were approved.140 Some of these requests had previously been languishing for over two months.141 See supra pp. 12–13. Similarly, at the Court’s direction, the MCC seems to finally be making modest progress with respect to review for home confinement. After effectively failing to act at all for weeks, even in the face of clear guidance from the BOP central office and the Attorney General, the MCC managed to assess dozens of inmates’ eligibility once the Court ordered it to do so. One might hope these limited improvements would continue without the Court’s guiding hand. But the reality is different; with respect to release, as elsewhere, the MCC has demonstrated that it cannot be trusted to take necessary action on its own.142
In light of the Petitioners’ vulnerable status, the wide-reaching effects of COVID-19, and the modest burdens asked of the MCC (which are consistent with official guidance) to care for its charges, the balance of equities and public interest weigh decidedly in Petitioners’ favor.
140 ECF No. 40 (May 13 Letter to Judge Ramos). 141 ECF No. 25 (Supplemental von Dornum Decl. ¶ 11). 142 For this reason, Petitioners request that the Court appoint an independent monitor to ensure compliance with the proposed preliminary injunction order (Notice of Motion, App. A). See, e.g., Inmates of Attica Corr. Facility v. Rockefeller, 453 F.2d 12, 24 (2d Cir. 1971); C.D.S., Inc. v. Bradley Zetler, CDS, LLC, No. 16 Civ. 3199 (VM), 2016 WL 3522197, *1 (S.D.N.Y. June 15, 2016).
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II. The Court Should Conditionally Certify the Proposed Class Formal class certification is not necessary for the Court to grant the relief sought here. “It
is well established that certain circumstances give rise to the need for prompt injunctive relief for a named plaintiff or on behalf of a class and that the court may conditionally certify the class or otherwise award a broad preliminary injunction, without a formal class ruling, under its general equity powers.’” Ligon v. City of New York, 925 F. Supp. 2d 478, 539 (S.D.N.Y. 2013) (alteration omitted) (internal quotation marks omitted).143
Some courts granting preliminary relief against detention facilities in COVID-19 cases have done so without even finding it necessary to reach class certification. See, e.g., Cameron v. Bouchard, 20 Civ. 10949, 2020 WL 1929876 at *2–*3 (E.D. Mich. Apr. 17, 2020); Swain v. Junior, 2020 WL 1692668 at *2 (S.D. Fla. Apr. 7, 2020). Other courts have conditionally certified classes as part of orders with class-wide preliminary relief. See, e.g., Wilson, 2020 WL 1940882 at *6; Rivas v. Jennings, 20 Civ. 02731 (VC), 2020 WL 2059848, at *1, *4 (N.D. Cal. Apr. 29, 2020). If the Court exercises its discretion to follow the latter approach, the proposed class of MCC inmates here easily satisfies the prerequisites for class certification under Rule 23(a) and the requirements for an injunctive relief class under Rule 23(b)(2). See, e.g., Consol. Rail Corp. v. Town of Hyde Park 47 F.3d 473, 482 (2d Cir. 1995) (no abuse of discretion in certifying class at preliminary injunction stage); A.T. v. Harder, 298 F.Supp.3d 391, 411 (N.D.N.Y. 2018) (certifying class as part of preliminary injunction addressing juvenile detention policies).
Numerosity - Rule 23(a)(1). The proposed Class satisfies the numerosity requirement because there are nearly 700 people housed at the MCC, and it would be impractical to join them
143 See also N.Y. State Nat. Org. For Women v. Terry, 697 F. Supp. 1324, 1336 (S.D.N.Y. 1988) (“[L]eaving the question of class certification” for another day); Newberg on Class Actions § 24:83 (4th ed. 2002) (“The absence of formal certification is no barrier to classwide preliminary injunctive relief.”).
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all as parties. See, e.g., Consol. Rail Corp., 47 F.3d at 483 (numerosity generally requires least 40 class members); Clarkson v. Coughlin, 783 F. Supp. 789, 797 (S.D.N.Y. 1992) (discussing impracticality of joinder of all inmates in case addressing prison conditions).
Commonality – Rule 23(a)(2). The questions of law and fact raised here are common because their “resolution will affect all or a significant number of the putative class members.” Johnson v. Nextel Commc’ns Inc., 780 F.3d 128, 137 (2d Cir. 2015). Courts routinely find commonality when inmates “have a common interest in preventing the recurrence of the objectionable conduct” in prisons. Inmates of Attica Corr. Facility v. Rockefeller, 453 F.2d 12, 24 (2d Cir. 1971); see also Nicholson v. Williams, 205 F.R.D. 92, 98 (E.D.N.Y. 2001) (commonality presumed where class seeks injunctive relief under Rule 23(b)(2) to remedy constitutional wrongs). Here, the principal question to be resolved is whether Respondent’s failure to mitigate the risks posed by COVID-19 constitutes deliberate indifference in violation of inmates’ Fifth and Eighth Amendment rights. There is thus at least “a single common question” that is shared by all class members. Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 359 (2011).
Typicality – Rule 23(a)(3). Petitioners’ claims are typical of the claims of the other inmates in the proposed class. Because the claims are based on conditions and policies endured by both Petitioners and class members, the typicality requirement is satisfied even if there may be “minor variations in the fact patterns underlying individual claims.” Robidoux v. Celani, 987 F.2d 931, 936–37 (2d Cir. 1993); see Butler v. Suffolk Cty., 289 F.R.D. 80, 99 (E.D.N.Y. 2013) (typicality satisfied in prison conditions case even if the “exact nature of [inmates’] injuries” may differ).
Adequacy – Rule 23(a)(4). Petitioners are adequate class representatives because they “have an interest in vigorously pursuing the claims of the class, and . . . have no interests antagonistic to the interests of other class members.” Denney v. Deutsche Bank AG, 443 F.3d 253,
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268 (2d Cir. 2006). All inmates generally have been subjected to the same unconstitutional conduct, and Petitioners have brought this suit to remedy Respondent’s inadequate response to the COVID-19 pandemic. In addition, class counsel here are “qualified, experienced and able to conduct the litigation,” Baffa v. Donaldson, Lufkin & Jenrette Sec. Corp., 222 F.3d 52, 60 (2d Cir. 2000), and also meet the requirements of Rule 23(g).144
Requirements for Injunctive Release Class – Rule 23(b)(2). Finally, the proposed class meets the Rule 23(b)(2) requirement that “the party opposing the class has acted or refused to act on grounds that apply generally to the class” so that injunctive relief as to the entire class is appropriate. Fed. R. Civ. P. 23(b)(2). “[C]ivil rights cases against parties charged with unlawful, class-based discrimination are prime examples of what [Rule 23] (b)(2) is meant to capture.” Dukes, 564 U.S. at 361. Courts have already certified or conditionally certified Rule 23(b)(2) classes of inmates seeking injunctive relief to remedy failures to properly manage the COVID-19 pandemic. See, e.g., Wilson, 2020 WL 1940882, at *8. Here, the Warden’s action—and inaction— came in response to the risks of COVID-19 at the MCC, a ground that applies to all members of the purported Class. Respondent’s deliberate indifference to the health and safety of MCC inmates can be remedied only by declaring such conduct to be a violation of Petitioners’ constitutional rights and granting injunctive relief to alleviate those risks.
CONCLUSION For the foregoing reasons, Petitioners respectfully request that the Court grant Petitioners’ Motion for a Preliminary Injunction and order the relief set forth in Appendix A to their Notice of Motion, as well as any other relief that the Court deems just and proper.
144 See the accompanying Declaration of Andrew A. Ruffino.
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Dated: May 26, 2020 New York, New York

COVINGTON & BURLING LLP
By: s/ Arlo Devlin-Brown Arlo Devlin-Brown Andrew A. Ruffino Alan Vinegrad Timothy C. Sprague The New York Times Building 620 Eighth Avenue New York, New York 10018 T: (212) 841-1000 E: adevlin-brown@cov.com
aruffino@cov.com avinegrad@cov.com tsprague@cov.com
Attorneys for Petitioners

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Case 1:20-cv-03315-ER Document 53 Filed 05/26/20 Page 38 of 39

Appendix A: Summary of Inmate Sworn Statements
All citations below are to inmate declarations (with paragraph citations) or transcripts of inmate depositions (with page citations), attached as exhibits to the accompanying Declarations of Arlo Devlin-Brown and Ishita Kala.

Deficiencies

Inmate Declarations and Testimony

Failure to provide medical care to sick inmates.

28 declarants
Fernandez-Rodriguez 4; Galvez-Chimbo 4-5; Hatcher Dep. Tr. 10:14, 25:12-22, 40:14-20 (Kala Decl. Ex. 5); Woodson 13, 16; Andrade Decl. 4, 6, 8; Beniquez 8, 16; Bourgoin 6, 7; Bradley 12; Crosby Decl. 8, 11; Dansowah 8, 15; Davis 6; Days 4-5, 10; Dones 14; Falu 5; Flynn 10; Garcia 8-16, 19-20; Griffin 11-13; Karimbux 4, 6, 8; Luna 7, 9-10; Matute 7-8; Naqvi 17; Richardson 8; Roberts 15, 18; Schiliro 7; Sucich 10; Toro 30; Turner 7-8; Zegarra-Martinez 8-10, 15.

Failure to isolate sick inmates.

28 declarants
Fernandez-Rodriguez 4; Galvez-Chimbo 4-5; Woodson 13, 15; Andrade 4; Beniquez 5, 10; Bourgoin 4, 6; Bradley 12; Brown 1012, 30; Crosby 8, 11; Dansowah 8; Davis 6; Days 4-5; Dones 14; Falu 5-6; Flynn 10; Garcia 8-16; Griffin 11-13; Karimbux 3-4, 6; Luna 7, 10; Matute 5; Naqvi 17; Richardson 8; Roberts 13; Schiliro 7, 8; Sucich 10; Toro 30; Turner 7-8; Zegarra-Martinez 8-10, 13.

Failure to adequately screen for COVID-19 symptoms.

11 declarants
Hatcher Dep. Tr. 25:13-21, 39:10-15, 28:1-4 (Kala Decl. Ex. 5); Woodson 17; Beniquez 7; Bourgoin 7; Dansowah 9; Falu 13; Schiliro 9; Sucich 9; Toro 16; Turner 13; Zegarra-Martinez 16.

Lack of soap.

21 declarants
Fernandez-Rodriguez 7; Hatcher 9; Woodson 9; Barnes 5; Beniquez 18; Bourgoin 9; Bradley 6; Brown 19-20; Crosby 19; Days 19; Dones 6; Flynn 5; Garcia 33; Griffin 5; Luna 15; Naqvi 18; Richardson 11; Schiliro 11; Soto 7; Toro 27; Zegarra-Martinez 25.

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Case 1:20-cv-03315-ER Document 53 Filed 05/26/20 Page 39 of 39

Deficiencies

Inmate Declarations and Testimony

Lack of adequate masks or other PPE.

26 declarants
Hatcher 8; Woodson 11-12; Barnes 8; Beniquez 19; Bourgoin 13; Bradley 9; Brown 19; Crosby 5; Dansowah 16; Davis 8; Days 6, 21; Dones 9-10; Falu 7; Flynn 7, 12; Garcia 15, 30, 36; Griffin 8; Luna 11, 14; Matute 9; Michel 7; Naqvi 20; Roberts 11; Schiliro 10, 14; Sucich 14; Toro 22, 24; Turner 18-19; Zegarra-Martinez 19-21.

Insufficient cleaning of cells or common areas.

31 declarants
Fernandez-Rodriguez Dep. Tr. 67:12-68:23 (Kala Decl. Ex. 3); Galvez-Chimbo Dep. Tr. 27:1-19, 27:24-29:2 (Kala Decl. Ex. 4); Woodson 18; Hatcher 6-7; Andrade 11; Barnes 5-7; Beniquez 9, 14; Bourgoin 10; Bradley 8; Brown 19, 22; Crosby 10, 18; Dansowah 12; Davis 8-9; Days 17, 22; Dones 7; Falu 10-11; Garcia 32, 35; Griffin 7, 10, 14; Karimbux 9, 12; Luna 12-13; Matute 10, 16; Michel 11; Naqvi 18; Richardson 12; Schiliro 5, 12-13; Smith 12; Sucich 13; Soto 15; Toro 26-27; Turner 5-6, 16; Zegarra-Martinez 25.

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 Case 1:20-cv-03315-ER Document 46 Filed 05/20/20 Page 1 of 2

JEAN-DAVID BARNEA JESSICA JEAN HU ALLISON ROVNER Assistant United States Attorneys 86 Chambers Street, 3rd Floor New York, New York 10007 T: (212) 637-2679/2726/2691 F: (212) 637-2686 E-mail: jean-david.barnea@usdoj.gov
jessica.hu@usdoj.gov allison.rovner@usdoj.gov UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,

No. 20 Civ. 3315 (ER)

Petitioners, v.
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,

NOTICE OF MOTION TO DISMISS CERTAIN CLAIMS FOR RELIEF

Respondent.

PLEASE TAKE NOTICE that Respondent Marti Licon-Vitale, by her attorney Geoffrey S. Berman, United States Attorney for the Southern District of New York, hereby moves this Court, before the Honorable Edgardo Ramos United States District Judge, in the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, for dismissal of those of Petitioners’ claims that seek the release of petitioners and other inmates from incarceration, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

Case 1:20-cv-03315-ER Document 46 Filed 05/20/20 Page 2 of 2

Dated: New York, New York May 20, 2020

GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent

By:

/s/ Jessica Jean Hu

JEAN-DAVID BARNEA

JESSICA JEAN HU

ALLISON ROVNER

Assistant United States Attorneys

86 Chambers Street, 3rd Floor

New York, New York 10007

T: (212) 637-2679/2726/2691

F: (212) 637-2686

E-mail: jean-david.barnea@usdoj.gov

jessica.hu@usdoj.gov

allison.rovner@usdoj.gov

Case 1:20-cv-03315-ER Document 47 Filed 05/20/20 Page 1 of 24

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,

No. 20 Civ. 3315 (ER)

Petitioners,

v.

MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,

Respondent.

MEMORANDUM OF LAW IN SUPPORT OF RESPONDENT’S PARTIAL MOTION TO DISMISS

JEAN-DAVID BARNEA JESSICA JEAN HU ALLISON ROVNER
Assistant United States Attorneys - Of Counsel -

GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent 86 Chambers Street, 3rd Floor New York, New York 10007 Telephone: (212) 637-2726 Facsimile: (212) 637-2717

Case 1:20-cv-03315-ER Document 47 Filed 05/20/20 Page 2 of 24
TABLE OF CONTENTS PRELIMINARY STATEMENT .................................................................................................... 1 BACKGROUND ............................................................................................................................ 2
I. ALLEGATIONS OF THE PETITION................................................................................2 II. PETITIONERS’ MOTIONS FOR RELEASE IN THEIR CRIMINAL
PROCEEDINGS ..................................................................................................................4 A. Petitioner Fernandez-Rodriguez ..........................................................................................4 B. Petitioner Sharon Hatcher ....................................................................................................5 C. Petitioner James Woodson...................................................................................................7 III. STATUTORY CONTEXT OF INMATE RELEASE CLAIMS.........................................9 A. Section 3626 of the Prison Litigation Reform Act ..............................................................9 B. Statutes Governing Inmates’ Release from BOP Custody ................................................10 1. Release of Defendants Awaiting Trial or Sentencing........................................................10 2. Release of Sentenced Defendants ......................................................................................11 3. Inmate Releases Following the COVID-19 Pandemic ......................................................12 ARGUMENT ................................................................................................................................ 12 I. Section 3626 Precludes This Court from Releasing Inmates.............................................12 II. The Court Should Dismiss the Petition’s Inmate Release Claims Because They
Infringe on the Statutory Authority of the Bureau of Prisons and Sentencing Judges .................................................................................................................................15 A. The Court Must Dismiss Claims for Release to Home Confinement Because BOP’s Home Confinement Decisions Are Not Judicially Reviewable .............................15 B. The Court Should Dismiss the Petition’s Release Claims Due to Comity ........................17 CONCLUSION............................................................................................................................. 20

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TABLE OF AUTHORITIES Federal Cases Alvarez v. Larose, 20-CV-782 (DMS) (AHG), 2020 WL 2315807
(S.D. Cal. May 9, 2020) ................................................................................................. 1, 13, 14 Baez v. Moniz, Civil No. 20-10753-LTS, 2020 WL 2527865
(D. Mass. May 18, 2020).............................................................................................. 14, 15, 20 Bergh v. Washington, 535 F.2d 505 (9th Cir. 1976)..................................................................... 17 Brittingham v. Comm’r, 451 F.2d 315 (5th Cir. 1971) ................................................................. 17 Brown v. Plata, 563 U.S. 493 (2011)............................................................................................ 13 Cato v. Menifee, No. 03 Civ. 5795 (DC), 2003 WL 22725524
(S.D.N.Y. Nov. 20, 2003).......................................................................................................... 17 Coors Brewing Co. v. Mendez-Torres, 678 F.3d 15 (1st Cir. 2012)............................................. 17 Elwood v. Jeter, 386 F.3d 842 (8th Cir. 2004) ............................................................................. 17 Fair Assessment in Real Estate Ass’n, Inc. v. McNary, 454 U.S. 100 (1981) .............................. 18 Goldings v. Winn, 383 F.3d 17 (1st Cir. 2004) ............................................................................. 17 Johnson v. Killian, 680 F.3d 234 (2d Cir. 2012) .......................................................................... 13 Levine v. Apker, 455 F.3d 71 (2d Cir. 2006)................................................................................. 17 Littlejohn v. City of N.Y., 795 F.3d 297 (2d Cir. 2015)................................................................... 3 Livas v. Myers, No. 2:20-V-00422, 2020 WL 1939583 (W.D. La. Apr. 22, 2020)...................... 16 Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS),
2020 WL 2405350 (D. Conn. May 12, 2020) ............................................................... 14, 15, 16 McKune v. Lile, 536 U.S. 24 (2002) ............................................................................................. 16 Medina v. Choate, 875 F.3d 1025 (10th Cir. 2017).................................................................. 2, 18 Reese v. Warden, Phila. FDC, 904 F.3d 244 (3d Cir. 2018) ........................................................ 18 Thornburgh v. Abbott, 490 U.S. 401 (1989) ................................................................................. 16 United States v. Addonizio, 442 U.S. 178 (1979)......................................................................... 19 United States v. Fernandez-Rodriguez, 14 Cr. 383 (GBD) ............................................................ 4

Case 1:20-cv-03315-ER Document 47 Filed 05/20/20 Page 4 of 24
United States v. Fernandez-Rodriguez, 20 Cr. 43 (GBD) .......................................................... 4, 5 United States v. Gould, No. 7:05-CR-020-O,
2018 WL 3956941 (N.D. Tex. Jan. 17, 2018) ........................................................................... 16 United States v. Hatcher, 18 Cr. 454 (KPF) ........................................................................... 5, 6, 7 United States v. Williams, 65 F.3d 301 (2d Cir. 1995) ................................................................. 17 United States v. Woodson, 18 Cr. 845 (PKC) ........................................................................... 7, 19 United States v. Woodson, 18 Cr. 845 (PKC),
2020 WL 2114770 (S.D.N.Y. May 4, 2020) ..................................................................... 8, 9, 19 United States v. Yates, No. 15-40063-01-DDC,
2019 WL 1779773 (D. Kan. Apr. 23, 2019).............................................................................. 16 Williams v. Hackman, 364 Fed. App’x 268 (7th Cir. 2010) ......................................................... 18 Wilson v. Williams, No. 20-3447 (6th Cir. filed May 4, 2020) (ECF No. 23-2) .................... 14, 15 Federal Statutes 18 U.S.C. § 3141............................................................................................................................. 6 18 U.S.C. § 3142........................................................................................................................... 11 18 U.S.C. § 3143........................................................................................................................... 11 18 U.S.C. § 3582............................................................................................................... 5, 6, 7, 11 18 U.S.C. § 3621................................................................................................................. 2, 15, 17 18 U.S.C. § 3624........................................................................................................................... 11 18 U.S.C. § 3626.................................................................................................................... passim 18 U.S.C. § 4205........................................................................................................................... 11 21 U.S.C. § 846............................................................................................................................... 5 34 U.S.C. § 60541....................................................................................................... 11, 14, 15, 20 Coronavirus Aid, Relief, and Economic Security Act,
Pub. L. No. 116-136, 134 Stat. 281 (Mar. 27, 2020)................................................................. 12
ii

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Respondent Marti Licon-Vitale (“Respondent”), in her official capacity as Warden of the Metropolitan Correctional Center (“MCC”), by her attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, respectfully submits this memorandum of law in support of her partial motion to dismiss the Class Action Petition Seeking Writs of Habeas Corpus (the “Petition” or “Pet.”) brought by current MCC inmates Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, and James Woodson (collectively, “Petitioners”)1 pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.
PRELIMINARY STATEMENT The Court should dismiss all of the Petition’s claims seeking the release of MCC inmates. These claims warrant dismissal because the Prison Litigation Reform Act (“PLRA”) and 18 U.S.C. § 3621 prohibit the Court from granting the requested relief, and because the claims improperly ask the Court to infringe on the statutory authority of both the Bureau of Prisons (“BOP”) and the district court judges presiding over the criminal cases of MCC’s inmates. Where, as here, Petitioners’ “claims are based solely on the current conditions inside [the prison] given the COVID-19 pandemic,” Alvarez v. Larose, 20-CV-782 (DMS) (AHG), 2020 WL 2315807 at *3 (S.D. Cal. May 9, 2020), the claims “cannot be characterized as a ‘habeas corpus proceeding challenging the fact or duration of confinement in prison,’” id. (quoting 18 U.S.C. § 3626(g)(2)), and are subject to the PLRA. Pursuant to Section 3626 of the PLRA, this Court cannot order the release relief sought by the Petition. It must accordingly dismiss the Petition’s claims for inmate releases for failure to state a legally cognizable claim.
1 Petitioner Jonathan Medina filed a notice of voluntary dismissal on May 18, 2020. See Not. Vol. Dismissal (ECF No. 41).

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The Court should also dismiss the Petition’s claims for the MCC to release inmates to home confinement because BOP’s home confinement decisions are not subject to judicial review. Pursuant to 18 U.S.C. § 3621, BOP “shall designate the place of the prisoner’s imprisonment,” and this designation “is not reviewable by any court.” Id. § 3621(b). Although Section 3621 does not specify whether home confinement is a “place of the prisoner’s imprisonment” under the statute, this Court should follow precedent from this circuit and others regarding the application of this provision to non-prison settings, and hold that a district court cannot review BOP’s exercise of discretion in deciding whether to release inmates to home confinement.
Finally, considerations of comity require this Court to dismiss the Petition’s inmate release claims to avoid inappropriate collateral attack and inconsistent rulings. Petitioners, like all other MCC inmates, may seek individualized release determinations as part of their criminal proceedings. Permitting Petitioners, some whom were already denied release in such proceedings, to pursue a second bite at the apple through the Petition improperly transforms this Court into “an appellate tribunal to review a possible error by the trial judge.” Medina v. Choate, 875 F.3d 1025 (10th Cir. 2017). Such a result must be avoided, and the Court should dismiss the Petition’s claims for release on this additional ground.
BACKGROUND I. ALLEGATIONS OF THE PETITION
The Petition alleges that, as “a result of the jail’s delayed and patently inadequate response to the COVID-19 pandemic,” “[a]n unprecedented health crisis is unfolding at the MCC.” Pet. ¶ 1. It further claims that the “MCC’s treatment of those suspected of having COVID-19 is as ill-conceived as it is inhumane,” id.¶ 3, and that the MCC has neither taken “obvious, common-sense health and hygiene measures crucial to reducing the spread of the
2

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virus,” id. ¶ 4, nor adequately addressed “the extreme overcrowding of its facility . . . despite ample tools to do so.” Id.
The Petition specifically alleges that the MCC has failed to take certain appropriate measures to protect inmates from COVID-19, such as: (1) failing to act upon its authority to release inmates who are particularly vulnerable to COVID-19, id. ¶¶ 43-44; (2) housing inmates in conditions that make it impossible for them to maintain a six-foot distance from others, id. ¶ 50; (3) failing to provide sufficient hygiene materials, such as soap and face masks, id. ¶ 53, or to adequately sanitize toilets, sinks, showers, phones, and computer terminals shared by many inmates, id. ¶ 54; (4) engaging in inadequate testing to prevent the further spread of COVID-19, id. ¶¶ 59, 61-63; and (5) failing to identify and adequately treat inmates who contract COVID19, id. ¶ 75. As a result of these alleged failings, the Petition alleges that the MCC has “jeopardized the health and safety of the entire population under its care, including 205 inmates . . . whom the MCC has determined are especially vulnerable to COVID-19 based on CDC [Centers of Disease Control and Prevention] criteria.” Id. ¶ 6. While Respondent will address these allegations separately and does not concede their accuracy, they are assumed to be true for purpose of this motion. See Littlejohn v. City of N.Y., 795 F.3d 297, 306 (2d Cir. 2015) (“On a motion to dismiss, all factual allegations in the complaint are accepted as true and all inferences are drawn in the plaintiff’s favor”).
The Petition seeks as several forms of relief changes to the prevention methods, sanitation and hygiene practices, and medical treatment undertaken by the MCC in response to the COVID-19 pandemic. Pet. Prayer for Relief, ¶ (iii)(a)-(c). As relevant to this motion, however, the Petition also seeks “release from MCC confinement, with such conditions as may be appropriate, of Petitioners and Class members (i) who are eligible for release pursuant to the
3

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BOP’s statutory authority or directives issued by Attorney General Barr; or (ii) for whom release (either temporary or permanent) is otherwise reasonable under the extraordinary circumstances of the COVID-19 pandemic.” Id. ¶ (iii)(d). II. PETITIONERS’ MOTIONS FOR RELEASE IN THEIR CRIMINAL PROCEEDINGS
In addition to seeking their release from this Court, three of the Petitioners (FernandoRodriguez, Hatcher, and Woodson),2 have also sought various types of release from the district court judges presiding over their criminal cases. A. Petitioner Fernandez-Rodriguez
Fernandez-Rodriguez is a pretrial detainee held at the MCC, Pet. ¶ 9, facing two parallel proceedings in this district: (1) a criminal case under docket 20 Cr. 43 (GBD) involving one count of conspiracy to distribute one kilogram and more of heroin, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A); and (2) a violation of supervised release proceeding under docket number 14 Cr. 383 (GBD). See United States v. Fernandez-Rodriguez, 20 Cr. 43 (GBD) (ECF No. 1), and United States v. Fernandez-Rodriguez, 14 Cr. 383 (GBD) (ECF No. 70).
On March 31, 2020, Fernandez-Rodriguez’s criminal defense counsel submitted a letter motion to Judge George B. Daniels of this District seeking extraordinary release on bail in light of concerns relating to COVID-19. See Req. for Release on Bail, Mar. 31, 2020, United States v. Fernandez-Rodriguez, 20 Crim. 43 (GBD) (ECF No. 20) . The motion argued that the Sixth Amendment and Due Process Clause mandated Fernandez-Rodriguez’s release because the COVID-19 pandemic presented a grave harm that outweighed the Government’s interest in his continued detainment. Id. at 13-18. The motion claimed that the MCC was “a high-risk setting for infectious diseases even when there is no worldwide pandemic,” id., and specifically alleged
2 It does not appear that the fourth remaining named petitioner, Rober Galvez-Chimbo, has made any request for extraordinary release as of the date of this filing.
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that: (1) the MCC had not done sufficient testing for COVID-19, id.; (2) the MCC’s pandemic protocols addressed only symptomatic detainees, id.; (3) insufficient hygiene measures existed to address contagion concerns, including a lack of soap and face masks for inmates, id. at 6-7; (4) frequent movements of inmates between units could spread the virus, id. at 7; (4) and the MCC had failed to apply recommendations of the CDC to prevent the spread of COVID-19, id. Fernandez-Rodriguez asserted that he suffered from chronic asthma and had been identified by the MCC as a vulnerable inmate under CDC guidelines, and was thus entitled to release on bail. Id. at 8.
The Government opposed Fernandez-Rodriguez’s motion, arguing that FernandezRodriguez’s release posed substantial danger to the safety of the community and a risk of flight. See Letter from J. Fiddelman to Hon. George B. Daniels, Apr. 1, 2020 (ECF No. 25) at 4. The Government specifically asserted that “[t]he criminal conduct at issue in this case and the defendant’s history of trafficking in kilogram quantities of narcotics demonstrates the degree of danger he poses to society.” Id. On April 7, 2020, Judge Daniels denied Fernandez-Rodriguez’s request for bail, see Order, Apr. 7, 2020 (ECF No. 27). B. Petitioner Sharon Hatcher
Judge Katherine Polk Failla of this District sentenced Hatcher on March 10, 2020, to fifty-two months of imprisonment after Hatcher plead guilty to one count under 21 U.S.C. § 846, conspiracy to distribute narcotics. See Criminal Judgment, March 10, 2020, United States v. Hatcher, 18 Cr. 454 (KPF) (ECF No. 193). Shortly thereafter, Hatcher filed an emergency motion for compassionate release. Emergency Mot. Compassionate Release, Apr. 5, 2020 (ECF No. 204). It requested that Hatcher be immediately released to home confinement pursuant to 18 U.S.C. § 3582(c)(1)(A) due to “extraordinary and compelling reasons” relating to the COVID-19 pandemic, or, in the alternative, be released on bail pending her designation pursuant to 18
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U.S.C. § 3141(b) to the prison where she will serve her sentence. Id. The Government opposed both requests. See Letter from F. Balsamello, Apr. 8, 2020 (ECF No. 208).
Although the Government argued in its opposition that the Court could not consider the merits of Hatcher’s motion because she had not satisfied the exhaustion requirement of 18 U.S.C. § 3582, id. at 1-5, the Government noted in its papers that Hatcher’s “tragic” personal circumstances bore “directly on the question of whether releasing this defendant today would in fact be compassionate.” Id. at 9. Specifically, the Government pointed out that, at her sentencing, Hatcher “acknowledged needing significant drug and mental health treatment, which she has never received and never would receive if on her own,” and further noted that, at sentencing, her counsel stated that Hatcher “actually has been getting much better medical treatment at the MCC than she got when she was actually out on the streets.” Id. (quoting Tr. At 6).
On April 8, 2020, Judge Failla ordered the parties to submit supplemental letter briefs addressing whether the Court had the legal authority to temporarily release a defendant from custody until the threat posed by COVID-19 subsided. See Order, Apr. 8, 2020 (ECF No. 209). At a subsequent telephonic conference on April 16, 2020, the Court held that it could not address Hatcher’s request for compassionate release because she had not exhausted her administrative remedies, a requirement that could not be waived by the Court. Apr. 16, 2020, Hearing Transcript at 12:19-25 (ECF No. 234). The Court further indicated that it did not have the authority to “grant or to craft a new sentence that would allow temporary release and then remand.” Id. at 15:22-16:2. Although the Court stated during the conference that it was “uncomfortable” making a recommendation for BOP to consider furlough for Hatcher “because I don’t know what the plan is for Ms. Hatcher’s release,” id. at 18:15-21, it indicated it could be
6

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receptive to making such a recommendation “if only I knew or had a better sense of where things were.” Id. The Court then issued an order denying Hatcher’s motion “for the reasons given on the record during the telephonic hearing.” Order, Apr. 16, 2020 (ECF No. 233). C. Petitioner James Woodson
Woodson was sentenced by Judge Kevin Castel of this District on November 26, 2019 for one count under 18 U.S.C. § 1347, health care fraud, and was sentenced to one year and one day of imprisonment. United States v. Woodson, 18 Cr. 845 (PKC). According to the Petition, he is currently scheduled for release in December 2020. See Pet. ¶ 13.
On March 25, 2020, Woodson, by his counsel, the Federal Defenders of New York, filed an Emergency Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(1)(A). Mot. Sent. Red., Mar. 31, 2020, (ECF No. 44). In that motion, Woodson requested that he be resentenced to time served, or, in the alternative, that he be permitted to serve the remaining eight months of his custodial sentence in home confinement. Id. at 2. The motion described Woodson’s health problems, id. at 6, and attached an affidavit from Jonathan Giftos, M.D., id. (who has also submitted an affidavit supporting the Petition in this case). See ECF No. 8. Dr. Giftos’ affidavit in support of Woodson’s motion addressed: the state of the COVID-19 pandemic in New York City, Aff. J. Giftos, Mar. 31, 2020, (ECF No. 44-1) at 2; populations at greater risk of serious health effects from the virus, id. at 4; increased risks of transmission in correctional settings, id. at 5; specific conditions at the MCC, id. at 7; and the public health reasons to reduce the population size at specific corrections facility. Id. at 11. The motion further claimed that MCC inmates did not have adequate access to protective gear or hygiene supplies, and thus that Woodson faced a severe risk of contracting COVID-19. Mot. Sent. Red., Mar. 31, 2020 (ECF No. 44) at 13.
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The Government opposed Woodson’s motion, see Letter from L. Pellegrino, Woodson, 18 Cr. 845 (PKC) (ECF No. 50), and Woodson filed a reply in response. Reply, Mar. 31, 2020, Woodson, 18 Cr. 845 (PKC) (ECF No. 49).
On April 6, 2020, the Court denied Woodson’s motion without prejudice because he had failed to exhaust his administrative remedies. Order, Apr. 6, 2020 (ECF No. 53). Woodson renewed his motion on April 26, 2020. Letter from S. Baumgartel, Apr. 26, 2020 (ECF No. 58). The Government opposed the renewed motion, and Woodson filed a reply letter brief. Letter from S. Baumgartel, Apr.30, 2020, (ECF No. 61).
After oral argument, Judge Castel denied Woodson’s motion for compassionate release. See United States v. Woodson, 18 Cr. 845 (PKC), 2020 WL 2114770 (S.D.N.Y. May 4, 2020). In denying Woodson’s motion, Judge Castel reviewed: the crime to which Woodson had pled guilty, fraudulently obtaining and filling hundreds of prescriptions for antiretroviral medications, id. at *2; Woodson’s ongoing struggle with drug addiction even while under pretrial supervision, and his initial failure to surrender himself to the BOP, id.; the health conditions that Woodson alleged made him more susceptible to dire consequences should he become infected by COVID19, including asthma, chronic viral hepatitis b, hypertension, and HIV, id.; and the alleged deficiencies at the MCC relating to COVID-19 testing, inmate separation, and inmates’ access to personal protective equipment and hygiene supplies. Id.
The Court assumed for purposes of its decision that Woodson could be “at a greater risk of exposure to the virus than he would be if he were at liberty or on home confinement,” id. but found that “there are a host of relevant section 3553(a) factors that make Woodson a poor candidate for sentence reduction,” Id. at *4. These factors included that Woodson had served less than 30% of his sentence, id., and that his crime was “richly deserving of just punishment,” and
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“was not a one-time error in judgment but a way of life that required effort, planning, and ingenuity.” Id. The Court further held that “[s]upervising Woodson on home confinement with location monitoring would greatly tax the resources of the Office of Probation because it would require an officer to distinguish between needed in-person, telephonic, or virtual medical visits and pharmaceutical orders and those that might reflect a resumption of the pattern of criminal deception,” and “[n]either the BOP nor the Office of Probation is in a position to serve as an intermediary in the on-going dispensing of pharmaceuticals, beyond an initial 30-day supply.” Id. The Court thus held that “there are not extraordinary and compelling reasons to reduce Woodson’s sentence.” Id. at *5. III. STATUTORY CONTEXT OF INMATE RELEASE CLAIMS
A. Section 3626 of the Prison Litigation Reform Act Section 3626 of the PLRA provides that “[p]rospective relief in any civil action with
respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs.” 18 U.S.C. § 3626(a)(1)(A). The statute further provides that “[i]n any civil action with respect to prison conditions, no court shall enter a prisoner release order unless—(i) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order; and (ii) the defendant has had a reasonable amount of time to comply with the previous court orders.” Id. § 3626(a)(3)(A).
While the definition of a “civil action with respect to prison conditions” excludes “habeas corpus proceedings challenging the fact or duration of confinement in prison,” id. § 3626(g)(2), the statute broadly defines the term as “any civil proceeding arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison.” Id. The statute further defines a “prisoner release order” as
9

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“any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison.” Id. § 3626(g)(4).
Insofar as Section 3626’s pre-conditions for a prisoner release order have been met, namely that the respondent prison has failed to comply in a reasonable time to prior orders, Section 3626 additionally requires that “a prisoner release order shall be entered only by a threejudge court in accordance with [28 U.S.C. § 2284],” Id. § 3626(a)(3)(B). The three-judge court must then determine whether clear and convincing evidence establishes that: (i) crowding is the primary cause of the violation of a Federal right; and (ii) no other relief will remedy the violation of the Federal right. Id. § 3626(a)(3)(E)
B. Statutes Governing Inmates’ Release from BOP Custody The MCC houses inmates who are in various stages of criminal proceedings. Some
inmates, like Fernandez-Rodriguez, are pretrial defendants. See Pet. ¶ 9. Others, like GalvezChimbo, have either pled guilty or been found guilty at trial, but remain at the MCC awaiting sentencing. See id. ¶¶ 10, 12. Still others, like Hatcher and Woodson, have already been sentenced for their crimes. See id. ¶¶ 11, 13. Although the MCC has physical custody of each category of inmate, the statutory provisions governing the legal authorities to release such individuals, and BOP’s authority in that regard, differ substantially based on the status of the inmates’ criminal proceedings.
1. Release of Defendants Awaiting Trial or Sentencing By statute, BOP has no authority to release federal inmates awaiting trial or sentencing. See 18 U.S.C. § 3141 et seq. The authority to release such individuals rests solely with the district court presiding over the inmate’s criminal case. See id. The sole avenue for such inmates to seek release prior to trial or sentencing is to file a motion with the district court. In addition to
10

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standard motions for pretrial release, 18 U.S.C. § 3142(b), post-conviction release, id. § 3143, and bail pending appeal, 18 U.S.C. § 3143(b)(1), a pretrial defendant may also seek release under 18 U.S.C. 3142(i), which provides that a “judicial officer may . . . permit the temporary release of [a] person, in the custody of the United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary . . . for another compelling reason.” Id. § 3142(i).
2. Release of Sentenced Defendants BOP does, however, have certain authority to release sentenced defendants from federal custody through either “compassionate release” or a “release to home confinement.” See id. § 3582(c)(1) (compassionate release for inmates sentenced after November 1, 1987); id. § 3624(c)(2) (BOP’s home confinement authority); 34 U.S.C. § 60541 (federal prisoner reentry initiative). Although these two types of release from custody are similar, they arise from separate statutory authorities and are legally distinct. With respect to “compassionate release”—which is a reduction of an inmate’s remaining sentence—the release authority ultimately resides with the inmate’s sentencing judge. See 18 U.S.C. § 4205(g) (authorizing the court to reduce any minimum term to the time the defendant has served); id. § 3582(c)(1) (authorizing the court to reduce the term of imprisonment). Although BOP may file a motion requesting compassionate release for an inmate, it lacks the authority to actually release a sentenced defendant without a court order. Id. BOP does have discretion, however, to permit a sentenced defendant to serve out the remainder of his sentence in home confinement. See id. § 3624(c)(2) (authorizing BOP to place a prisoner in home confinement for the shorter of 10% of the sentence or 6 months); 34 U.S.C. § 60541(g) (authorizing BOP to release eligible elderly or terminally ill inmates to home detention). Home confinement differs from compassionate release in that an inmate released to
11

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such confinement must still serve the remainder of his sentence, but is permitted to serve this sentence at home rather than in a correctional institution.
3. Inmate Releases Following the COVID-19 Pandemic On March 27, 2020, in response to the COVID-19 pandemic, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, 134 Stat. 281 (Mar. 27, 2020), which authorized the Attorney General, upon a finding of emergency conditions that materially affect BOP’s functioning, to expand the cohort of inmates eligible to be considered for home confinement. On April 3, 2020, Attorney General Barr made a finding of emergency conditions and authorized BOP to maximize transfers to home confinement of appropriate inmates held at facilities where the agency determined that COVID-19 was materially affecting operations.
ARGUMENT I. Section 3626 Precludes This Court from Releasing Inmates
With regard to the remaining Petitioners, the Court should dismiss the portion of the Petition that seeks a “prisoner release order,” see 18 U.S.C. § 3626(g)(4), because Section 3626 of the PLRA precludes this Court from granting such releases. Section 3626 limits district courts’ ability to order prisoner releases in cases, like this one, where inmates pursue civil claims “arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison.” Id. § 3626(g)(2). Prior to issuing “any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population,” id. § 3626(g)(4), this provision requires a district court to first “enter[] an order for less intrusive relief.” Id. § 3626(a)(3)(A). Only after “the defendant has had a reasonable amount of time to comply” with such an order and fails to do so, may the district court consider releasing inmates. Id. And even
12

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in such a circumstance, release orders may be entered only by “a three-judge court,” id. § 3626(a)(3)(B), which must first determine by clear and convincing evidence that: (i) crowding is the primary cause of the violation of a Federal right; and (ii) no other relief will remedy this violation. Id. § 3626(a)(3)(E).
By limiting district courts’ authority to release inmates, Section 3626 satisfies one of Congress’s purposes in enacting the PRLA, namely to “afford corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case.” Johnson v. Killian, 680 F.3d 234, 238 (2d Cir. 2012) (citations omitted). Minimizing judicial interference in prison administration is also consistent with Supreme Court precedent, which acknowledges that, in fulfilling “their obligation to enforce the constitutional rights of all persons, including prisoners,” courts must “be sensitive to the State’s interest in punishment, deterrence, and rehabilitation, as well as the need for deference to experienced and expert prison administrators faced with the difficult and dangerous task of housing large numbers of convicted criminals.” Brown v. Plata, 563 U.S. 493, 511 (2011).
Section 3626 clearly applies to the Petition’s claims for inmate release. The Petition is similar to a petition filed in the Southern District of California. See Alvarez v. Larose, 20-CV782 (DMS) (AHG), 2020 WL 2315807 (S.D. Cal. May 9, 2020). In that case, the petitioners, criminal defendants awaiting trial or sentencing at BOP’s Otay Mesa Detention Center (“OMDC”), made allegations similar to the Petition’s here about hygiene and health protocols as relate to COVID-19. Id. at *3. The district court held that Section 3626 applied because “Plaintiffs’ claims rest entirely on the conditions of the Otay Mesa facility.” Id. (petitioners’ claims, “under any good faith calculus, cannot be characterized as a ‘habeas corpus proceeding challenging the fact or duration of confinement in prison.’” (citing 18 U.S.C. § 3626(g)(2)). The
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court concluded that the petitioners’ “claims are based solely on the current conditions inside the OMDC given the COVID-19 pandemic,” because “unlike a claim concerning the fact of confinement, Plaintiffs’ claims would not exist but for their current conditions of confinement at Otay Mesa.” Id. (emphasis in original). This reasoning applies equally here. The Petition’s factual allegations also “focus exclusively on Defendants’ ‘actions and inactions’ concerning the ‘conditions of confinement,’” id., and Section 3626 thus requires dismissal of the claims for inmate releases.
Three recent decisions of other courts–the District of Connecticut, the Sixth Circuit, and the District of Massachusetts–are not to the contrary, and the United States is seeking a stay from the Supreme Court of the order at issue in the Sixth Circuit case. See Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS), 2020 WL 2405350 (D. Conn. May 12, 2020); Wilson v. Williams, No. 20-3447 (6th Cir. filed May 4, 2020) (ECF No. 23-2) (unpublished); Baez v. Moniz, Civil No. 20-10753-LTS, 2020 WL 2527865 (D. Mass. May 18, 2020). These decisions are distinguishable because in all three cases the petitioners claimed that nothing could resolve the alleged constitutional violations other than a release order. See Martinez-Brooks, 2020 WL 2405350 at *16 (“In short, Petitioners contend that . . . nothing short of an order ending their confinement . . . will alleviate th[e] [Eighth Amendment] violation.”); Wilson, ECF No. 23-2 at 3 (“Where a petitioner claims no set of conditions would be constitutionally sufficient, we construe the petitioner’s claim as challenging the fact of confinement.”); Baez, 2020 WL 2527865 at *2 (holding that petitioners had alleged that “[i]n these circumstances, release is the only means of protecting Petitioners . . . . “) (emphasis in original). In contrast, the Petition does not allege that releasing MCC inmates is the only remedy for the alleged constitutional violations. Rather, the Petition requests “improvements to the MCC’s testing, tracing, treatment, sanitation, isolation
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and other health-related conditions of confinement . . . for all who remain,” without identifying any inmates for whom such relief would be constitutionally insufficient. Pet. ¶ 7. Nowhere does the Petition claim that only release from incarceration would redress Petitioners’ alleged injuries, or indeed that there is any sub-class of MCC inmates for which this would be the case. This case is therefore distinguishable from Martinez-Brooks or Baez, in which petitioners alleged that no relief short of release could satisfy the constitutional claims, Martinez-Brooks, 2020 WL 2405350, at *16 and Baez, 2020 WL 2527865 at *2, and from Wilson, where petitioners sought release for a subclass of medically at-risk inmates for whom they alleged that only release would prevent constitutional injury. See Wilson, No. 20-03447 (ECF No. 23-2), at 3).
Section 3626 therefore precludes the Court from considering the Petition’s inmate release claims, and the Court should dismiss them on that basis. II. The Court Should Dismiss the Petition’s Inmate Release Claims Because They Infringe
on the Statutory Authority of the Bureau of Prisons and Sentencing Judges Even if this Court were not statutorily precluded from considering the inmate release
claims in the Petition, it should still dismiss them. BOP’s determinations regarding home confinement are not subject to judicial review, and entertaining inmate release claims in this case would facilitate inappropriate collateral attacks and/or inconsistent rulings.
A. The Court Must Dismiss Claims for Release to Home Confinement Because BOP’s Home Confinement Decisions Are Not Judicially Reviewable Because BOP’s decision whether to transfer an inmate to home confinement falls
squarely within its unreviewable authority to designate an inmate’s place of imprisonment, the Petitioners’ claims for release to home confinement must be dismissed. The relevant statute provides that BOP “shall designate the place of the prisoner’s imprisonment,” and this designation “is not reviewable by any court.” 18 U.S.C. § 3621(b). The Supreme Court has acknowledged that “[i]t is well settled that the decision where to house inmates is at the core of
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prison administrators’ expertise.” McKune v. Lile, 536 U.S. 24, 39 (2002). The practical reality is that prison administrators have finite resources for monitoring and providing case management to inmates. As these officials decide how best to direct their resources to satisfy the policy goals of incarceration and ensure public safety, courts defer to their knowledge and expertise. Cf. Thornburgh v. Abbott, 490 U.S. 401, 408 (1989) (“[T]his Court has afforded considerable deference to the determinations of prison administrators, who in the interest of security, regulate the relations between prisoners and the outside world.” (citation omitted)).
Although the statute does not define “place of imprisonment,” a Louisiana district court presiding over a challenge to the COVID-19 conditions at a federal prison recently noted that “[b]oth placement in a Residential Reentry Center (“RRC”) (more commonly known as a halfway house) and on home confinement are within the BOP’s discretion” under this provision. Livas v. Myers, No. 2:20-V-00422, 2020 WL 1939583 (W.D. La. Apr. 22, 2020). cf. United States v. Yates, No. 15-40063-01-DDC, 2019 WL 1779773, at *4 (D. Kan. Apr. 23, 2019) (“[I]t is BOP—not the courts—who decides whether home detention is appropriate.”); United States v. Gould, No. 7:05-CR-020-O, 2018 WL 3956941, at *1 (N.D. Tex. Jan. 17, 2018) (“[T]he BOP is in the best position to determine whether RRC/halfway house placement would be of benefit to [the defendant] and to society in general.”). Contra Martinez-Brooks, 2020 WL 2405350 at *15 (holding that Section 3621 is “not an obstacle” to issuance of temporary restraining order directing warden of FCI Danbury to take certain steps regarding home confinement referrals of at-risk subclass, where the petitioners alleged that release was the only relief that could remedy the alleged constitutional violations for this subclass).
Applying Section 3621 to BOP’s home confinement determinations is consistent with precedent from this District, along with several circuit courts of appeal, holding that “community
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confinement is ‘imprisonment’” under the statute. See Cato v. Menifee, No. 03 Civ. 5795 (DC), 2003 WL 22725524, at *4 (S.D.N.Y. Nov. 20, 2003) (collecting cases); Goldings v. Winn, 383 F.3d 17 (1st Cir. 2004) (holding that “[a] community correction center is a correctional facility” pursuant to 18 U.S.C. § 3621); Elwood v. Jeter, 386 F.3d 842, 847 (8th Cir. 2004) (holding that Section 3621(b) “gives the BOP the discretion to transfer prisoners to [community correction centers] at any time during their incarceration.”). Longstanding Second Circuit precedent that “[t]he BOP is the sole agency charged with discretion to place a convicted defendant within a particular treatment program or a particular facility,” Levine v. Apker, 455 F.3d 71, 83 (2d Cir. 2006) (citing United States v. Williams, 65 F.3d 301, 307 (2d Cir. 1995) (confinement to a particular facility or drug treatment program is “within the sole discretion of the Bureau of Prisons.”)), also supports reading Section 3621 as giving BOP unreviewable discretion in home confinement decisions.
Given Section 3621’s express prohibition against judicial review, and the clear precedent supporting home confinement as a “place of imprisonment” under the statute, the Court must dismiss the Petition’s claims seeking release to home confinement for this reason as well.
B. The Court Should Dismiss the Petition’s Release Claims Due to Comity Finally, this Court should dismiss the Petition’s release claims to avoid inconsistent
rulings and prevent inmates from inappropriately collaterally challenging the decisions of other courts. “Comity is a doctrine of ‘equitable restraint.’” Coors Brewing Co. v. Mendez-Torres, 678 F.3d 15, 28 (1st Cir. 2012). “When an injunction sought in one federal proceeding would interfere with another federal proceeding, considerations of comity require more than the usual measure of restraint, and such injunctions should be granted only in the most unusual cases.” Bergh v. Washington, 535 F.2d 505, 507 (9th Cir. 1976); see also Brittingham v. Comm’r, 451 F.2d 315, 318 (5th Cir. 1971) (“The proper exercise of restraint in the name of comity keeps to a
17

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minimum the conflicts between courts administering the same law, conserves judicial time and expense, and has a salutary effect upon the prompt and efficient administration of justice.”). Cf. Fair Assessment in Real Estate Ass’n, Inc. v. McNary, 454 U.S. 100, 108 (1981) (acknowledging the “traditional doctrine that courts of equity will stay their hand when remedies at law are plain adequate and complete.”).
Considerations of comity arise in this case and call for the exercise of equitable restraint as to the Petition’s inmate release claims. Depending on the status of their criminal proceedings, Petitioners and the putative class members may pursue release through a motion for bail or compassionate release addressed to the district court before which their criminal case is pending. Indeed, four of the five Petitioners have already pursued such alternative vehicles for release.
In the case of pretrial detainees, like Fernandez-Rodriguez, consideration of the Petition’s release claims would effectively constitute a collateral attack on the decision of the district court not to grant him bail, even in light of his allegations relating to MCC’s response to the COVID19 pandemic. Several circuits have held that a § 2241 habeas petition cannot seek release of a pretrial detainee, as the authority to order such release lies exclusively through the bail authority of the criminal district court. See Reese v. Warden, Phila. FDC, 904 F.3d 244, 247 (3d Cir. 2018) (“[F]ederal defendants who seek pretrial release should do so through the means authorized by the Bail Reform Act, not through a separate § 2241 action.”); Medina, 875 F.3d at 1029 (“[W]e now adopt the general rule that § 2241 is not a proper avenue of relief for federal prisoners awaiting federal trial.”); Williams v. Hackman, 364 Fed. App’x 268 (7th Cir. 2010) (“[A] federal pretrial detainee cannot use § 2241 to preempt the judge presiding over the criminal case.”).
With respect to sentenced inmates, entertaining release in this case runs the risk of creating inconsistent rulings. Woodson’s case illustrates how this risk is not merely academic. In
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lengthy submissions in support of his motion for compassionate release, Woodson repeatedly raised the same arguments he makes now. See United States v. Woodson, 18 Cr. 845 (PKC) (ECF Nos. 44, 49, 52, and 54). Woodson’s submissions even included an affidavit from a physician whose affidavit supports the Petition. Compare Mot. Sent. Red., Mar. 31, 2020, United States v. Woodson, 18 Cr. 845 (PKC) (ECF No. 44), and Aff. J. Giftos (ECF No. 8). In his thorough opinion denying Woodson’s motion for compassionate release, Judge Castel made clear that he weighed: (1) Woodson’s health conditions, Woodson, 2020 WL 2114770, at *2; (2) his elevated risk of serious illness or death if he were to be infected by the COVID-19 virus, id. at *3; (3) the alleged conditions at the MCC, id.; and (4) the increased risk continued incarceration poses to Woodson’s health and safety, id. After considering these factors with respect to Woodson individually, Judge Castel ultimately held that in light of “the nature and circumstances of [Woodson’s] crime, his history and characteristics, . . . and the danger to the community that he would pose if he were at liberty . . . there are not ‘extraordinary and compelling’ reasons to reduce Woodson’s sentence.” Id. at *5. Judge Castel also denied Woodson’s alternative motion to be transferred to a halfway house or home confinement on the grounds that “[s]upervising Woodson on home confinement with location monitoring would greatly tax the resources of the Office of Probation.” Id. at *4.
To the extent the Petition asks this Court to second-guess Judge Castel’s individualized assessment (and those of other sentencing judges) by reaching broad-brush conclusions on whether to release MCC inmates generally, this Court should decline to do so. Otherwise the Petition would violate the long established rule that “the writ of habeas corpus should not do service for an appeal.” United States v. Addonizio, 442 U.S. 178, 184 n.10 (1979) (citing Adams v. United States ex rel. McCann, 317 U.S. 269, 274 (1942)).
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The Court should thus dismiss all of the Petition’s release claims. To do otherwise would put this Court in the inappropriate position of second-guessing the rulings of sentencing judges considering individual applications or prematurely curtailing those courts’ ability to consider such applications when they are made in matters properly before them. Contra Baez, 2020 WL 2527865 at *3 (denying motion to dismiss on comity grounds because “to what extent any relief should be tailored to avoid conflict with orders of detention issued by other District Judges . . . . [is] not [an] issue[] justifying dismissal.”) To avoid inappropriate collateral attack and the risk of inconsistent rulings, the Court should thus dismiss the Petition’s release claims based on considerations of comity.
CONCLUSION For the foregoing reasons, the Court should dismiss in their entirety the Petition’s claims seeking the release of MCC inmates. Dated: New York, New York May 20, 2020
Respectfully submitted, GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent By: /s/ Jessica Jean Hu JEAN-DAVID BARNEA JESSICA JEAN HU ALLISON ROVNER Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Telephone: (212) 637-2679/2726/2691 Facsimile: (212) 637-2686 E-mail: jean-david.barnea@usdoj.gov
jessica.hu@usdoj.gov allison.rovner@usdoj.gov
20

 
 Case 1:20-cv-03315-ER Document 51 Filed 05/26/20 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
v.
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)
DECLARATION OF ARLO DEVLIN-BROWN

ARLO DEVLIN-BROWN declares pursuant to 28 U.S.C. § 1746: 1. I am a partner at Covington & Burling LLP, counsel to the Petitioners in this action. I am submitting this declaration to put documents before the Court in connection with Petitioners’ motion for a Preliminary Injunction in this case. This declaration is based on my personal knowledge and on information and documents in the possession of my firm. 2. Attached as Exhibit 1 is the expert report and declaration of Dr. Homer Venters. 3. Attached as Exhibits 2, 3, 4, and 5 are copies of the declarations that Petitioners Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, and James Woodson previously filed when this action was commenced on April 28, 2020. (These declarations are also available on the docket in this matter at ECF Nos. 9, 11, 12, and 14, respectively.) 4. Attached as Exhibits 6 through 34 are declarations from other current and former inmates at the MCC as set forth in the table below. These declarations describe the declarants’ experiences, and those of other inmates at the MCC, in the wake of the COVID-19 pandemic.

Case 1:20-cv-03315-ER Document 51 Filed 05/26/20 Page 2 of 3

Exhibit # 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Declaration of Vinicius Andrade
Declaration of Robert Barnes Declaration of Armando Beniquez Declaration of Randolph Bourgoin
Declaration of William Bradley Declaration of Terrell Brown Declaration of David Crosby Declaration of Franklyn Dansowah Declaration of Darius Davis Declaration of Tiffany Days Declaration of Manolo Dones Declaration of Michael Falu Declaration of Anthony Flynn Declaration of Carlos Garcia Declaration of Rodney Griffin Declaration of Chris Karimbux Declaration of Anthony Luna Declaration of Emil Matute Declaration of Richard Michel Declaration of Ahmad Jamal Naqvi Declaration of Carolyn Richardson Declaration of Adrienne Roberts Declaration of Joseph Schiliro
2

Date Executed May 15, 2020 May 18, 2020 May 26, 2020 May 18, 2020 May 20, 2020 May 15, 2020 May 26, 2020 May 21, 2020 May 11, 2020 May 18, 2020 May 20, 2020 May 8, 2020 May 15, 2020 May 13, 2020 May 20, 2020 May 19, 2020 May 18, 2020 May 20, 2020 May 18, 2020 May 12, 2020 May 18, 2020 May 22, 2020 May 18, 2020

Case 1:20-cv-03315-ER Document 51 Filed 05/26/20 Page 3 of 3

29

Declaration of Antonio Smith

May 22, 2020

30

Declaration of Jorge Soto

May 18, 2020

31

Declaration of Nicolas Sucich

May 13, 2020

32

Declaration of Tyler Toro

May 22, 2020

33

Declaration of Wilbert Turner

May 18, 2020

34

Declaration of Guillermo Zegarra-Martinez

May 18, 2020

I declare under penalty of perjury that the foregoing is true and correct. Executed at New York, New York this 26th day of May 2020.
s/ Arlo Devlin-Brown Arlo Devlin-Brown

3

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6LPLODUO\ 0U :LOEHUW 7XUQHU UHSRUWHG KLV WHPSHUDWXUH KDV QRW EHHQ FKHFNHG VLQFH HDUO\ $SULO See 'HYOLQ%URZQ'HFO([7XUQHU'HFO
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 See Symptoms of Coronavirus &'& KWWSVZZZFGFJRYFRURQDYLUXVQFRY V\PSWRPVWHVWLQJV\PSWRPVKWPOODVWUHYLHZHG0D\
 See Body Temperature Norms 0HGOLQH3OXV KWWSVPHGOLQHSOXVJRYHQF\DUWLFOH KWPODVWXSGDWHG0D\
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RI V\VWHPDWLF IODZ LQ WKLV SURFHVVSRWHQWLDOO\ WKH DFFXUDF\ RI WKH GHYLFHV EHLQJ XWLOL]HG RU WKH WUDLQLQJRIWKRVHDGPLQLVWHULQJWKHFKHFNV
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 'U %HDXGRXLQ WHVWLILHG WKDW DQ\ SHUVRQ ZKR ZDV IRXQG WR KDYH D IHYHU GXULQJ WKHLU VFUHHQLQJZRXOGDXWRPDWLFDOO\EHSODFHGLQLVRODWLRQDQGH[DPLQHG+HVWDWHGWKDW³>L@IVRPHERG\ KDVDIHYHU\HV3HUVRQKDVDIHYHUWKHQZHDUHJRLQJWRSXWKLPLQLVRODWLRQ:HDUHJRLQJWR H[DPLQHKLPWRR´.DOD'HFO([%HDXGRXLQ'HS7UDW:DUGHQ/LFRQ9LWDOH DOVR VWDWHG WKDW DQ\ LQPDWH ZKR LV GHWHUPLQHG WR KDYH V\PSWRPV RI &29,' LV LVRODWHG LPPHGLDWHO\See .DOD'HFO([/LFRQ9LWDOH'HS7UDW
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KHQHYHUVDZDGRFWRUSee 'HYOLQ%URZQ'HFO([%HQLTXH]'HFO:KLOHGHYHORSLQJ V\PSWRPV KLPVHOI 0U *XLOOHUPR =HJDUUD0DUWLQH] OLVWHQHG WR KLV FHOOPDWH ³DVN IRU KHOS DQG PHGLFDODWWHQWLRQRYHUDQGRYHUDQGRYHUDJDLQZLWKQRKHOSJLYHQ´ 'HYOLQ%URZQ'HFO([ =HJDUUD0DUWLQH]'HFO0U0LFKDHO)DOXUHIXVHGWRUHHQWHUKLVFHOOXQWLODOLHXWHQDQW HQVXUHGKLPWKDWKHZRXOGUHFHLYHPHGLFDODWWHQWLRQ,WVWLOOWRRNGD\VXQWLOKHUHFHLYHGDPHGLFDO YLVLWDQGHYHQZKHQKHGLGWKHGRFWRUZDVXQIDPLOLDUZLWKKLVFRPSODLQWVSee 'HYOLQ%URZQ 'HFO ([  )DOX 'HFO    6\PSWRPDWLF LQPDWHV VKRXOG EH SURPSWO\ WHVWHG DQG WHVWLQJ RI FORVHFRQWDFWVRISRVLWLYHFDVHVVKRXOGIROORZ$V,LQGLFDWHLQP\UHFRPPHQGDWLRQVEHORZWKH IROORZLQJJURXSVVKRXOGEHLPPHGLDWHO\SULRULWL]HGIRU&29,'WHVWLQJDW0&&
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VQXPEHURISRVLWLYHLQPDWHVKDVEHHQVXSSUHVVHGE\ DODFNRIWHVWLQJsee.DOD'HFO([/LFRQ9LWDOH'HS7UDWLWDSSHDUVWKH0&&LV
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DOVR QRW HYHQ HQJDJLQJ LQ FRQWDFW WUDFLQJ IRU V\PSWRPDWLF LQPDWHV HLWKHU see .DOD 'HFO ([  +D]HOZRRG'HS7U
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WEHLQJLQIRUPHG UHJXODUO\$WILUVWWKH$:,WKLQNZDVFRQWDFWLQJWKH+6$WRGRWKHFRQWDFWLQYHVWLJDWLRQ$QG WKHQDIWHUWKH+6$JRWVLFNDQGVKHZDVFRQWDFWLQJPHEXW,WKLQNVKHFRQWDFWHGPHOLNHWKUHHRU IRXU WLPHV WR GR VRPH FRQWDFW LQYHVWLJDWLRQ EXW IURP WKH FKDUW WKHUH DUH PDQ\ PRUH VWDII WKDW QHHGHGVRPHFRQWDFWLQYHVWLJDWLRQZKRWHVWHGSRVLWLYH´.DOD'HFO([%HDXGRXLQ'HS7UDW   +H DOVR DJUHHG WKDW WKHUH LV QR DFWXDO SROLF\ RU SURWRFRO IRU FRQWDFW WUDFLQJ LQ WKH 0&&DQGODWHUDGPLWWHGWKHUHLVDQHHG³WRWLJKWHQXSRQWKHFRQWDFWLQYHVWLJDWLRQ´Id. DW 
 ,W LV DOVR DSSDUHQW WKDW VWDII PHPEHUV H[SRVHG WR &29,' SRVLWLYH VWDII RU LQPDWHVDUHH[SHFWHGWRFRQWLQXHZRUNLQJDWOHDVWLQVRPHFDVHVZKHQV\PSWRPDWLFRUSRVLWLYHIRU &29,'WKXVDPSOLI\LQJWKHULVNRIWKHLQIHFWLRQVSUHDGLQJSee .DOD'HFO([%HDXGRXLQ 'HS7UDW'U%HDXGRXLQLGHQWLILHGPXOWLSOHLQVWDQFHVLQZKLFKVWDIIFRQWLQXHGWRZRUN LQWKH0&&GHVSLWHKDYLQJ&29,'V\PSWRPVRUDSRVLWLYHWHVWSee id.+HDOVRQRWHGWKDWDQ LQGLYLGXDOZKRKDVEHHQH[SRVHGWRVRPHRQHZLWK&29,'V\PSWRPVVKRXOGTXDUDQWLQHIRU GD\VEXWDFNQRZOHGJHGWKDWWKLVVWDQGDUGKDVQRWEHHQPHWIRUVWDIIPHPEHUVZKRDUHH[SHFWHG WR FRQWLQXH ZRUNLQJ HYHQ LI WKH\ KDYH EHHQ H[SRVHG WR DQRWKHU VWDII PHPEHU ZKR KDV WHVWHG SRVLWLYHXQOHVVWKH\WKHPVHOYHVGHYHORSV\PSWRPVSee idDW
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 7KH,QDGHTXDWH6LFN&DOO6\VWHP  ,QDGGLWLRQWRSURDFWLYHO\VFUHHQLQJLQPDWHVLWLVFUXFLDOWKDWWKH0&&SURYLGHWKHP ZLWK D ZD\ RI UHSRUWLQJ LOOQHVV SRWHQWLDOO\ UHODWLQJ WR &29,' DQG WKDW LW HQVXUH WKDW VXFK UHSRUWVDUHSURPSWO\DFWHGXSRQ+RZHYHU,KDYHIRXQGWKDWWKHVLFNFDOOV\VWHPDWWKH0&&LV V\VWHPDWLFDOO\ GHILFLHQW DQG VHUYHV DV D EDUULHU WR DGHTXDWH FDUH DQG DQ DGHTXDWH &29,' UHVSRQVH  ,WLVFULWLFDOIRUFRUUHFWLRQDOIDFLOLWLHVWRLPSOHPHQWDQHIIHFWLYH³VLFNFDOO´V\VWHP WR HQVXUH WKDW SHRSOH ZKR DUH LOO RU KDYH PHGLFDO FRQFHUQV FDQ UHFHLYH WLPHO\ DQG FOLQLFDOO\ FRPSHWHQW DVVHVVPHQWV DQG WUHDWPHQW  7KLV V\VWHP VKRXOG EH RSHUDWHG VR WKDW ZKHQ D SHUVRQ UHSRUWVDKHDOWKSUREOHPWKHUHTXHVWIRUPHGLFDOFDUHLVUHFRUGHGDQGWKHLQGLYLGXDOLVDVVHVVHGE\ DQXUVHRUSK\VLFLDQZLWKLQKRXUV7KLVEHVWSUDFWLFHLVLGHQWLILHGE\WKH1DWLRQDO&RPPLVVLRQ RI &RUUHFWLRQDO +HDOWK &DUH DV D EDVLF HOHPHQW RI HQVXULQJ WKDW VLFN SDWLHQWV GR QRW GHWHULRUDWH DORQHLQFHOOVRUKRXVLQJDUHDVDQGGLHZLWKRXWUHFHLYLQJFDUH7KLVVWDQGDUGRIFDUHUHOLHVRQD GDLO\ UHYLHZ RI SDSHU DQG HOHFWURQLF VLFNFDOO VXEPLVVLRQV E\ WKHFRUUHFWLRQDO KHDOWK DXWKRULW\ 7KDWUHYLHZPXVWEHGRFXPHQWHGDQGWKHQWKHUHFRUGVRIWKHRULJLQDOVLFNFDOOUHTXHVWVPXVWEH UHWDLQHGZKHWKHULQDFHQWUDOORFDWLRQRUWKHSHUVRQDOPHGLFDOUHFRUGVRIWKHSDWLHQWV  7KLVEDVLFDSSURDFKWRVLFNFDOOVEHFRPHVHYHQPRUHFULWLFDOGXULQJDQRXWEUHDNRI FRPPXQLFDEOHGLVHDVHZKHQWKHIDFLOLW\PXVWZRUNWRTXLFNO\LGHQWLI\QHZV\PSWRPDWLFVWDIIDQG LQPDWHVERWKWRHQVXUHSURPSWWUHDWPHQWDVZHOODVWRWUDFNDQGPLWLJDWHWKHVSUHDGRIWKHRXWEUHDN WKURXJKRXWWKHIDFLOLW\2QDQRSHUDWLRQDOOHYHOWKLVPHDQVWKDWHYHU\GD\QXUVLQJVWDIIVKRXOG UHYLHZ DOO VLFN FDOO UHTXHVWV DV WKH\ VKRXOG DOZD\V ZLWK D OLVW RI V\PSWRPV UHODWLQJ WR WKH RXWEUHDN  7KHQ DQ\ VLFN FDOO UHTXHVWV ZLWK WKHVH V\PSWRPV VKRXOG UHVXOW LQ D UHIHUUDO IRU DSSURSULDWHFOLQLFDODVVHVVPHQWVDQGWKHHQWU\RIWKRVHV\PSWRPVDQGWKHLQPDWH¶VORFDWLRQLQWRD GDWDEDVHRUVSUHDGVKHHWXVHGWRWUDFNWKHRYHUDOOVSUHDGRIGLVHDVHV\PSWRPVLQWKHIDFLOLW\
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Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 17 of 51
 0&& $FWLQJ &OLQLFDO 'LUHFWRU 'U 5REHUW %HDXGRXLQ KDV DFNQRZOHGJHG LQ KLV WHVWLPRQ\WKDWDQ\RQHZKRVXEPLWWHGDVLFNFDOOUHTXHVWZLWKDQ\V\PSWRPRI&29,'VKRXOG EHVHHQLPPHGLDWHO\See .DOD'HFO([%HDXGRXLQ'HS7U. DW+RZHYHUKLV WHVWLPRQ\UHJDUGLQJWKHVLFNFDOOSURFHVVSURYLGHVDFOHDUDQGFRQFHUQLQJDFFRXQWRIWKHPXOWLSOH GHILFLHQFLHVLQWKH0&&VLFNFDOOV\VWHPDQGKRZWKHVHGHILFLHQFLHVGULYHDODFNRIDZDUHQHVVRU FDUHIRUGHWDLQHGSHRSOHZLWK&29,'
 'U%HDXGRXLQUHSRUWVWKUHHZD\VLQZKLFKVLFNFDOOUHTXHVWVFDQEHUHTXHVWHGYLD YHUEDOUHTXHVWZULWWHQSDSHUUHTXHVWDQGHOHFWURQLFUHTXHVWSee .DOD'HFO([%HDXGRXLQ 'HS7UDW+HUHSRUWHGWKDWWKHUHDUHQRJXLGHOLQHVRUWUDFNLQJIRUWKHQXPEHURIRU UHVSRQVHVWRYHUEDOUHTXHVWVRUHYHQDUHFRUGDVWRZKHWKHUVXFKUHTXHVWVDUHPDGHSee id. DW )RUHOHFWURQLFUHTXHVWVKHLQGLFDWHVWKDWHLWKHUDQXUVHRUWKHKHDOWK VHUYLFHV DGPLQLVWUDWRU +6$ LV GHVLJQDWHG WR UHYLHZ WKHP  See id. DW   +H DOVR UHSRUWHGWKDWSDSHUVLFNFDOOUHTXHVWVZHUHQRWUHWDLQHGEXWVKUHGGHGDQGWKDWWKHUHVSRQVHZDVWR YLHZWKHPVFKHGXOHDQHQFRXQWHUDQGWKHQVKUHGWKHSDSHUUHTXHVWSee id.DW$VD UHVXOWWKHUHZRXOGEHQRUHFRUGRIWKHRULJLQDOUHTXHVWDQGLIQRDSSRLQWPHQWZDVVFKHGXOHGWKHUH ZRXOGEHQRUHFRUGRIWKHSDWLHQW¶VUHTXHVWIRUFDUHRUUHSRUWLQJRIV\PSWRPV%RWK:DUGHQ0DUWL /LFRQ9LWDOH DQG $FWLQJ :DUGHQ 5REHUW +D]HOZRRG VWDWHG LQ WKHLU GHSRVLWLRQV WKDW WKH\ ZHUH XQDZDUHWKDWSDSHUVLFNFDOOUHTXHVWVZHUHEHLQJGHVWUR\HGSee .DOD'HFO([/LFRQ9LWDOH 'HS7UDW.DOD'HFO([+D]HOZRRG'HS7UDW
 ,QIRUPDWLRQ , KDYH JDWKHUHG IURP P\ WRXU RI WKH 0&& DQG UHYLHZ RI DYDLODEOH LQIRUPDWLRQLQGLFDWHVWKDWYLUWXDOO\DOORIWKHVHVWHSVRIVLFNFDOODUHEURNHQRUJURVVO\GHILFLHQWLQ WKH 0&&  7KLV KDV UHVXOWHG LQ WKH FXUUHQW VLWXDWLRQ ZKHUHLQ PDQ\ SHRSOH FDQQRW UHSRUW WKHLU &29,'V\PSWRPVYLDVLFNFDOORUZKHQWKH\GRWKHUHLVQRDSSURSULDWHUHVSRQVH
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Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 18 of 51
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D 6FUHHQLQJRIDOOLQPDWHVIRU&29,'VLJQVDQGV\PSWRPVRQDWZLFHGDLO\EDVLV LI WKH\ DUH LQ LVRODWLRQ RU TXDUDQWLQH DQG RQ D WZLFHZHHNO\ EDVLV RWKHUZLVH ,QPDWHVVKRXOGDOVREHSURYLGHGZLWKDGDLO\RSSRUWXQLW\WRUHSRUWDQ\V\PSWRPV RI&29,'DQGUHFRUGVRIWKRVHUHSRUWVVKRXOGEHPDLQWDLQHG
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I $GRSWLQJDVWDQGDUGL]HG&29,'VXUYHLOODQFHWRROZKLFKLQFOXGHV&29,' V\PSWRPVDQGVLJQVLQFOXGLQJWHPSHUDWXUHFKHFNVWREHDGPLQLVWHUHGWZLFHGDLO\ E\PHGLFDOVWDIIWRDOOLQFDUFHUDWHGSHUVRQVLQTXDUDQWLQHDQGLVRODWLRQDQGWREH DGPLQLVWHUHGWZLFHZHHNO\E\PHGLFDOVWDIIWRDOORWKHULQPDWHV
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Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 36 of 51
APPENDIX A

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

______________________________________________________ __

HEALTH ADMINISTRATOR

PHYSICIAN

EPIDEMIOLOGIST

Professional Profile

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

Medical/Forensic Expert, 3/2016-present o Review COVID-19 policies and procedures in detention settings. o Conduct analysis of health services and outcomes in detention settings. o Conduct site inspections and evaluations in detention settings. o Produce expert reports, testimony regarding detention settings.
President, Community Oriented Correctional Health Services (COCHS), 1/1/20204/30/20. o Lead COCHS efforts to provide technical assistance, policy guidance and research
regarding correctional health and justice reform. o Oversee operations and programmatic development of COCHS o Serve as primary liaison between COCHS board, funders, staff and partners.
Senior Health and Justice Fellow, Community Oriented Correctional Health Services (COCHS), 12/1/18-12/31/2018 o Lead COCHS efforts to expand Medicaid waivers for funding of care for detained
persons relating to Substance Use and Hepatitis C. o Develop and implement COCHS strategy for promoting non-profit models of
diversion and correctional health care.
Director of Programs, Physicians for Human Rights, 3/16-11/18. o Lead medical forensic documentation efforts of mass crimes against Rohingya and
Yazidi people. o Initiate vicarious trauma program. o Expand forensic documentation of mass killings and war crimes. o Develop and support sexual violence capacity development with physicians, nurses

Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 38 of 51
and judges. o Expand documentation of attacks against health staff and facilities in Syria and
Yemen.
Chief Medical Officer/Assistant Vice President, Correctional Health Services, NYC Health and Hospitals Corporation 8/15-3/17.
o Transitioned entire clinical service (1,400 staff) from a for-profit staffing company model to a new division within NYC H + H.
o Developed new models of mental health and substance abuse care that significantly lowered morbidity and other adverse events.
o Connected patients to local health systems, DSRIP and health homes using approximately $5 million in external funding (grants available on request).
o Reduced overall mortality in the nation’s second largest jail system. o Increased operating budget from $140 million to $160 million. o Implemented nation’s first patient experience, provider engagement and racial
disparities programs for correctional health.
Assistant Commissioner, Correctional Health Services, New York Department of Health and Mental Hygiene, 6/11-8/15.
o Implemented nation’s first electronic medical record and health information exchange for 1,400 staff and 75,000 patients in a jail.
o Developed bilateral agreements and programs with local health homes to identify incarcerated patients and coordinate care.
o Increased operating budget of health service from $115 million to $140 million. o Established surveillance systems for injuries, sexual assault and mental health that
drove new program development and received American Public Health Association Paper of the Year 2014. o Personally care for and reported on over 100 patients injured during violent encounters with jail security staff.
Medical Director, Correctional Health Services, New York Department of Health and Mental Hygiene, 1/10-6/11.
o Directed all aspects of medical care for 75,000 patients annually in 12 jails, including specialty, dental, primary care and emergency response.
o Direct all aspects of response to infectious outbreaks of H1N1, Legionella, Clostridium Difficile.
o Developed new protocols to identify and report on injuries and sexual assault among patients.
Deputy Medical Director, Correctional Health Services, New York Department of Health and Mental Hygiene, 11/08-12/09.
o Developed training program with Montefiore Social internal medicine residency program.
o Directed and delivered health services in 2 jails.
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Clinical Attending Physician, Bellevue/NYU Clinic for Survivors of Torture, 10/0712/11.
Clinical Attending Physician, Montefiore Medical Center Bronx NY, Adult Medicine, 1/08-11/09.
Education and Training
Fellow, Public Health Research, New York University 2007-2009. MS 6/2009 Projects: Health care for detained immigrants, Health Status of African immigrants in NYC. Resident, Social Internal Medicine, Montefiore Medical Center/Albert Einstein
University7/2004- 5/2007. M.D., University of Illinois, Urbana, 12/2003. M.S. Biology, University of Illinois, Urbana, 6/03. B.A. International Relations, Tufts University, Medford, MA, 1989.
Academic Appointments, Licensure
Clinical Associate Professor, New York University College of Global Public Health, 5/18-present.
Clinical Instructor, New York University Langone School of Medicine, 2007-2018.
M.D. New York (2007-present).
Media
TV
i24 Crossroads re Suicide in U.S. Jails 8/13/19.
i24 Crossroads re re Life and Death in Rikers Island 6/13/19.
Amanpour & Company, NPR/PBS re Life and Death in Rikers Island 4/15/19.
CNN, Christiane Amanpour re Forensic documentation of mass crimes against Rohingya. 7/11/18.
i24 Crossroads with David Shuster re health crisis among refugees in Syria. 7/6/18.
Canadian Broadcasting Corporation TV with Sylvie Fournier (in French) re crowd control weapons. 5/10/18
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i24 Crossroads with David Shuster re Cholera outbreak in Yemen. 2/15/18.
China TV re WHO guidelines on HIV medication access 9/22/17.
Radio/Podcast
Morning Edition, NPR re Health Risks of Criminal Justice System. 8/9/19.
Fresh Air with Terry Gross, NPR re Life and Death in Rikers Island, 3/6/19.
Morning Edition, NPR re Life and Death in Rikers Island, 2/22/19.
LeShow with Harry Sherer re forensic documentation of mass crimes in Myanmar, Syria, Iraq. 4/17/18.
Print articles and public testimony
Oped: Four ways to protect our jails and prisons from coronavirus. The Hill 2/29/20.
Oped: It’s Time to Eliminate the Drunk Tank. The Hill 1/28/20.
Oped: With Kathy Morse. A Visit with my Incarcerated Mother. The Hill 9/24/19.
Oped: With Five Omar Muallim-Ak. The Truth about Suicide Behind Bars is Knowable. The Hill 8/13/19.
Oped: With Katherine McKenzie. Policymakers, provide adequate health care in prisons and detention centers. CNN Opinion, 7/18/19. Oped: Getting serious about preventable deaths and injuries behind bars. The Hill, 7/5/19.
Testimony: Access to Medication Assisted Treatment in Prisons and Jails, New York State Assembly Committee on Alcoholism and Drug Abuse, Assembly Committee on Health, and Assembly Committee on Correction. NY, NY, 11/14/18.
Oped: Attacks in Syria and Yemen are turning disease into a weapon of war, STAT News, 7/7/17.
Testimony: Connecticut Advisory Committee to the U.S. Commission on Civil Rights: Regarding the use of solitary confinement for prisoners. Hartford CT, 2/3/17.
Testimony: Venters HD, New York Advisory Committee to the U.S. Commission on Civil Rights: Regarding the use of solitary confinement for juveniles in New York. July 10, 2014. NY NY.
Testimony: New York State Assembly Committee on Correction with the Committee on 4

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Mental Health: Regarding Mental Illness in Correctional Settings. November 13, 2014. Albany NY.
Testimony: New York State Assembly Committee on Correction with the Committee on Mental Health: Regarding Mental Illness in Correctional Settings. November 13, 2014. Albany NY.
Oped: Venters HD and Keller AS, The Health of Immigrant Detainees. Boston Globe, April 11, 2009.
Testimony: U.S. House of Representatives, House Judiciary Committee’s Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law: Hearing on Problems with Immigration Detainee Medical Care, June 4, 2008.
Peer Reviewed Publications
Parmar PK, Leigh J, Venters H, Nelson T. Violence and mortality in the Northern Rakhine State of Myanmar, 2017: results of a quantitative survey of surviving community leaders in Bangladesh. Lancet Planet Health. 2019 Mar;3(3):e144-e153.
Venters H. Notions from Kavanaugh hearings contradict medical facts. Lancet. 10/5/18.
Taylor GP, Castro I, Rebergen C, Rycroft M, Nuwayhid I, Rubenstein L, Tarakji A, Modirzadeh N, Venters H, Jabbour S. Protecting health care in armed conflict: action towards accountability. Lancet. 4/14/18.
Katyal M, Leibowitz R, Venters H. IGRA-Based Screening for Latent Tuberculosis Infection in Persons Newly Incarcerated in New York City Jails. J Correct Health Care. 2018 4/18.
Harocopos A, Allen B, Glowa-Kollisch S, Venters H, Paone D, Macdonald R. The Rikers Island Hot Spotters: Exploring the Needs of the Most Frequently Incarcerated. J Health Care Poor Underserved. 4/28/17.
MacDonald R, Akiyama MJ, Kopolow A, Rosner Z, McGahee W, Joseph R, Jaffer M, Venters H. Feasibility of Treating Hepatitis C in a Transient Jail Population. Open Forum Infect Dis. 7/7/18.
Siegler A, Kaba F, MacDonald R, Venters H. Head Trauma in Jail and Implications for Chronic Traumatic Encephalopathy. J Health Care Poor and Underserved. In Press (May 2017).
Ford E, Kim S, Venters H. Sexual abuse and injury during incarceration reveal the need for reentry trauma screening. Lancet. 4/8/18.
Alex B, Weiss DB, Kaba F, Rosner Z, Lee D, Lim S, Venters H, MacDonald R. Death After Jail Release. J Correct Health Care. 1/17.
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Akiyama MJ, Kaba F, Rosner Z, Alper H, Kopolow A, Litwin AH, Venters H, MacDonald R. Correlates of Hepatitis C Virus Infection in the Targeted Testing Program of the New York City Jail System. Public Health Rep. 1/17.
Kalra R, Kollisch SG, MacDonald R, Dickey N, Rosner Z, Venters H. Staff Satisfaction, Ethical Concerns, and Burnout in the New York City Jail Health System. J Correct Health Care. 2016 Oct;22(4):383-392.
Venters H. A Three-Dimensional Action Plan to Raise the Quality of Care of US Correctional Health and Promote Alternatives to Incarceration. Am J Public Health. April 2016.104.
Glowa-Kollisch S, Kaba F, Waters A, Leung YJ, Ford E, Venters H. From Punishment to Treatment: The “Clinical Alternative to Punitive Segregation” (CAPS) Program in New York City Jails. Int J Env Res Public Health. 2016. 13(2),182.
Jaffer M, Ayad J, Tungol JG, MacDonald R, Dickey N, Venters H. Improving Transgender Healthcare in the New York City Correctional System. LGBT Health. 2016 1/8/16.
Granski M, Keller A, Venters H. Death Rates among Detained Immigrants in the United States. Int J Env Res Public Health. 2015. 11/10/15.
Michelle Martelle, Benjamin Farber, Richard Stazesky, Nathaniel Dickey, Amanda Parsons, Homer Venters. Meaningful Use of an Electronic Health Record in the NYC Jail System. Am J Public Health. 2015. 8/12/15.
Fatos Kaba, Angela Solimo, Jasmine Graves, Sarah Glowa-Kollisch, Allison Vise, Ross MacDonald, Anthony Waters, Zachary Rosner, Nathaniel Dickey, Sonia Angell, Homer Venters. Disparities in Mental Health Referral and Diagnosis in the NYC Jail Mental Health Service. Am J Public Health. 2015. 8/12/15.
Ross MacDonald, Fatos Kaba, Zachary Rosner, Alison Vise, Michelle Skerker, David Weiss, Michelle Brittner, Nathaniel Dickey, Homer Venters. The Rikers Island Hot Spotters. Am J Public Health. 2015. 9/17/15.
Selling Molly Skerker, Nathaniel Dickey, Dana Schonberg, Ross MacDonald, Homer Venters. Improving Antenatal Care for Incarcerated Women: fulfilling the promise of the Sustainable Development Goals. Bulletin of the World Health Organization.2015.
Jasmine Graves, Jessica Steele, Fatos Kaba, Cassandra Ramdath, Zachary Rosner, Ross MacDonald, Nathanial Dickey, Homer Venters. Traumatic Brain Injury and Structural Violence among Adolescent males in the NYC Jail System J Health Care Poor Underserved. 2015;26(2):345-57.
Glowa-Kollisch S, Graves J, Dickey N, MacDonald R, Rosner Z, Waters A, Venters H. DataDriven Human Rights: Using Dual Loyalty Trainings to Promote the Care of Vulnerable Patients in Jail. Health and Human Rights. Online ahead of print, 3/12/15.
Teixeira PA1, Jordan AO, Zaller N, Shah D, Venters H. Health Outcomes for HIV-Infected Persons Released From the New York City Jail System With a Transitional Care-Coordination
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Plan. 2014. Am J Public Health. 2014 Dec 18.
Selling D, Lee D, Solimo A, Venters H. A Road Not Taken: Substance Abuse Programming in the New York City Jail System. J Correct Health Care. 2014 Nov 17.
Glowa-Kollisch S, Lim S, Summers C, Cohen L, Selling D, Venters H. Beyond the Bridge: Evaluating a Novel Mental Health Program in the New York City Jail System. Am J Public Health. 2014 Sep 11.
Glowa-Kollisch S, Andrade K, Stazesky R, Teixeira P, Kaba F, MacDonald R, Rosner Z, Selling D, Parsons A, Venters H. Data-Driven Human Rights: Using the Electronic Health Record to Promote Human Rights in Jail. Health and Human Rights. 2014. Vol 16 (1): 157-165.
MacDonald R, Rosner Z, Venters H. Case series of exercise-induced rhabdomyolysis in the New York City Jail System. Am J Emerg Med. 2014. Vol 32(5): 446-7.
Bechelli M, Caudy M, Gardner T, Huber A, Mancuso D, Samuels P, Shah T, Venters H. Case Studies from Three States: Breaking Down Silos Between Health Care and Criminal Justice. Health Affairs. 2014. Vol. 3. 33(3):474-81.
Selling D, Solimo A, Lee D, Horne K, Panove E, Venters H. Surveillance of suicidal and nonsuicidal self-injury in the new York city jail system. J Correct Health Care. 2014. Apr:20(2).
Kaba F, Diamond P, Haque A, MacDonald R, Venters H. Traumatic Brain Injury Among Newly Admitted Adolescents in the New York City Jail System. J Adolesc Health. 2014. Vol 54(5): 6157.
Monga P, Keller A, Venters H. Prevention and Punishment: Barriers to accessing health services for undocumented immigrants in the United States. LAWS. 2014. 3(1).
Kaba F, Lewsi A, Glowa-Kollisch S, Hadler J, Lee D, Alper H, Selling D, MacDonald R, Solimo A, Parsons A, Venters H. Solitary Confinement and Risk of Self-Harm Among Jail Inmates. Amer J Public Health. 2014. Vol 104(3):442-7.
MacDonald R, Parsons A, Venters H. The Triple Aims of Correctional Health: Patient safety, Population Health and Human Rights. Journal of Health Care for the Poor and Underserved. 2013. 24(3).
Parvez FM, Katyal M, Alper H, Leibowitz R, Venters H. Female sex workers incarcerated in New York City jails: prevalence of sexually transmitted infections and associated risk behaviors. Sexually Transmitted Infections. 89:280-284. 2013.
Brittain J, Axelrod G, Venters H. Deaths in New York City Jails: 2001 – 2009. Am J Public Health. 2013 103:4.
Jordan AO, Cohen LR, Harriman G, Teixeira PA, Cruzado-Quinones J, Venters H. Transitional Care Coordination in New York City Jails: Facilitating Linkages to Care for People with HIV Returning Home from Rikers Island. AIDS Behav. Nov. 2012.
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Jaffer M, Kimura C, Venters H. Improving medical care for patients with HIV in New York City jails. J Correct Health Care. 2012 Jul;18(3):246-50.
Ludwig A, Parsons, A, Cohen, L, Venters H. Injury Surveillance in the NYC Jail System, Am J Public Health 2012 Jun;102(6).
Venters H, Keller, AS. Psychiatric Services. (2012) Diversion of Mentally Ill Patients from Court-ordered care to Immigration Detention. Epub. 4/2012.
Venters H, Gany, F. Journal of Immigrant and Minority Health (2011) Mental Health Concerns Among African Immigrants. 13(4): 795-7.
Venters H, Foote M, Keller AS. Journal of Immigrant and Minority Health. (2010) Medical Advocacy on Behalf of Detained Immigrants. 13(3): 625-8.
Venters H, McNeely J, Keller AS. Health and Human Rights. (2010) HIV Screening and Care for Immigration Detainees. 11(2) 91-102.
Venters H, Keller AS. Journal of Health Care for the Poor and Underserved. (2009) The Immigration Detention Health Plan: An Acute Care Model for a Chronic Care Population. 20:951-957.
Venters H, Gany, F. Journal of Immigrant and Minority Health (2009) African Immigrant Health. 4/4/09.
Venters H, Dasch-Goldberg D, Rasmussen A, Keller AS, Human Rights Quarterly (2009) Into the Abyss: Mortality and Morbidity among Detained Immigrant. 31 (2) 474-491.
Venters H, The Lancet (2008) Who is Jack Bauer? 372 (9653).
Venters H, Lainer-Vos J, Razvi A, Crawford J, Shaf’on Venable P, Drucker EM, Am J Public Health (2008) Bringing Health Care Advocacy to a Public Defender’s Office. 98 (11).
Venters H, Razvi AM, Tobia MS, Drucker E. Harm Reduct J. (2006) The case of Scott Ortiz: a clash between criminal justice and public health. Harm Reduct J. 3:21
Cloez-Tayarani I, Petit-Bertron AF, Venters HD, Cavaillon JM (2003) Internat. Immunol. Differential effect of serotonin on cytokine production in lipopolysaccharide-stimulated human peripheral blood mononuclear cells.15,1-8.
Strle K, Zhou JH, Broussard SR, Venters HD, Johnson RW, Freund GG, Dantzer R, Kelley KW, (2002) J. Neuroimmunol. IL-10 promotes survival of microglia without activating Akt. 122, 9-19.
Venters HD, Broussard SR, Zhou JH, Bluthe RM, Freund GG, Johnson RW, Dantzer R, Kelley KW, (2001) J. Neuroimmunol. Tumor necrosis factor(alpha) and insulin-like growth factor-I in the brain: is the whole greater than the sum of its parts? 119, 151-65.
Venters HD, Dantzer R, Kelley KW, (2000) Ann. N. Y. Acad. Sci. Tumor necrosis factor-alpha 8

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induces neuronal death by silencing survival signals generated by the type I insulin-like growth factor receptor. 917, 210-20.
Venters HD, Dantzer R, Kelley KW, (2000) Trends. Neurosci. A new concept in neurodegeneration: TNFalpha is a silencer of survival signals. 23, 175-80.
Venters HD, Tang Q, Liu Q, VanHoy RW, Dantzer R, Kelley KW, (1999) Proc. Natl. Acad. Sci. USA. A new mechanism of neurodegeneration: A proinflammatory cytokine inhibits receptor signaling by a survival peptide, 96, 9879-9884.
Venters HD, Ala TA, Frey WH 2nd , (1998) Inhibition of antagonist binding to human brain muscarinic receptor by vanadium compounds. Recept. Signal. Transduct. 7, 137-142.
Venters HD, Tang Q, Liu Q, VanHoy RW, Dantzer R, Kelley KW, (1999) Proc. Natl. Acad. Sci. USA. A new mechanism of neurodegeneration: A proinflammatory cytokine inhibits receptor signaling by a survival peptide, 96, 9879-9884.
Venters HD, Ala TA, Frey WH 2nd , (1998) Inhibition of antagonist binding to human brain muscarinic receptor by vanadium compounds. Recept. Signal. Transduct. 7, 137-142.
Venters HD, Bonilla LE, Jensen T, Garner HP, Bordayo EZ, Najarian MM, Ala TA, Mason RP, Frey WH 2nd, (1997) Heme from Alzheimer's brain inhibits muscarinic receptor binding via thiyl radical generation. Brain. Res. 764, 93-100.
Kjome JR, Swenson KA, Johnson MN, Bordayo EZ, Anderson LE, Klevan LC, Fraticelli AI, Aldrich SL, Fawcett JR, Venters HD, Ala TA, Frey WH 2nd (1997) Inhibition of antagonist and agonist binding to the human brain muscarinic receptor by arachidonic acid. J. Mol. Neurosci. 10, 209-217.
Honors and Presentations (past 10 years)
Keynote Address, Academic Correctional Health Conference, April 2020, Chapel Hill, North Carolina.
TedMed Presentation, Correctional Health, Boston MA, March 2020.
Finalist, Prose Award for Literature, Social Sciences category for Life and Death in Rikers Island, February, 2020.
Keynote Address, John Howard Association Annual Benefit, November 2019, Chicago IL.
Keynote Address, Kentucky Data Forum, Foundation for a Healthy Kentucky, November 2019, Cincinnati Ohio.
Oral Presentation, Dual loyalty and other human rights concerns for physicians in jails an prisons. Association of Correctional Physicians, Annual meeting. 10/16, Las Vegas.
Oral Presentation, Clinical Alternatives to Punitive Segregation: Reducing self-harm for
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incarcerated patients with mental illness. American Public Health Association Annual Meeting, November 2015, Chicago IL.
Oral Presentation, Analysis of Deaths in ICE Custody over 10 Years . American Public Health Association Annual Meeting, November 2015, Chicago IL.
Oral Presentation, Medication Assisted Therapies for Opioid Dependence in the New York City Jail System. American Public Health Association Annual Meeting, November 2015, Chicago IL.
Oral Presentation, Pathologizing Normal Human Behavior: Violence and Solitary Confinement in an Urban Jail. American Public Health Association Annual Meeting, November 2014, New Orleans, LA.
Training, International Committee of the Red Cross and Red Crescent, Medical Director meeting 10/15, Presentation on Human Rights and dual loyalty in correctional health.
Paper of the Year, American Public Health Association. 2014. (Kaba F, Lewis A, GlowaKollisch S, Hadler J, Lee D, Alper H, Selling D, MacDonald R, Solimo A, Parsons A, Venters H. Solitary Confinement and Risk of Self-Harm Among Jail Inmates. Amer J Public Health. 2014. Vol 104(3):442-7.)
Oral Presentation, Pathologizing Normal Human Behavior: Violence and Solitary Confinement in an Urban Jail. American Public Health Association Annual Meeting, New Orleans LA, 2014.
Oral Presentation, Human rights at Rikers: Dual loyalty among jail health staff. American Public Health Association Annual Meeting, New Orleans LA, 2014.
Poster Presentation, Mental Health Training for Immigration Judges. American Public Health Association Annual Meeting, New Orleans LA, 2014.
Distinguished Service Award; Managerial Excellence. Division of Health Care Access and Improvement, NYC DOHMH. 2013.
Oral Presentation, Solitary confinement in the ICE detention system. American Public Health Association Annual Meeting, Boston MA, 2013.
Oral Presentation, Self-harm and solitary confinement in the NYC jail system. American Public Health Association Annual Meeting, Boston MA, 2013.
Oral Presentation, Implementing a human rights practice of medicine inside New York City jails. American Public Health Association Annual Meeting, Boston MA, 2013.
Poster Presentation, Human Rights on Rikers: integrating a human rights-based framework for healthcare into NYC’s jail system. American Public Health Association Annual Meeting, Boston MA, 2013.
Poster Presentation, Improving correctional health care: health information exchange and the affordable care act. American Public Health Association Annual Meeting, Boston MA, 2013.
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Oral Presentation, Management of Infectious Disease Outbreaks in a Large Jail System. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Diversion of Patients from Court Ordered Mental Health Treatment to Immigration Detention. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Initiation of Antiretroviral Therapy for Newly Diagnosed HIV Patients in the NYC Jail System. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Medical Case Management in Jail Mental Health Units. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Injury Surveillance in New York City Jails. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Ensuring Adequate Medical Care for Detained Immigrants. Venters H, Keller A, American Public Health Association Annual Meeting, Denver, CO, 2010.
Oral Presentation, HIV Testing in NYC Correctional Facilities. Venters H and Jaffer M, American Public Health Association, Annual Meeting, Denver, CO, 2010.
Oral Presentation, Medical Concerns for Detained Immigrants. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA, November 2009.
Oral Presentation, Growth of Immigration Detention Around the Globe. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA, November 2009.
Oral Presentation, Role of Hospital Ethics Boards in the Care of Immigration Detainees. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA, November 2009.
Oral Presentation, Health Law and Immigration Detainees. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA, November 2009.
Bro Bono Advocacy Award, Advocacy on behalf of detained immigrants. Legal Aid Society of New York, October 2009.
Oral Presentation, Deaths of immigrants detained by Immigration and Customs Enforcement. Venters H, Rasmussen A, Keller A, American Public Health Association Annual Meeting, San Diego CA, October 2008.
Poster Presentation, Death of a detained immigrant with AIDS after withholding of prophylactic Dapsone. Venters H, Rasmussen A, Keller A, Society of General Internal Medicine Annual Meeting, Pittsburgh PA, April 2008.
Poster Presentation, Tuberculosis screening among immigrants in New York City reveals higher rates of positive tuberculosis tests and less health insurance among African immigrants. Society of General Internal Medicine Annual Meeting, Pittsburgh PA, April 2008.
11

Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 48 of 51
Daniel Leicht Award for Achievement in Social Medicine, Montefiore Medical Center, Department of Family and Social Medicine, 2007.
Poster Presentation, Case Findings of Recent Arestees. Venters H, Deluca J, Drucker E. Society of General Internal Medicine Annual Meeting, Toronto Canada, April 2007.
Poster Presentation, Bringing Primary Care to Legal Aid in the Bronx. Venters H, Deluca J, Drucker E. Society of General Internal Medicine Annual Meeting, Los Angeles CA, April 2006.
Poster Presentation, A Missed Opportunity, Diagnosing Multiple Myeloma in the Elderly Hospital Patient. Venters H, Green E., Society of General Internal Medicine Annual Meeting, New Orleans LA, April 2005.
Grants: Program
San Diego County: Review of jail best practices (COCHS), 1/2020, $90,000.
Ryan White Part A - Prison Release Services (PRS). From HHS/HRSA to Correctional Health Services (NYC DOHMH), 3/1/16-2/28/17 (Renewed since 2007). Annual budget $ 2.7 million.
Ryan White Part A - Early Intervention Services- Priority Population Testing. From HHS/HRSA to Correctional Health Services (NYC DOHMH), 3/1/16-2/28/18 (Renewed since 2013). Annual budget $250,000.
Comprehensive HIV Prevention. From HHS to Correctional Health Services (NYC DOHMH), 1/1/1612/31/16. Annual budget $500,000.
HIV/AIDS Initiative for Minority Men. From HHS Office of Minority Health to Correctional Health Services (NYC DOHMH), 9/30/14-8/31/17. Annual budget $375,000.
SPNS Workforce Initiative, From HRSA SPNS to Correctional Health Services (NYC DOHMH), 8/1/147/31/18. Annual budget $280,000.
SPNS Culturally Appropriate Interventions. From HRSA SPNS to Correctional Health Services (NYC DOHMH), 9/1/13-8/31/18. Annual budget $290,000.
Residential substance abuse treatment. From New York State Division of Criminal Justice Services to Correctional Health Services (NYC DOHMH), 1/1/11-12/31/17. Annual budget $175,000.
Community Action for Pre-Natal Care (CAPC). From NY State Department of Health AIDS Institute to Correctional Health Services (NYC DOHMH), 1/1/05-12/31/10. Annual budget $290,000.
Point of Service Testing. From MAC/AIDS, Elton John and Robin Hood Foundations to Correctional Health Services (NYC DOHMH), 11/1/09-10/31/12. Annual budget $100,000.
12

Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 49 of 51
Mental Health Collaboration Grant. From USDOJ to Correctional Health Services (NYC DOHMH), 1/1/11-9/30/13. Annual budget $250,000.
Teaching
Instructor, Health in Prisons Course, Bloomberg School of Public Health, Johns Hopkins University, June 2015, June 2014, April 2019.
Instructor, Albert Einstein College of Medicine/Montefiore Social Medicine Program Yearly lectures on Data-driven human rights, 2007-present.
Other Health & Human Rights Activities
DIGNITY Danish Institute Against Torture, Symposium with Egyptian correctional health staff regarding dual loyalty and data-driven human rights. Cairo Egypt, September 20-23, 2014.
Doctors of the World, Physician evaluating survivors of torture, writing affidavits for asylum hearings, with testimony as needed, 7/05-11/18.
United States Peace Corps, Guinea Worm Educator, Togo West Africa, June 1990- December 1991.
-Primary Project; Draconculiasis Eradication. Activities included assessing levels of infection in 8 rural villages and giving prevention presentations to mothers in Ewe and French -Secondary Project; Malaria Prevention.
Books
Venters H. Life and Death in Rikers Island. Johns Hopkins University Press. 2/19.
Chapters in Books
Venters H. Mythbusting Solitary Confinement in Jail. In Solitary Confinement Effects, Practices, and Pathways toward Reform. Oxford University Press, 2020.
MacDonald R. and Venters H. Correctional Health and Decarceration. In Decarceration. Ernest Drucker, New Press, 2017.
Membership in Professional Organizations
American Public Health Association
13

Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 50 of 51

Foreign Language Proficiency

French Ewe

Proficient Conversant

Prior Testimony and Deposition

Benjamin v. Horn, No. 1:75-cv-03073 (S.D.N.Y.), as expert for defendants, 2015

Rodgers v. Texas, No. 2:16-cv-00216 (N.D. Tx.), as expert for plaintiffs, 10/19/17

Fikes v. Abernathy, No. 17:16-cv-00843 (N.D. Ala.), as expert for plaintiffs, 10/30/17.

Fernandez v. City of New York, No. 1:17-cv-02431 (S.D.N.Y.), as defendant in role as city employee, 4/10/18.

Charleston v. Corizon Health, Inc., No. 2:17-cv-03039 (E.D. Pa.), as expert for plaintiffs, 4/20/18.

Atencio v. Bd. of Cty. Comm’rs. of Santa Fe Cty., No. 1:17-cv-00617 (D.N.M.), as expert for plaintiffs, 7/23/18.

Hammonds v. Dekalb County, Ala., No. 4:16-cv-01558 (N.D. Ala.), as expert for plaintiffs, 11/30/2018.

Mathiason v. Rio Arriba County NM, No. D-117-CV-2007-00054, as expert for plaintiff, 2/7/19.

Hutchinson v. Bates, No. 2:17-cv-00185 (M.D. Ala.), as expert for plaintiff, 3/27/19.

Lewis v. Gautreaux, No. 3:16-cv-00352 (M.D. La.), as expert for plaintiff, 6/24/19.

Belcher v. Lopinto, No. 2:18-cv-07368 (E.D. La.), as expert for plaintiffs, 12/5/2019.

Imperati v. Semple, No. 3:18-cv-01847 (D. Conn.), as expert for plaintiffs, 3/11/20.

USA v. Pratt, No. 2:19-cr-00213 (W.D. Pa.) (Video Hearing 4/28/20).

USA v. Nelson, No. 1:19-cr-00021 (W.D. Pa.) (Video Hearing 5/4/20).

Chunn v. Edge, No. 1:20-cv-01590 (E.D.N.Y.) (Video Hearing 5/12/20, Video Deposition 4/30/20).

14

Case 1:20-cv-03315-ER Document 51-1 Filed 05/26/20 Page 51 of 51
Fee Schedule
Case review, reports, testimony $500/hour. Site visits and other travel, $2,500 per day (not including travel costs).
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Case 1:20-cv-03315-ER Document 51-6 Filed 05/26/20 Page 1 of 5
EXHIBIT 6

Case 1:20-cv-03315-ER Document 51-6 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF VINICIUS ANDRADE

Vinicius Andrade declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Vinicius Andrade and I have been housed at the Metropolitan Correctional Center (“MCC”) since January 7, 2020. My Registration Number is 21458-052.
2. I was housed on unit 5S from January 7, 2020 to March 3, 2020. Late at night on March 3, 2020, I and many other inmates from MCC were sent to FCI Otisville. We were brought back to MCC on March 12, 2020. When we came back from Otisville, we were placed on unit 11S.
3. I am 39 years old. I have asthma, for which I use an inhaler. I also have been having pain in my gallbladder.
4. I started to feel sick on March 24th with shaking, chills, fever. When staff came and checked my temperature, they said “you are okay, you have no fever, go back to your tier.” On the night of March 25, 2020, I took Tylenol before bed. When I woke up on March 26, 2020, I was shaking with chills. I told the pill line person that I did not feel

Case 1:20-cv-03315-ER Document 51-6 Filed 05/26/20 Page 3 of 5
right. They took me temperature. It was 102.8. This was at about 7:30 AM. I told the medical person that I also had been coughing and was very tired. 5. They took me downstairs and I waited for two hours before they took me to a hospital that was close to the MCC. When they checked my temperature at the hospital, it was 104.3 degrees. The nurse thought something must be incorrect, so she rechecked my temperature, and it was 104.8 degrees. Around 10 AM, I was put in a hospital room. I had very bad chills, so I asked for a blanket. About half an hour later, they put an IV in me and also did the nasal swab test. They told me I would get the results in about 10-12 hours. 6. In the morning, they told me I was positive, and then discharged me around 9 AM. I went back to the MCC, where they put me in the G Tier of SHU. I had never been there before, but I had heard about it, because it is where they put the inmates who are in really big trouble. The bed in the room was concrete. They put me on it with no sheets or blanket or pillow. I lay on the concrete shaking. They had given me a big SHU jumpsuit to wear, so I took that off and used it as a pillow, but then I was just in my t-shirt and underwear so I was cold. I was not given any food until the next morning. 7. The next day, I saw another sick inmate brought into G Tier. I think his name is Mark. When they brought the sick inmate into the tier, they brought me a mattress and blankets. 8. I stayed in that room for 15 days. They gave me Tylenol three times a day. When they checked my temperature there was no fever, so they said I was fine. I continued coughing for about 5 days. No one ever checked my chest or lungs. I could not smell anything. My muscles hurt. I got very depressed. The only water I had to drink was from the sink.
2

Case 1:20-cv-03315-ER Document 51-6 Filed 05/26/20 Page 4 of 5
9. When I was brought to the SHU, I saw another inmate from my unit was already there. His name is Brandon Parisi. He was very sick.
10. Before I left the SHU, my gallbladder began to hurt. 11. When I went back to 11S, no one had cleaned my bunk area. The inmates in my tier gave
me a plastic bag that they had put my blanket and sheet in so they did not spread the infection. But everything else was just the same, and the guys in my tier said no one had come to clean or given them any extra cleaning supplies. 12. When I got back, a lot of guys were sick. No one wanted to report anything to medical because they did not want to go to the box and go through what I did. They said they would rather die in their beds because at least other people would be around them. If they felt hot, they would throw cold water over their faces before the temperature takers came. 13. Officers all have masks, but they often leave them around their neck, even when we are out in the unit. The Warden hardly ever comes to our unit. An orderly cleans on the unit every day, but not between each use of the phone or computer. 14. We have not gotten social mail in a while. I get legal mail, but it is opened before it comes to me. The envelope is marked legal mail but they still open it, even though I know they shouldn’t do that. 15. My gallbladder has continued to bother me. I put in computer sick calls but it takes a long time to be seen by medical. They gave me one shot to calm the gallbladder pain. Plus I have been taking Tylenol or Ibuprofen. There is a doctor who is an inmate on our unit. He said I need to get an ultra sound of my gallbladder. But the medical staff here says they can’t send me out for an ultrasound.
3

Case 1:20-cv-03315-ER Document 51-6 Filed 05/26/20 Page 5 of 5

16. I have also continued to be depressed. I finally got to see the psychologist two weeks ago.
17. Before the doctor came on the inspection, they sprayed with the backpack sanitizer. They don’t usually do that on our unit. I saw they came back again with the backpack sanitizer when the doctor was there for the inspection. They also took some bulletins about people who got sick with COVID down from the computer. We wanted to keep them to show the doctor.
18. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 15, 2020 Brooklyn, New York

As reported by Vinicius Andrade to Deirdre D. von Dornum
/s/ Deirdre von Dornum
Deirdre von Dornum Federal Defenders of New York
4

Case 1:20-cv-03315-ER Document 51-7 Filed 05/26/20 Page 1 of 5
EXHIBIT 7

Case 1:20-cv-03315-ER Document 51-7 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF ROBERT BARNES

ROBERT BARNES declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Robert Barnes. I have been housed at the Metropolitan Correctional Center (“MCC”) since February 5, 2020. My Registration Number is 87759-054. I have been housed on 11 South.
2. I am 73-years old, turning 74 in August. 3. I suffer from numerous medical conditions: I have coronary heart disease, high blood
pressure, high cholesterol, and plaque in my aorta. I have suffered from two heart attacks in the last three years, most recently in January 2018. I have vascular issues including microvascular disease in my head and am currently experiencing swelling in my feet and legs. My kidney function is deteriorating, and I have been warned to avoid over-thecounter medications and to expect to start dialysis within a matter of time. On the date of my arrest, the arresting officers took me to the hospital before bringing me to the Southern District courthouse. The physician who examined me ordered a chest x-ray

Case 1:20-cv-03315-ER Document 51-7 Filed 05/26/20 Page 3 of 5
because of my persistent coughing and informed me that he saw the beginning phases of emphysema and chronic obstructive pulmonary disease (COPD). Additionally, I have survived prostate cancer and had both of my hips replaced. 4. I am housed in 11 South. There are currently 19 people in my unit, sharing an open dorm filled with bunk beds. Although the bunk above me is currently empty, there are men in the beds on both sides of me, so close that I can almost touch their beds from my own. In our unit, we share one urinal, one toilet, one sink, and one shower. There are two tables in our living quarters, each with four seats connected to the table such that they cannot be pushed away to create distance during meals or social time. We eat our meals at these tables, in our beds, or in freestanding chairs. It is not possible to distance from other prisoners while eating. 5. We do not have enough soap or cleaning products. We receive a hygiene kit once a month. It contains a small portion of soap that we each must use for our hands and bodies. I personally have little or no money coming in for commissary, and I have been forced to borrow a bar of soap when my kit has run out and I have no money. I have asked for more soap several times but have been told that it is unavailable because it is locked upstairs in the unit counselor’s office. I received the same response when I requested additional toilet paper. Fortunately, I have been able to shower every day. We have never had access to hand sanitizer in my unit. We have asked and have been told it is not available. Every other day or so, we receive additional cleaning fluid in the one or two bottles available in my unit. We do not have enough, and these cleaning supplies go very quickly. We all share the same few rags to do our cleaning. We have requested more cleaning supplies but have been told that they are unavailable. However, before the
2

Case 1:20-cv-03315-ER Document 51-7 Filed 05/26/20 Page 4 of 5
recent court-ordered tour of the MCC, I saw people mopping, sweeping, and cleaning the walls. Detergents and cleaning supplies were handed out to prisoners. 6. We have access to four phone and three computers. At first, the orderlies were vigilant about disinfecting phones between use. Lately, though, guys have been falling off and not cleaning as much as is necessary. I do not know when or how the computers are cleaned. 7. Since the start of the COVID-19 pandemic, there has been a slight increase in cleaning, but not enough. There is black mold in our unit that has built up over the years. I recently showed it to an employee, but no action has been taken to address it. There are rodents—both rats and mice—and cockroaches in our unit. I see them every day. 8. About two weeks ago, we began to receive masks. Some are washable cloth masks and others are thin, disposable surgical masks. Masks are mandatory outside of our unit but optional on the unit. I wear mine whenever I can, but most people do not on the unit. We have never received gloves. The guards have been wearing masks and gloves but are not keeping their distance from us. It is my understanding that they switch among different units and therefore are in contact with other people in other parts of the facility. 9. We have been locked down since March 13, 2020. We have been informed that this is a “modified lockdown.” Currently, each unit is allowed out for about 90 minutes each day. Other than that time, I am on my unit with 18 other prisoners. 10. People in my unit have been removed due to COVID-19. Some left and never came back. Others were taken to the SHU and then returned after a period of time. I have never had symptoms, other than coughing, and I have never been tested for the disease.
3

Case 1:20-cv-03315-ER Document 51-7 Filed 05/26/20 Page 5 of 5 Executed on: May 18, 2020
New York, New York As reported by Robert Barnes to Ariel Werner /s/ Ariel Werner
4

Case 1:20-cv-03315-ER Document 51-8 Filed 05/26/20 Page 1 of 7
EXHIBIT 8

Case 1:20-cv-03315-ER Document 51-8 Filed 05/26/20 Page 2 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF ARMANDO BENIQUEZ

ARMANDO BENIQUEZ declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Armando Beniquez and I have been housed at the Metropolitan Correctional Center (“MCC”) since February 21, 2020. My Registration Number is 86072-054. When I first arrived at the MCC, I was put in 11S and then after the incident where a gun was found, around February 26th or 27th, I was put in 11N.
2. I am 27 years old. 3. My pre-existing medical conditions prior to arriving at the MCC are very bad asthma,
and anxiety, which I take medication for. 4. In 11N there are approximately 120-130 people. There are six tiers, with everyone
bunking by two, and eight rooms in each tier, so 16 of us in each tier. I am in Tier 4. I share my cell with Dwayne Conley. We sleep in a bunk bed and I have the top bunk.

Case 1:20-cv-03315-ER Document 51-8 Filed 05/26/20 Page 3 of 7
5. Dwayne was the first person to catch coronavirus. They put up a memo about it, which said that someone in our unit that was removed was confirmed to have coronavirus. Dwayne was the only one at the time that had been removed, so we put two and two together and knew it was him. Dwayne started to feel sick on March 23rd. I felt really sick too. On the 23rd, they took Dwayne out and brought him back in twenty minutes and gave him some medication and told him he had a stomach virus. But he didn’t get better. For three days, we tried to get medical attention again, but they did not take him out until the 25th. We had to bang on the door to get attention. C.O. W. McClams was the C.O. making the rounds in our unit and he ignored us. By the time Dwayne was removed he was so bad he almost died. That day, I think his temperature was 102.9 degrees. The day that the doctor came to remove him, the doctor told me, “if your bunkie is sick, we will send you to the box tomorrow, and then take you to the hospital.” By the box they mean the Special Housing Unit, the SHU. But they never came back for me. I had to get better on my own.
6. My whole tier caught the virus. I was really scared, in a really bad way, and was experiencing a lot of anxiety. We have been on lockdown in our cells and are only let out for 45 minutes a day. They are not selling radios anymore and they are not letting us watch the news so everyone’s state of mind is to get in contact with our families to find out what is going on. I have a daughter, and my parents are over 50 years old. I am really worried.
7. After they took Dwayne, they put up memos that said, “Report your symptoms.” But I did report my symptoms and they didn’t do anything, only temperature checks. My symptoms were that I had a really bad fever, bad chest pains, coughing, I could not taste
2

Case 1:20-cv-03315-ER Document 51-8 Filed 05/26/20 Page 4 of 7
my food, my ears were clogged, I felt weak, and I did not want to get out of bed. It took me two to three weeks to recover from most of my symptoms but to this day I continue to feel intense chest pain when I lie down. 8. I tried repeatedly to get medical attention but I wasn’t able to. When they came by for the temperature checks I told them that I had chest pains, but they said it was nothing and probably from the food. I tried to tell the C.O.s as well but I didn’t get to see a doctor. I probably spoke up between 23 and 30 times about needing to see a doctor but I didn’t get to see one. I contacted the warden once via a cop out, and told her I felt really bad and was really sick and asked if they could release me on compassionate release. I told her of all of the dates and times that I was feeling really bad. The warden wrote back and said, “I’ve seen your temperature and it’s fine.” 9. While Dwayne was gone they didn’t give me a new cellmate and left his things exactly as they were -- his shirts, same sheets, everything. They didn’t give me any cleaning supplies at all to clean it even though his sweat was on everything. I requested cleaning supplies but the orderlies were the ones getting the supplies and they would keep stuff to themselves. 10. After they took Dwayne to the hospital they brought him back to the MCC and put him in the box. He was brought back to our cell about one month afterwards. He confirmed to me he tested positive for COVID. But he wasn’t better when they brought him back. He still had a bad cough for about two weeks. I told Dwayne I didn’t mean any disrespect, but I was worried about getting sick again so I asked the unit manager if they could move me. But they said they couldn’t.
3

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11. I can tell you some of the names of others that had coronavirus. First on March 31st they took out Alex Matias when he had a fever of 103. He was the only other person besides Dwayne that they removed. They sent him straight to the box but they never took him to the hospital. He never came back to our unit, I think he was moved somewhere else. Also, Walkiel Arias and Joel Pena both caught the virus but didn’t want to say anything about it. The word around was, if you get sick or complain you’re going to the box, so a lot of people didn’t want it to get out that they were sick. I was worried about this too, but I felt so sick there came a point where I didn’t care. Colon Acevedos, Miguel de la Cruz, and Marcus Limon are also names of people who got sick. C.O. W. McClams, the one who ignored us at the beginning, he got very sick as well. C.O.s Assiiddaa, Roberts, He, Lodge, and Hanna all got sick too. 28 staff members got sick, but they didn’t post this because it would have caused chaos.
12. We heard that someone was supposed to visit the jail recently, and a few days before they had a guy come in with liquids to clean, and they put mouse traps. They tried to fix things up but they still didn’t clean my cell, and some of the things even if they try to clean it up quickly they can’t make it go away. For example there are still a lot of roaches, every day two or three come out of the wall in my cell.
13. After Dwayne was removed I wasn’t able to wash my clothes for 22 or 23 days. People were complaining about not being able to wash their clothes, so they put in a washing machine, but at first only the orderlies were allowed to use it.
14. They still didn’t give us anything to clean with. When we are let out for recreation we try to take the mop to clean some but we don’t have anything to clean with, just regular water. The mop is dirty and it’s very nasty.
4

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15. I haven’t heard anything about testing. I don’t think they are testing people. I requested testing because someone informed me that I could still have the virus even without having all of the symptoms. Now they are doing temperature checks once a week on Wednesdays. They used to do it more often but now they’ve slowed down. I have told them I still have chest pains. My cell is super small, and my knee is hurting. But they haven’t given me proper medical care. I am supposed to have an asthma pump and I had to request it multiple times. Finally I got into an argument with the CO about not having it and started crying, and then managed to get it the next day.
16. On May 10th, I experienced intense headaches and vomiting. My bunkie tried to get medical attention for me, but was told there no doctors in the building at that time. On May 11th, the P.A. came and took my temperature, and told me it was 97.1, but I told him I still felt sick and needed to see medical. He said he was just a P.A. and would pass on my request, but medical never came. On May 13th, I was still experiencing chest pains and body aches. On May 18th, I had tightness in my chest, but the computers in my unit weren’t working, and hadn’t been working for a few days, so I couldn’t put in a request for medical attention. This past Saturday they fixed them. On May 23rd, they came to check my blood pressure and said it was really high, but they didn’t do anything. I still get sharp pains in my chest, especially when I lie down. It’s a pain I’ve never felt before; it comes and then leaves, it’s weird. When I feel it, I have to stand up and pace around the room.
17. From April 11th to April 15th we were getting expired food for four days in a row. It had the date on it of October 16, 2019. I wasn’t even at the MCC then.
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18. I get soap about once every two weeks. I tried to request more but was told that I had to wait.
19. It’s hard because they are changing the C.O.s almost every day. There is a memo posted that says we are supposed to get a mask every week but I haven’t gotten one in about three weeks. The memos are like false advertisements! I first got a mask around April 15th, and I think the guards started wearing masks around then too. I am also out of toilet paper. I’ve been requesting it for two days, but haven’t gotten any so I’ve been cutting my towel cloth to use that. I’ve requested more from the unit manager and also asked the other inmates, but they said that toilet paper is like gold. I get one roll per week.
20. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 26, 2020 New York, New York

As reported by Armando Beniquez to Katri Stanley

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Case 1:20-cv-03315-ER Document 51-9 Filed 05/26/20 Page 1 of 5
EXHIBIT 9

Case 1:20-cv-03315-ER Document 51-9 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF RANDOLPH BOURGOIN

RANDOLPH BOURGOIN declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Randolph Bourgoin and I have been housed at the Metropolitan Correctional Center (“MCC”) since October 28, 2019. My Registration Number is 13606-036. I have been housed on 11 South.
2. I am 33 years old. 3. We are housed in an open dorm and there are 22 people in my dorm. I can reach out
from my bed and touch the bed next to me. We share one toilet and one urinal. The toilet leaks non-stop. The floor is constantly wet no matter how much we mop. Now it is getting unbearably hot because our fan does not work. 4. COVID-19 started in my tier, Tier 12, in 11 South. Brandon Parisi, who was the first one to get sick, was two beds away from me. I had multiple symptoms right after Brandon got sick. I lost all sense of smell, had massive headaches, shortness of breath, diarrhea,

Case 1:20-cv-03315-ER Document 51-9 Filed 05/26/20 Page 3 of 5
and a dry cough. I did not have a temperature. The night that the Brandon was taken to the hospital, the new captain came through. I coughed and he asked me how long have you had that, I was worried he would put me in the Special Housing Unit (“SHU”). 5. In addition to Brandon, Maurice Murphy was taken to the SHU for COVID-19. I believe Maurice Murphy was moved to the SHU without a fever, but he had to throw a stink—he kept telling them I’m sick, until finally they took him. Both of them were brought back in with us. They also brought in a couple of people from other units into our tier. I believe they were from 9 North and 5 South. 6. There was an older guy on my unit, Brad Smith. He had shakes and we had a hard time waking him up. We told the doctors. They took his temperature, it was around 99.7. They said he’s fine and left him with us. They didn’t give him any medicine. 7. Multiple guys reported symptoms when they were coming around to take our temperatures every day. But they would just say temperature in response. 8. I asked for a COVID test shortly after Brandon went to the hospital, but was told no. I was told that the BOP is not testing inmates unless they go to a hospital. 9. They did not start giving us soap until the first part of last week. That is when they started cleaning and the notes on the walls were posted. That was all done right before you got here. They even had orderlies polishing the floor. And they were on us to wear masks. 10. There is nothing being done regularly to clean spaces. They give us supplies and say clean yourself. They are supposed to wipe down the computers but do not. Orderlies were cleaning a lot when this first started but now they do not care. The most I’ve seen it cleaned was before you came. Now it is not being cleaned.
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11. For the longest time we were washing our clothes in the shower with a bar of soap. I ran out of soap a couple of times and got more from friends. Now we have a washer and dryer that we can use once a week, each tier has a day. Our laundry goes in one at a time. I did go one and a half months with one pair of boxers, one t-shirt, and one pair of pants.
12. Staff started wearing masks a week or two after Brandon got sick. But they were picking and choosing. There was one officer who said that he goes by the grace of God, so he did not feel he needed to wear a mask. All staff started wearing masks about two weeks ago.
13. Masks were given to inmates around the second week in April. 14. I run the warehouse in the kitchen. They are doing a lot for cross-contamination there.
They hired 11 North to do the evening shift and make sure we are back in 11 South before they come down. 15. In the kitchen they have been upping the extermination. The exterminator used to come every two weeks. It was horrible, there was mice feces all over the food. Now the exterminator comes every week. 16. When I first resumed working in the kitchen about six to seven weeks ago, we had gloves but no masks. We got masks a few days after that. 17. I have had an abscess in my tooth since I got to the MCC but they keep pushing me out. I was supposed to get a root canal after the holidays. My face is swollen like a golf ball. I have put in multiple request forms. 18. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the
3

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MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 18, 2020 New York, New York

As reported by Randolph Bourgoin to Ishita Kala

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Case 1:20-cv-03315-ER Document 51-10 Filed 05/26/20 Page 1 of 4
EXHIBIT 10

Case 1:20-cv-03315-ER Document 51-10 Filed 05/26/20 Page 2 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF WILLIAM BRADLEY

WILLIAM BRADLEY declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is William Bradley and I have been housed at the Metropolitan Correctional Center (“MCC”) since July 26, 2019. My Registration Number is 87078-054. I have been housed on 11 South since just before the virus lockdown.
2. I am 58 years old. 3. I have the following medical conditions: Hypertension, breathing problems, sleep apnea,
numbness in my hands and feet and severe obesity. 4. There are 26 people on my tier which is 7 tier. We are housed in an open dorm. We
share tables to eat at, one shower, one toilet and one urinal. We share phones and a computer terminal with six other similarly sized units on 11 South. 5. A new person joined my unit last week. He was moved from another unit, but had recently been arrested.

Case 1:20-cv-03315-ER Document 51-10 Filed 05/26/20 Page 3 of 4
6. Every four or five days, I am given two travel-size bars of soap. I am given a roll of toilet paper every several days. I usually run out and have to borrow from another inmate. There is no hand sanitizer.
7. There is a spray bottle of unidentified cleaning liquid to use when I need to use the bathroom.
8. There is no more frequent cleaning of the unit. The floor is washed in the evening. The use of the phones and computers alternates among the tiers and the equipment is cleaned between tiers but not between inmates on each tier.
9. We were given two paper masks about three weeks ago which I still use. Last week, two cloth masks were distributed to each inmate, which the inmates must wash themselves between uses. We have not been given gloves.
10. We have been locked down since March 13, 2020. This means I am in a crowded dormitory with bunk beds separated by about three feet for 23 hours a day with 25 other inmates. We are let out to uses the computers and phones for one hour a day.
11. Meals and medication are distributed at the gate of the tier. Everybody on the tier gathers around the gate to collect their medication or food. There is no social distancing. The guards remain in a bubble downstairs.
12. I have experienced chest pains and sore bones. I signed up for sick call a month ago and received email confirmation, but I was never called to the medical unit.
13. Between three and five inmates have been taken off the tier because of sickness. I have seen people pass out. Some but not all of the people who leave are returned to the unit after about two weeks.
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14. Staff wear masks and gloves. I have seen some staff members showing symptoms and to my knowledge, staff members work more than one unit.
15. Just before the people visited the unit last week, new signs appeared on the walls. 16. I am very afraid that I will get sick and die in this facility.

Executed on: May 20, 2020 New York, New York

As reported by William Bradley to Jean D. Barrett, Attorney-at-Law
/s/ Jean D. Barrett Jean D. Barrett

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Case 1:20-cv-03315-ER Document 51-11 Filed 05/26/20 Page 1 of 7
EXHIBIT 11

Case 1:20-cv-03315-ER Document 51-11 Filed 05/26/20 Page 2 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF TERRELL BROWN

TERRELL BROWN declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Terrell Brown and I was housed at the Metropolitan Correctional Center (“MCC”) from October 2019 until April 27, 2020, when I was released. My Registration Number is 15777-104. I was housed on unit 5S from October 2019 until February 29, 2020, when I was placed in the SHU (because of an investigation into a cell phone), where I stayed until my release.
2. I am 38 years old. 3. I have the following medical conditions: high blood pressure and high cholesterol. I have
had both medical conditions for about two and a half years. I am on medication for both. 4. On unit 5S, there were 96 people on my unit. The units are divided into tiers. In my tier,
there were 15 people. We were housed in double cells, with a bunk bed in each cell. The entire unit shared phones, email terminals, tables to eat at, and showers.

Case 1:20-cv-03315-ER Document 51-11 Filed 05/26/20 Page 3 of 7
5. On 5S, there were mice, roaches and ants, throughout the unit, including in my cell. The sink in my cell was hanging off the wall. The toilet in my cell was 3 ft from my bed. There was always leakage coming from the toilet. There was poor ventilation in my cell. My cell was freezing cold.
6. I saw new people join unit 5S just before February 29th when I went to the SHU, where I was housed until my release on April 27, 2020.
7. When I was first placed in the SHU, I was not given my regular medication for high blood pressure and cholesterol. Then three or four days later I had to be rushed out of my cell and taken to medical because my heart rate and blood pressure were too high. A couple of days later, I still did not receive my medication and had to be rushed down to medical again because my blood pressure was too high again. I finally got my medication about a week and a half after being placed in the SHU.
8. Beginning around the third week of March, I saw sick inmates being placed into SHU L Tier, to be locked in isolation. The officers told us these inmates had been exposed to someone in the courthouse cellblock who had COVID. Then inmates who were showing symptoms were placed in quarantine in G Tier. I saw the inmates who had been housed in L Tier before the sick inmates came, get packed up and moved into general population or other tiers on SHU. Some inmates who were not quarantined took showers on L Tier where quarantined people who had been exposed to COVID-19 were.
9. I saw staff wearing hazmat suits when they went to G tier since early April. 10. I have not experienced any COVID-19 symptoms but my cellmate in SHU, Antonio
Smith, experienced symptoms. He had a dry cough, fatigue and chest pain.
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11. In SHU, we have a 21-day cell rotation. The cells are not cleaned between rotations. When we rotated from tier J to tier H, in early April, Mr. Smith got sick. Mr. Smith was self medicating with vitamins and hot water. On around April 8th or 9th, when Dr. Joaquin was on our tier, Mr. Smith told him he was feeling sick. About 48 hours after Mr. Smith spoke to Dr. Joaquin, he was called down to medical for chest x-rays. The x-rays showed congestion in his chest. The officers returned Mr. Smith to SHU from medical and put him back into our cell.
12. Mr. Smith continued to feel sick after he came back from medical, and said it was hard to breathe.
13. On April 15, 2020, Mr. Smith and I worked as orderlies in the unit. We were orderlies for two days before being quarantined. We swept, cleaned, washed and folded clothes, and cleaned the tiers. I had a surgical mask and gloves. I was given a new mask for the days I was an orderly.
14. On April 16, 2020, we were doing the unit’s laundry, in the laundry room near the entrance to SHU, when Dr. Joaquin walked by. Dr. Joaquin was surprised to see us, and said we were both supposed to be in quarantine because Mr. Smith is sick. Dr. Joaquin had ordered that we be quarantined from the day of Mr. Smith’s x-ray so that Mr. Smith did not get anyone else sick, but no one had put us in quarantine.
15. The next day, on April 17, 2020, officers came to our cell and put us on another tier in SHU where they were keeping the sick inmates. We were in separate cells. We stayed there for one week, until April 24, 2020. There was another inmate on that tier with us because he had a broken jaw.
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16. While I was on the sick inmate tier of SHU, my temperature was checked through the feeding slot low down on the door. I did not get any other checks.
17. I heard of others in SHU getting sick but was unable to identify who because I cannot see other inmates in SHU other than my cellmate, I could only hear complaints of others not feeling well.
18. I have not heard about anyone getting tested for COVID-19. The medical staff walks around and inmates can ask to have their temperatures taken but do not get a regular temperature check without asking for it. Neither I nor Mr. Smith ever received a COVID19 test.
19. We received a thin surgical mask once a week, starting on April 14, 2020. We barely had any cleaning supplies to clean our cells. We got soap occasionally and did not receive toothpaste but baking soda instead.
20. We asked for soap but there are always so many officers running around that they don’t remember to give it to us. We have to wait until officers give out soap. Usually soap is given out Monday, Wednesday, and Friday but this was rarely happening regularly in March and April. There was always enough toilet paper.
21. We were not given towels or cloths to clean with. We used ripped up tshirts and socks to clean. We were given a half a cup of Ajax to clean once every other week.
22. During March and April, the unit was not cleaned any more than it was normally. On days when we had showers, inmates would dump their dirty clothes in the shower and they would sit there until orderlies would pick them up.
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23. There is only one phone shared between everyone in SHU, including those in quarantine. There is nothing to clean the phone with so we put a sock over it during use to protect from another person’s germs.
24. We received one bulletin about COVID in March and a second bulletin about COVID in April. When we received the second bulletin we got a spray bottle with pink sanitation liquid inside. This was the only time I was provided with this sanitizer.
25. There is no laundry or linen exchange in the SHU. To get fresh linens I had to tell an officer. We were supposed to get new clothes when we got showers Monday, Wednesday, and Friday but we did not get regular showers during March and April. We would usually get one shower a week, but even this was not consistent.
26. I couldn’t practice social distancing in SHU because I was locked in a small cell with Mr. Smith, and I was always handcuffed when I was taken to the showers. I heard a couple of officers say they were worried about getting sick.
27. I saw a couple correctional staff coughing at MCC. I saw two correctional officers coughing and sneezing without masks in April.
28. Staff are wearing masks for the most part but some wear them under their chins or remove them. The officers didn’t have gloves on all of the time. I noticed that they would collect trash and serve food with the same gloves on. Officers also went between tiers, including to the quarantine tier, without changing gloves.
29. The Warden is supposed to visit the SHU every Tuesday for a meeting with all the inmates. I saw the Warden one time in March and then the next time I saw the Warden was April 27th, the same day I was released.
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30. The main thing that bothered me was seeing my cellmate get sicker and sicker without being quarantined. I asked to speak to psychology and told her I was afraid I was going to get sick and die and I had a release date coming up. The psychologist said I’m safer in this cell than I would be at home with my family. Then the next week I was placed on quarantine along with my sick cellmate.
31. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 15, 2020 Brooklyn, New York

As reported by Terrell Brown to Hana Yamahiro
/s Hana Yamahiro______ Hana Yamahiro

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Case 1:20-cv-03315-ER Document 51-12 Filed 05/26/20 Page 1 of 8
EXHIBIT 12

Case 1:20-cv-03315-ER Document 51-12 Filed 05/26/20 Page 2 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ; ROBER GALVEZ-CHIMBO; SHARON HATCHER; JONATHAN MEDINA; and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF DAVID CROSBY

DAVID CROSBY declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is David Crosby and I was housed at the Metropolitan Correctional Center (“MCC”) from August 5, 2019 to May 13, 2020. My Registration Number is 62833-054. When I came to the MCC I was originally in 5S, then was moved to Otisville because of the gun incident, then went back to the MCC to 11S in middle of March 2020.
2. I am 43 years old. 3. I have the following medical conditions: I have severe asthma and have no spleen. 4. On 11S I was in Tier 10. There are 26 inmates to a tier, and six tiers, numbered 7
through 12. It is a dorm atmosphere once you get inside. There were about 130 people in 11S. We slept in bunk beds. The beds were so close that when lying down I could reach my arm out and touch the bed next to me. The beds were loose and weren’t secured properly; when you were in them they would shake. There is supposed to be a ladder to

Case 1:20-cv-03315-ER Document 51-12 Filed 05/26/20 Page 3 of 8
get to the top bunk, but there aren’t any ladders whatsoever at the MCC for this. It’s really unsafe because you have to use a chair, sometimes stacking the chairs, to get up to the top. 5. When the virus started kicking in they put us on lockdown. They never gave us masks; they only gave masks to the staff members. It wasn’t until recently that they started giving out masks. And the masks they gave were such bad quality, we had to keep rewashing them. They never gave us gloves, and they didn’t have unlimited spray bottles and soap. 6. They started up putting up signs a day prior to the inspection, indicating that you could request cleaning supplies, and reminding us to wash our hands. The warden was in there early in the morning telling people what to do. They brought out wax and buffers the day before the inspection, and the counselor told me, “make sure this is place is looking nice and sharp, we have visitors coming.” But I didn’t make an extra effort to clean anything, I wanted the people coming to see how it really is. It’s like someone who stinks putting on a new outfit when they didn’t take a shower, they are still dirty underneath. 7. The night before the inspection they brought someone back to our unit from the box. It was someone who had it, and had been taken out for 14 days. When he returned they had him working in the kitchen, where he could be touching everyone’s food. 8. I believe that everyone in there had it. Personally, I had every symptom except for a fever – I had body chills; I was waking up in a cold sweat; I couldn’t taste or smell; I had a cough, a sore throat. I had to keep drinking tea with lemon, and took Halls. They just started putting Robitussin and allergy medicine in the commissary but they didn’t have it there before. I requested medical care, but they said if I didn’t have a fever, they couldn’t
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do anything about it except give me Tylenol. And when you put in a request for a sick call on the computer it could take five days, even longer. 9. They tested three from 11S: Robert Russo, from Tier 9, Parisi, and a Brazilian guy, from Tiers 11 and 12. I used to call him Brazil. They all had it. Russo they took out in a wheelchair and he was gone for 23 days, but they brought him back to the same place. The other guys they brought back as well, and they didn’t quarantine their clothes, sheets, nothing. 10. I requested a COVID-19 test but I never got one. Even the warden tested positive. Everyone asks for tests, but if you are yelling or a little bit aggressive, they put you in the SHU. We would request a test and they would tell us they would come back, but they never did. They didn’t tell us anything about the protocol for getting tested. I know only about the people in our unit who got tested, and only the ones who were really in a bad way got tested. Russo tested positive, and they sent him away. But when they brought him back, they didn’t retest him or take everyone out of the tier and clean. So I saw, if they aren’t even retesting a guy they know had it before they put him back in with everyone, there is no chance that they are going to test me. 11. They removed one person from my tier, but they didn’t test him. Everyone in my tier had symptoms. Chris Karimbux – he had a fever one day and he couldn’t get out of bed; we made him get up and try to get medical attention; we didn’t want to get sick from him. They took his temperature and his fever was 100-something. But they just sat him down in the front of the room and brought him back Tylenol. They didn’t remove him. They said that you have to have a fever of 104 or higher for them to take you out.
3

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12. A lot of people were trying to act like they weren’t sick because once you tell them you are sick, they put you in the SHU. When you are in the SHU, you only get one call every 30 days. The living conditions are really bad there, and the mice in the SHU are even worse.
13. When they brought us back to 11S after Otisville, they mixed us in with pre-trial. I was a cadre – we wear greens, and the rest of the inmates wear jumpers. So I’m not supposed to be with people being sent back and forth to court. We heard that somebody from the MCC had gone to court with someone who tested positive. The first inmate who tested positive at the MCC was from 11S, and he was a cadre, but we don’t know how he got it.
14. There are mice everywhere. They don’t give people mouse traps. I have to turn my head the other way at night to not see them. They come out of the holes in the walls. I’m a grown man and I hate mice; I see one and they’ll make me jump up on the bed. They are running around everywhere like they own the jail. The day before the inspection they brought in the exterminator. There was also a lot of mold everywhere.
15. They didn’t give us any hot meals, only bagged up, cold food. 16. When you say you want medical attention, to get it you have to be so bad that you’ve
fallen down and are not able to get up anymore. 17. In the inspection, they called me out to talk to the lawyers. They asked to speak to Russo
too. I thought I would get to speak to them in private, but when I went up there, there was an officer, a big guy, who was present the whole time they were asking me questions. 18. When they do issue us spray bottles, they don’t give us any cleaning cloths or rags to use it with. People rip their old towels up to make cloths. But then they don’t clean the
4

Case 1:20-cv-03315-ER Document 51-12 Filed 05/26/20 Page 6 of 8
cloths, so you might clean the table with a rag, and then clean the phone with a rag, so really you are just making everything dirtier. The common areas were getting cleaned by us with the rags we made, but we never had anyone else come in to properly clean. 19. When the inspection came, they started handing out bars of soap. Before the inspection, we weren’t given bars of soap. So if you are unfortunate and don’t have any money in your commissary account, you had to borrow soap. 20. Not all of the staff members would wear their masks. They would come to work sneezing, coughing, not wearing their gloves. But they would still show up at work. 21. I was a food orderly, and my only job was supposed to be to hand out the food. But when I was out there I would help to wipe down the phones and computers because I noticed that the people who were supposed to be doing it were not. Everyone gets out for two hours every day, and between shifts at the phones and computers where one group leaves and the next comes in, it’s someone’s job to spray down the phones and computers. But even for this they had to use the dirty, hand-me-down rags, and it wouldn’t always get done. 22. It’s been a really long time since we were first on lockdown, since February 27th when a C.O. smuggled in a gun to one of the inmates, and we were still on lockdown when I was released. They have loosened some of the rules a bit recently – you are supposed to get 300 minutes a month for calls, but now they are giving 500 minutes and they don’t charge you for calls. Before, the commissary limit was 25 dollars a week, and now it’s 50 dollars a week. They’re doing these things because they realize how they are treating us inhumanely so they are trying to make up for it a little bit.
5

Case 1:20-cv-03315-ER Document 51-12 Filed 05/26/20 Page 7 of 8
23. There was only one washing machine and dryer for 11S. I didn’t have problems washing my laundry in the washing machine because I was an orderly. But a lot of people couldn’t wash theirs. Or they wouldn’t have any soap powder. Before, people used to wash their blankets and sheets in the washing machine, but two or three weeks before the inspection they said we couldn’t do this anymore, and started doing linen exchange. But I didn’t want to use the washing machine because sick people were washing their clothes in there and didn’t want their sickness touching my stuff. So I would hand wash my clothes every day and then would hang them up. They only give you one fan per tier, and it blows out dust.
24. Overall, my experience at the MCC was very mentally draining and it took its toll on me. For the gun incident, we were on lockdown being punished for something we didn’t even do; it was an officer who brought it in and he just got sent home pending further investigation while we suffered the consequences. The way they handled our property when they were looking for the gun was so disrespectful. I’ve been in prison for ten years, so the stuff I have is what I accumulated, like pictures of my parents, who both died when I was in jail. But they mixed up all of our stuff and we couldn’t get a lot of it back because they didn’t put it back with who it belonged to.
25. Inmates at the MCC feel like they don’t have a voice to speak up and raise their concerns. It was really hard to be in there with so many sick people. It really messed me up mentally and made me feel like I was on high alert and defense, just to see people approach me and always wonder if they had just washed their hands or not. I still feel jumpy even though I’m on the outside.
6

Case 1:20-cv-03315-ER Document 51-12 Filed 05/26/20 Page 8 of 8

26. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 26, 2020 New York, New York

As reported by David Crosby to Katri Stanley

7

Case 1:20-cv-03315-ER Document 51-13 Filed 05/26/20 Page 1 of 5
EXHIBIT 13

Case 1:20-cv-03315-ER Document 51-13 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF FRANKLYN DANSOWAH

FRANKLYN DANSOWAH declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Franklyn Dansowah. I was detained at MCC New York from December 18, 2018 to May 7, 2020. My Register Number is 77306-054. I was housed in various units, primarily on 5S (which used to be the cadre unit). I was in SHU from February 27, 2020 until the second week of March From the second week of March until May 7, 2020, I was housed on 11S, Tier 12.
2. I worked throughout the building as the head electrician orderly. I had a gate pass so I could leave the building and work outside the facility to fix lights. I fixed lighting and computers all over the building as well. I was responsible for cleaning the Warden’s office and the Captain’s office. I had this position until I went to SHU and the pandemic began.

Case 1:20-cv-03315-ER Document 51-13 Filed 05/26/20 Page 3 of 5
3. Right when the pandemic started, MCC converted the open dormitories on 11S into the cadre unit (moving us from 5S), and mixed us in with elderly and ill people, including a lot of pre-trial detainees.
4. When the lockdown for COVID-19 started, they said we had to be locked down too, even though we did not have cells. So they locked us in our tiers. Each tier holds 26 people. We have bunk beds without ladders that are placed close together. We share one unsanitary bathroom with one toilet, one urinal, and one shower. Our tier was filled with mice, gnats and flies. It was harder to socially distance once we were locked down because there was nowhere for the 26 of us to go to have space from each other.
5. For the first month of the lockdown, we were only given Fabuloso to clean our tiers. In mid-April, we got a red sanitizing liquid. We asked for bleach, which we knew MCC has, but they said no.
6. In the last part of March, people on my unit started getting sick. We think we got sick from staff. We know the head of the CMC had COVID-19, a few officers had it, and the Warden did too.
7. Once people on our unit got sick, the MCC stopped having inmate orderlies go to the kitchen to cook. This meant everyone in the building got cold food for all three meals, for three or four weeks. Then the MCC tried to have some of the female inmates cook for everyone, but they got sick too, and the female unit got quarantined.
8. On my tier, two guys got sick right away: Brandon Parisi and Daniel Vernon. At this point, no one was coming around taking temperatures or asking how we were feeling. The other guys on my tier noticed that Parisi and Vernon didn’t look right and were staying in bed a lot. We told the officers so they could get medical attention. But instead
2

Case 1:20-cv-03315-ER Document 51-13 Filed 05/26/20 Page 4 of 5
they just got tested and then put in the SHU. Another guy in my tier, Tim Williams, got sick after Parisi. He just stayed in the bed and never got care or got tested. 9. When the medical staff started coming around taking temperatures, they did not care if people had other symptoms – cough, chills, diarrhea. They just left them in bed unless they had a fever. 10. After Parisi and Vernon went to the SHU, several people got symptoms on the unit but didn’t want to say anything to medical because they did not want to get put in the SHU too. 11. At the end of April, I had a cough but I don’t know if it was COVID or not. 12. After someone in our tier got sick, and was taken to SHU, we would ask officers for disinfectant and they would just say no, we don’t have any. They weren’t our regular officers or unit team. Our regular officers had been replaced by officers from all over (Lewisburg, Otisville, Danbury, Ft. Dix) who did not care about us. 13. We were trying to give our home confinement and compassionate release papers to the officers but they said only our unit team could take them. The week before I was released our unit team finally came back. 14. When the Warden came around, we would ask about compassionate release and home confinement, and the Warden would tell us it was a whole process, and a lot of steps, and there was nothing she personally could do about it. People would tell her their history and she would say on the spot they did not qualify.
3

Case 1:20-cv-03315-ER Document 51-13 Filed 05/26/20 Page 5 of 5
15. One guy on the unit (Jamal Wheeler) had four or five seizures during the lockdown. We kept telling the officers that he needed medical care, but no one came. Then, one time, the nurse was there taking temperatures, and Wheeler had a seizure in front of her. He had been on the phone with his mom and he ended up on the floor seizing with the phone cord dangling. The nurse just took his temperature, told him to drink a lot of fluids, and left. No one ever came to check on him.
16. We did not receive masks until mid-April. 17. New people continued to come to our unit throughout the lockdown. A new person came
to my tier on May 1, 2020.

Executed on: May 21, 2020 Brooklyn, New York

As reported by Franklyn Dansowah to Deirdre D. von Dornum
/s/ Deirdre von Dornum
Deirdre von Dornum Federal Defenders of New York

4

Case 1:20-cv-03315-ER Document 51-14 Filed 05/26/20 Page 1 of 4
EXHIBIT 14

Case 1:20-cv-03315-ER Document 51-14 Filed 05/26/20 Page 2 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZROBER GALVEZ-CHIMBO SHARON HATCHER JONATHAN MEDINA and JAMES WOODSON, individually and on behalf of all others similarly situated,
3HWLWLRQHUV
-Y0$57,/,&219,7$/(LQKHURIILFLDOFDSDFLW\ DV:DUGHQRIWKH0HWURSROLWDQ&RUUHFWLRQDO&HQWHU
5HVSRQGHQW

No. 20 Civ. 
DECLARATION OF DARIUS DAVIS

DARIUS DAVIS declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Darius Davis and I have been housed at the Metropolitan Correctional Center (“MCC”) since December 2019. My Registration Number is 86548-054. I have been housed on Unit 5 South since March 2020.
2. I am 27 years old. 3. I have the following medical conditions: asthma and a heart murmur. 4. There are about 60 people on my unit. We are housed in double cells. We share phones,
email terminals, and showers. 5. New people last joined my unit on or about May 7, 2020. Two people came. I
understand that one of them had been in the SHU. I understand that the other one came from the street; he was not quarantined until after he had mingled with my tier and at least one other tier.

Case 1:20-cv-03315-ER Document 51-14 Filed 05/26/20 Page 3 of 4
6. I had symptoms of the coronavirus in April. My bunkmate complained of a fever first. Then I lost my sense of smell and taste, and I experienced fever and chills. I wrapped myself in a blanket. I asked correctional officers for medical care. They said they would ask medical to see me, but no one came. I also asked to speak with the lieutenant, but he did not come either and the officers did not come back to check on me. I did not see a medical professional for about two weeks. By that time my symptoms were gone.
7. I was never tested for the coronavirus. To my knowledge, only one person on my unit has been tested.
8. Recently we have been given cleaning supplies and cloth masks. We got the masks in or about late April and the cleaning solution in or about early May. We have not been given gloves.
9. The jail has not been removing garbage regularly, and they are still having other inmates deliver the food to our cells. They let about eight people out at a time for less than an hour at a time to use the phones, email, and showers. Sometimes they let the people who are out of their cells talk through the bars to those who are locked in.
10. I have not been able to do laundry in a machine since late March. I try to wash my clothes in the sink.
11. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid
2


Case 1:20-cv-03315-ER Document 51-14 Filed 05/26/20 Page 4 of 4

throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. The purpose of this study, procedures to be followed, risks and benefits have been explained to me. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 11, 2020 Westchester, New York

As reported me by Darius Davis,
/s/ Clay H. Kaminsky Assistant Federal Defender Federal Defenders of New York, Inc. 52 Duane Street, 10th Floor New York, NY 10007
Counsel for Darius Davis

3


Case 1:20-cv-03315-ER Document 51-15 Filed 05/26/20 Page 1 of 6
EXHIBIT 15

Case 1:20-cv-03315-ER Document 51-15 Filed 05/26/20 Page 2 of 6

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF TIFFANY DAYS

TIFFANY DAYS declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Tiffany Days and I have been housed at the Metropolitan Correctional Center (“MCC”) since August 14, 2019. My Registration Number is 76333-054. I have been housed on Unit 2 since arriving at MCC.
2. I am 39 years old. 3. I have severe asthma. I am on MCC’s “at-risk” list. About one and a half years ago,
before I was incarcerated, I had to be hospitalized at St. Luke’s for breathing issues. 4. Beginning around March 29, 2020, I was not feeling well. I was very fatigued and
lightheaded. I asked the unit team to call medical and they said they would, but no one came. When the pill line staff came through our unit, I told them I did not feel right but they just said I had to see medical on a sick call. When my temperature was taken, I tried to ask for help but the jail staffer told me it was someone else’s job.

Case 1:20-cv-03315-ER Document 51-15 Filed 05/26/20 Page 3 of 6
5. On Friday, April 3, 2020, I was even more tired and had begun to cough up a lot of phlegm. At least ten other women in my unit were also not feeling well, so the unit team got medical staff to come. I was taken to the exam room in my unit to get my temperature taken and the nurse said it was high. The nurse then picked up the phone and called the doctor, saying, “We have another one.” The nurse then described my symptoms to the doctor.
6. When I saw the nurse on April 3, she rushed in about ten of us around count time to examine us. After she saw me and said I was sick, she never gave me a mask. She handed me two pairs of gloves and they had me walking around the unit after the exam. Another woman I was next to got sick the next day with a high fever and was quarantined in her room. She could barely get out of her bed. She stayed in quarantine for a couple of weeks.
7. About two hours after I saw the nurse, after count was over, a captain came and walked me to the suicide watch room, which is used as the SHU for punitive measures in the women’s unit. I asked why I was going there since I had no cellmate and could be isolated in my cell. The captain just told me to get in. The captain was not wearing a mask. Only medical staff had masks at this point.
8. The first few nights I was in SHU, I had no sheets or blanket. Cold air was blowing out of the vents right over my head on the bed. I think the staff had not been properly educated about COVID-19 at that point because various staff members would walk by me in SHU and make comments like, “Let’s see who’s infected.”
9. I asked the officers for water but they didn’t give me any. They told me to just drink from the sink in the cell. I was so dehydrated. One day I was so dehydrated my lips were
2

Case 1:20-cv-03315-ER Document 51-15 Filed 05/26/20 Page 4 of 6
bleeding and blood was coming through my mask. The medicine they gave me said to take it with a full glass of water. The sink in SHU is full of spit - it is very dirty. I wasn’t given cleaning products until about the eighth day I was locked in there, when I was given products and 20 minutes extra to clean the cell. 10. The first two days I was in SHU were the weekend, and no one checked on me. Staff just put food through my door. 11. Starting on Monday, someone would come by and take my temperature and blood pressure through the feeding slot on the lower part of the door. They would ask how I was feeling but they never opened the door to check on me. I felt like they were scared to touch me, even though the doctor had a mask on. 12. I asked for a COVID test but they told me that they did not have any tests. 13. When I was in isolation, there was also not enough food. In the morning I would get cereal and milk. For lunch we were getting peanut butter and jelly with expired chips. At night we were getting a little pack of four slices of bread and a few slices of bologna or turkey and a granola bar. We just started getting hot meals again a few weeks ago. I have never drunk milk when I was sick before. I am asthmatic. When you have phlegm on your chest the doctor does not recommend milk and peanut butter. I think this food gave me diarrhea, I had to bang on the door and beg for toilet paper from a male guard. 14. The whole time I was very scared I would not make it out of SHU. 15. Since I came out of isolation, I have been experiencing a loss of circulation in my fingers. I just have shooting pain through my fingers to my wrist and hands and then a numbness. I have never felt this before. I try to shake it out, but it does not help. I called psych on Friday, May 15, because I wasn’t feeling good. I keep thinking about when I had been in
3

Case 1:20-cv-03315-ER Document 51-15 Filed 05/26/20 Page 5 of 6
isolation. I was also having chest pain in addition to the pain in my wrists and hands. Psych called the doctor who told me it might be stress. She didn’t even listen to my chest. The pain is not stopping though. I am scared to get sick again. 16. Around the time I got sick, a lot of officers, including the warden, disappeared. I think they may have gotten sick but I don’t know. 17. The day before our unit was inspected, we were instructed to clean it ourselves. That same day they put up COVID informational posters. Early on, staff were bringing in extra cleaning supplies to clean their own bubble but we had none of that. 18. They stopped selling batteries since February so we can’t listen to the TV. We all have Walkmans but no batteries so we can’t listen to the news to know what we should be doing to protect ourselves. 19. They just brought two little bars of soap per person the day before the inspection. Before that we didn’t have any soap. We never know when we are going to get soap. The only thing they make sure to give us is toilet paper. But I had to complain to the warden about that because they were giving us only one roll from Tuesday to Saturday. That is not enough for women. When I was in isolation, I got my period and had to bang on the door and beg for pads and he brought me tampons. 20. The phones are cleaned by white cloths. There is spray in the guard bubble. We only have Pine Sol and Fabuloso to clean the unit or cells ourselves. 21. I have one loose surgical mask that we have been given once per week starting April 14, 2020. We are now each being given two cloth masks, but they don’t fit my face well. We are supposed to put all the masks in the laundry together but we don’t want to share masks with each other this way.
4

Case 1:20-cv-03315-ER Document 51-15 Filed 05/26/20 Page 6 of 6

22. We are in quarantine but they act like we are in lockdown. We have to beg for gloves, cleaning supplies, and to see medical.
23. We have random officers in our unit. We don’t have set officers here. The officers are working a 12-hour schedule, from 6 to 6.
24. I am still having chest pains on the left side. 25. I consent to my BOP medical records being provided by the BOP to Covington &
Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 18, 2020 New York, New York

As reported by Tiffany Days to Hannah Rosner
/s Hannah Rosner Hannah Rosner

5

Case 1:20-cv-03315-ER Document 51-16 Filed 05/26/20 Page 1 of 5
EXHIBIT 16

Case 1:20-cv-03315-ER Document 51-16 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF MANOLO DONES

MANOLO DONES declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Manolo Dones and I have been housed at the Metropolitan Correctional Center (“MCC”) since January 2019. My Register Number is 86214-054. I currently am housed on the 7-South unit.
2. I am 49 years old. 3. I have been a smoker, have severe food allergies, and have cirrhosis of the liver. I am
also a recovering heroin addict. 4. There are about 75 people on my unit. We are housed in double cells. We share phones,
email terminals, toilets, and showers. 5. New people last joined my unit, as best as I can remember, in the third week of March.
One of the two new people who came in was coughing blood. After a day or two, BOP staff took him away; I don’t know where he went. Another person in my unit was

Case 1:20-cv-03315-ER Document 51-16 Filed 05/26/20 Page 3 of 5
removed a little later. I think he tested positive for coronavirus. After he was taken from the unit, BOP staff also removed his cellmate and two others from the unit. 6. I have my own soap, which I buy from the commissary. Only about two weeks ago did MCC start giving out soap and some other toiletries. We are given one roll of toilet paper each week. If we run out, the only way to get more is to buy it. 7. MCC does not give us cleaning materials for our cells. The only cleaning implements available in my unit are a broom, dustpan, and dirty mop. The mop is so dirty that it is worse than nothing. 8. Recently, staff have begun spraying disinfectant around the unit. The disinfectant is harsh and causes me and others to have pain in our chests and throats and to cough. 9. MCC first gave us one mask each approximately three weeks ago. The masks are washable. If you don’t or can’t wash your mask, you don’t get a new one. We have never been given gloves. 10. I am an orderly in my unit. In that job, I serve food to others in the unit. I was not given any protective equipment to do this work, not even gloves for handling others’ food. 11. We have been locked down since March 13, 2020. This means I am in a small double cell with my cellmate for 23 hours a day. 12. This current lockdown came right after a series of other lockdowns. During those lockdowns I was also made to stay in my cell for 23 or 24 hours a day. While they were searching the whole facility, I was made to lie down on the floor for hours at a time. They also gave me an X-ray without my consent. All of my property was taken and destroyed without any explanation.
2

Case 1:20-cv-03315-ER Document 51-16 Filed 05/26/20 Page 4 of 5
13. In mid-March, right before the current lockdown, BOP staff assaulted my unit using flash-bang grenades, gas, and beanbag guns. We were just watching TV. A staff member later told us that it was all a mistake. They were supposed to be responding to something that happened in a different unit. The aftereffects of the gas and grenades gave me chest pains, and I was vomiting for days afterward.
14. In early April 2020, I started to have significant pain when I breathed, and a dry cough. Both I and my counsel repeatedly asked MCC to give me medical testing and treatment, but MCC ignored our requests. I made these requests in person, because in my experience written requests or complaints don’t get attention. My counsel’s requests were in writing. Weeks later, in response to the requests from my counsel, I was finally seen by MCC medical staff. I received blood testing, but I have not been informed of the results of that testing. I have never been tested for COVID-19.
15. In general, I have had a number of health issues, but MCC has given me little treatment for either my underlying medical conditions or new illnesses, even though I keep asking to see a doctor. I have previously been diagnosed with cirrhosis of the liver, for which I have received no medication, or treatment at MCC. MCC does not give me food consistent with my severe allergies, which include being allergic to peanuts and tomatoes. I have had to be given an epinephrine injection because MCC gave me food that caused a severe allergic reaction, including difficulty breathing.
16. One occasion that I received medical treatment since I arrived at MCC that I can recall is a course of antibiotics I was given when I developed a pelvic infection and swelling approximately the size of a baseball in my lower abdomen. The doctor or nurse who
3

Case 1:20-cv-03315-ER Document 51-16 Filed 05/26/20 Page 5 of 5

gave me the antibiotics said I probably got the infection from drinking the water here. I understand at least one other inmate may have gotten a similar infection. 17. More recently, this month, a cell door fell on my hand and injured it. MCC staff did not give me an X-ray for about a week and a half, even as my hand and wrist turned purple and I worried I had broken bones in my wrist. I still haven’t been informed of the results of the X-ray.

Executed on: May 20, 2020 Briarcliff Manor, New York

As reported by Richard F. Albert, Esq. on behalf of Manolo Dones
/s/Richard F. Albert
Richard F. Albert (RA-5603)
Morvillo Abramowitz Grand Iason & Anello P.C. 565 Fifth Avenue New York, NY 10017 (212) 856-9600 ralbert@maglaw.com

4

Case 1:20-cv-03315-ER Document 51-17 Filed 05/26/20 Page 1 of 5
EXHIBIT 17

Case 1:20-cv-03315-ER Document 51-17 Filed 05/26/20 Page 2 of 5

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Case 1:20-cv-03315-ER Document 51-18 Filed 05/26/20 Page 1 of 4
EXHIBIT 18

Case 1:20-cv-03315-ER Document 51-18 Filed 05/26/20 Page 2 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF ANTHONY FLYNN

ANTHONY FLYNN declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Anthony Flynn and I have been housed at the Metropolitan Correctional Center (“MCC”) since August 7, 2019. My Registration Number is 87081-054. I have been housed on Unit 5 South since March 12, 2020.
2. I am 36 years old. 3. There are approximately 80 people on my unit. We are housed in double cells. We
share phones, email terminals, and showers. 4. New people last joined my unit on approximately May 14, 2020; about eight people came 5. I have access to soap and was last given a hygiene kit on approximately May 8, 2020.
Before March 12, 2020 there was a shortage of soap. I have never received hand sanitizer and have had to use newspaper intermittently as toilet paper when there is a shortage.

Case 1:20-cv-03315-ER Document 51-18 Filed 05/26/20 Page 3 of 4
6. My unit is locked in 23 hours and 10 minutes of every day. Accordingly, I do not know how often my unit is cleaned or whether phones and computers are cleaned by MCC staff between uses.
7. Approximately one month ago, I was first given a disposable mask. Since then, I received two cloth masks. I wash them by hand on my own. I have never received gloves.
8. We have been locked down since March 13, 2020. Currently, I am in a double cell with my cellmate 23 hours and 10 minutes every day and am able to exit my cell for 50 minutes a day. On the weekends, I am locked in 23 hours and 20 minutes every day, and am able to exit my cell for 40 minutes a day.
9. Since we have been locked down on March 13, 2020, I have not had a meal outside of my cell. There are efforts to impose social distancing at phones and computer terminals, but we are still forced to bunk with someone which makes true social distancing impossible.
10. Around March 21, 2020, I began experiencing various symptoms, including a fever, chills, a very bad headache, and, after the fever went away, I lost my sense of taste and smell. I did not receive any medical assistance while I was sick.
11. I do not know exactly what happens now when someone is symptomatic, but I have only seen one person on my tier be removed from the unit for being sick.
12. I am concerned that we are not getting proper personal protective equipment and do not know why the jail is not selling masks or gloves at commissary.
2

Case 1:20-cv-03315-ER Document 51-18 Filed 05/26/20 Page 4 of 4

Executed on: May 15, 2020 New York, New York

As reported by Anthony Flynn to Andrew J. Dalack, Esq.
/s/ Andrew J. Dalack Federal Defenders of New York

3

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 1 of 8
EXHIBIT 19

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 2 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF CARLOS GARCIA

CARLOS GARCIA declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Carlos Garcia and I have been housed at the Metropolitan Correctional Center (“MCC”) since October 16, 2019. My Register Number is 87297-054. I have been housed in several different units since October. I was originally in 11 North. Later, I spent a little time in the box and then went back to 11 North. On March 2, 2020, I moved out of MCC to Otisville for four or five days after someone brought a gun into the building. When I was brought back to MCC on March 6 or 7, I was placed in 5 North. From April 2nd to April 19th, I was placed in an isolation unit because I was really sick. On April 19th, I was put back in 5 North and have remained there.
2. I am 36 years old. 3. As a child I had asthma and I was told that my heart was undersized. If I do too much
activity, I get short of breath. I told the BOP but they haven’t done anything.

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 3 of 8
4. There are somewhere around 85 to 96 people on my current unit, 5 North. We are housed in double cells. I share a toilet and sink with my bunky and everyone on the unit shares phones, computers for email, tables to eat at, and showers.
5. Even before the virus, things were bad at MCC. We have not had heat in our unit since around December. Even now in May, I sleep with two shirts, a sweater, two pair of boxers, one pair of pants and three blankets and it’s still cold.
6. On February 27 when I was still in 11 North, things got worse when someone smuggled a gun into the building and we were locked in. We were locked in our cells 24 hours a day. The kitchen closed after the first day and we started getting cold bagged sandwiches for every meal. The guards started searching cells and searching people. Then the lights went out on the unit. The lights stayed out for five or six days. We didn’t have any showers for five days. On March 2, they moved me and a lot of other people to Otisville. On March 6 or 7, I was moved back to MCC and into 5 North.
7. Once I was in 5 North we were still on 24-hour lockdown. After a week or so, we were let out and things went back to normal. Within days, around mid to late March, they started locking us in again, this time because of the virus. For the virus lockdown, they only let us out of our cells 50 minutes a day, but at first, I got to come out more often because I worked in the kitchen.
8. By the end of March, I got very sick and they wouldn’t give me a COVID test or any treatment.
9. On Thursday, March 26, I was working in the kitchen and started to feel bad. After my shift, my head hurt so bad that I lay down to sleep. When I woke up the next morning,
2

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 4 of 8
March 27, my head still hurt and I was covered in sweat. I had never had a headache that bad before. I told a female C.O. named Lupo that I was too sick to work that day. 10. When the morning doctor, Joaquin, came to the unit that day, I told him I was sick. I told him I was sweating, I had a headache and my chest felt really tight. I also told him I wanted a COVID test. He wouldn’t give me a test and he didn’t check me for any symptoms and didn’t take my temperature. The only thing he said was that I should put in a sick call on the computer. 11. That same day, March 27, after I spoke with him, I used the computer to put in the sick call, but I didn’t see a doctor. 12. I was sick all weekend and into the next week. I was constantly coughing and I also felt a pain in my chest like someone was sticking me with needles. I wasn’t sweating the whole time, but some nights I would wake up sweating and sometimes I would sweat in the day. I never saw a doctor or a nurse during that time and didn’t get any treatment or medicine. 13. At that time, we were still locked in our cells just about all day. My bunky started to complain about all the coughing. He kept saying I was going to get him sick. After a few days, I moved to a different cell, so I wouldn’t have any problems. My new bunky didn’t complain, but by Wednesday he said I had to get some help because I was really sick. 14. On Thursday, April 2, 2020, my bunky and I both spoke to a black, male nurse who came on the unit. We both told him I had been really sick for a week and needed to see a doctor.
3

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 5 of 8
15. They finally took me out of the cell. I was given a mask (that was the first one I had received one) and they took me to the medical unit. In the medical unit they only took my temperature. I asked for COVID testing again and the doctor said they didn’t have any tests.
16. They did not give me any treatment and no medicine. The doctor in charge, Dr. Bodig, told me to buy cough medicine from commissary.
17. I insisted that there was something really wrong with me and that I had been coughing all week. They finally said they would put me in isolation.
18. I waited in a chair in the medical unit for three hours and then then they took me to an isolation unit. They said they would keep me there in quarantine for two weeks. I thought they would give me treatment and medicine, but they didn’t.
19. The isolation area was on the 3rd floor of MCC. I was locked in a cell alone 24 hours a day. They would come around twice a day, 8am and 3:30pm, to take my temperature. There was no other testing or treatment. I never received a COVID test. The only medicine I received was a ziploc bag with 12 Tylenols. The BOP printout label on the medicine was from two or three months before. I only took a few pills and I still have the bag and the label.
20. When I first was placed in isolation I was able to make a call or two, but later they said that the warden had changed the policies and that people in isolation could no longer have access to phones at all. I wasn’t able to tell my family or my lawyer what was happening.
21. When I first went into isolation I wasn’t getting showers and they only started giving us showers three days before I left the isolation unit.
4

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 6 of 8
22. We weren’t able to access commissary in isolation. There were initially no hot meals and we received bagged food – bologna or peanut butter and jelly sandwiches and chips – for all three meals. Five days before I left isolation, they started given a hot meal for lunch. The other two meals were still bagged sandwiches. The only thing to drink was water from the sink.
23. When you are in isolation they are supposed to do a check on the inmates every 30 minutes, but they never did that.
24. While in isolation I could only see the inmate in the cell directly across from me, but I could talk to and hear other people. Lots of people were sick and we all talked about how bad things were.
25. The inmate in the cell across from me was a Hispanic man. We talked a lot and I sometimes would translate for him with the guards who brought the food or the people who took our temperatures because he didn’t speak English. At night he would stay up talking to me. He said he was scared he was going to die because he kept coughing and he couldn’t breathe.
26. Before the two weeks were over my cough went away, but I feel like I could have died in there with no help.
27. On April 19th, they took me out of isolation and put me back in 5 north. 28. Now that I am back on 5 North new people continue to join the unit. At least one new
person came to the unit today, May 12, 2020. 29. When we were on lockdown because of the gun, there was no cleaning in the unit and no
one removed the garbage. Garbage was piled up everywhere and the unit smelled like vomit and trash. There were flies everywhere.
5

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 7 of 8
30. When that lockdown ended, the unit was cleaned up. Orderlies were taking out trash and cleaning up, but they didn’t have masks or gloves on before I went to isolation. By the time I got back from isolation on April 19, the orderlies had on masks and gloves.
31. About a week ago, a man came to the unit with some type of a machine and sprayed chemicals. They said it would help kill the virus.
32. Before the gun incident in February, they used to give us cleaning supplies once a week so that we could clean out our cells. They have not given us cleaning supplies in months. When the cells are open, I try to brush things off. I also know some of the orderlies and have occasionally been able to get one to lend me their cleaning bottle to clean off my toilet and sink.
33. When I first arrived in MCC, they would give us soap every week. But they haven’t given us soap for months, they stopped in February during the lockdown because of the gun. Now every week they give each inmate a bag with a toothbrush and toothpaste, shampoo, deodorant and a comb. They don’t provide soap. If you want soap, you have to buy it with your own money from commissary.
34. They used to give each inmate one roll of toilet paper a week, but a week or two ago they started giving us two rolls a week.
35. Within the last few weeks orderlies have started cleaning the phones and computers throughout the day after people use them. They weren’t doing this before.
36. They give us one new mask every two weeks. They are made out of cloth. 37. My unit did not have a laundry machine for a long time. We would all drop laundry one
day a week and it was taken from the unit and washed. I was concerned about my laundry getting contaminated because I didn’t know who would be washing it, who else’s
6

Case 1:20-cv-03315-ER Document 51-19 Filed 05/26/20 Page 8 of 8
clothes they would be mixed with and whether they were sick. I used to wash my clothes in the shower, but I wasn’t always able to because I didn’t have soap. They just installed laundry machines in our unit a week or so ago. 38. Since the lockdowns started because of the virus, I have never heard of anyone actually getting COVID testing. 39. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. The purpose of this study, procedures to be followed, risks and benefits have been explained to me. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.
Executed on: May 13, 2020 South Orange, New Jersey As reported by Carlos Garcia to Jennifer Willis /s/ Jennifer Willis
7

Case 1:20-cv-03315-ER Document 51-20 Filed 05/26/20 Page 1 of 5
EXHIBIT 20

Case 1:20-cv-03315-ER Document 51-20 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ ROBER GALVEZ-CHIMBO SHARON HATCHER JONATHAN MEDINA and JAMES WOODSON, individually and on behalf of all others similarly situated,
3HWLWLRQHUV
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MARTI LICON-VITALE, LQKHURIILFLDOFDSDFLW\ DV:DUGHQRIWKH0HWURSROLWDQ&RUUHFWLRQDO&HQWHU
5HVSRQGHQW.

No. 20 Civ. 
DECLARATION OF RODNEY GRIFFIN

RODNEY GRIFFIN declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is RODNEY GRIFFIN and I have been housed at the Metropolitan Correctional Center (“MCC”) from 4/3/2018 to the present. My Registration Number is 37897-054. I have been housed on 11 South unit since February 27, 2020. Prior to that, I was housed in unit 5N. I was sentenced on 1/9/2020 and scheduled for transfer to my designated facility on February 17, 2020 but have not been transferred due to the lockdown and COVID-19 pandemic response.
2. I am 55 years old.
3.  
  
  
    with bunk beds placed only two feet apart separated only by a locker making the recommended six-feet of social distancing impossible. We have had as many as 25 people at a time on our tier. The unit is designated for people over the age of fifty with compromised health, cadres and food workers, but many times the unit receives inmates that have been returned from quarantine and/or the Special Housing Unit. We share five phones, four email terminals, four computer keyboards, two tables to eat at, and one bathroom with one shower, one toilet, and one sink.
4. Two new people last joined my unit during the week of 5/11/2020.
5. I have received soap every two weeks. No hand sanitizer has been distributed. Toilet paper is distributed two to three times per week, one roll at a time.

Case 1:20-cv-03315-ER Document 51-20 Filed 05/26/20 Page 3 of 5
6. I have received enough cleaning supplies for my dorm and was instructed to keep my area clean. Cadre inmates come by weekly to pickup garbage only.
7. No additional or increased cleaning has been done on the unit. Although I keep my area clean, the dorm itself is “nasty.” It is extremely dirty and we are all in close proximity to each other. There is no way to get fresh air and no opportunity to air out the dorm. We are instructed to clean the phones and keyboards between uses but are rarely supplied with cleaning spray in the phone and email terminal area shared by everyone. There are only two tables in the unit that are each eight feet long making it impossible for the number of people on the unit to eat there and social distance. Therefore, most people eat on their bed.
8. I received disposable face masks for the first time three weeks ago. The masks were the standard blue and white disposable surgical masks. I received three masks and used one per week. One week ago (week of 5/11/2020) I received a re-usable, washable face mask made of fabric. I am responsible for washing my mask daily. No additional masks have been provided since I received the washable mask. No gloves have been supplied at all.
9. We have been locked down since March 13, 2020. This means I am in an open dorm with 21 other people in bunk beds separated only by a locker. This allows for just two feet of separation between individuals. There is no way to practice six-feet of social distancing. When the lockdown occurred on February 27, 2020, we were locked in completely. There were security shake downs every two hours for two weeks. All of my property was confiscated and has not been returned including my eyeglasses which I need to be able to see and read. The total lockdown continued for six weeks. This means I was locked in with no movement and no phone calls. I had to eat on my bed and was served an ice-cold frozen sandwiches three times a day. The guys on the unit began asking for help from the psychiatric/mental health staff because they had not heard from their families or spoken to anyone in weeks. Everyone was worried about their families and were not allowed to contact anyone. Due to the shake downs, officers confiscated all radios leaving them with no information about the pandemic or what was going on outside of the facility. After six weeks of this, we were allowed to talk on the phone and send emails three days a week (Tuesday, Wednesday and Friday) for about an hour a day. We were allowed to shower every two to three days. About a month ago, a twenty-two hour lockdown and two hour free time daily schedule began that continues to this day.
10. Social distancing is impossible. There is no social distancing practiced on the pill line because there is no space for it. Meals are eaten in bed or standing in a corner because there is no room on the two dining tables to allow for social distancing. Even when eating on the bed, we are merely two feet apart. Everyone on the unit is allowed to make calls and send emails for a period of about an hour and forty-five minutes. The seats for the phones and terminals are not six-feet apart. Everyone sits close together and the phones and email terminals are not wiped down between uses. At first, they provided spray bottles with cleaning solution and rags for about a week but those have not been provided since. The guards generally keep their distance when distributing mail or addressing them. However, random searches of the units by officers that are not regular staff members continue. They do not keep their distance and come in at least weekly since the


Case 1:20-cv-03315-ER Document 51-20 Filed 05/26/20 Page 4 of 5
initial lockdown on February 27, 2020. It is not clear where these search teams are coming from.
11.I experienced coughing, achiness in my body, chills and sweating. I was unable to get out of bed and had no appetite. The symptoms seemed to pass from inmate to inmate within the dorm. I asked the officer and person distributing medication on the pill line for medical help orally but was told to lay down and given Tylenol and Motrin. These symptoms lasted at least three days and no one came to provide care from the medical staff. I did not ask for testing because no one is being tested. Even inmates returning to the unit after quarantine do not receive testing. Many on the unit have begged for medical attention and no one has come to help.
12.Many of the guys on my unit experienced symptoms. They called out for medical help and were ignored by officers and told to lay down. Many coughed through the night and complained of difficulty breathing but no medical help came. Those experiencing symptoms were extremely weak, could barely eat or get out of bed.
13.When someone is symptomatic, they usually speak with the person running the pill line. I have not seen any doctors or medical staff respond to oral requests for help. No one could submit medical requests via email because they were on lockdown most of the time and could barely get out of bed. The staff only came to get one inmate because he allegedly was exposed to an inmate that tested positive and had 102 degree fever during a court appearance. He was placed on quarantine and returned to 11 South without testing. Only one other guy was removed from the unit because he passed out on the floor. He was also returned without testing shortly after being removed from the unit.
14.The facility is not doing anything to protect us from getting sick. People are contagious everywhere in close proximity and nothing is being done to prevent the spread. Orderlies come in only to collect garbage. They are wearing masks but travel throughout the facility to different units. Common areas are not being cleaned at all. We are responsible for cleaning our area but the bathrooms, showers, eating area, email terminals and phones are not being cleaned by anyone. No laundry service was provided until two weeks ago (week of 5/4/2020). This means we have had the same bedsheets and clothing since the end of February. I was able to wash my underwear and socks in the sink by hand but only had one pair of each due to the searches starting February 27, 2020 when all of my property was confiscated. We were not provided clean sheets or a change of clothing during this period. Two weeks ago one washing machine and one dryer were brought into the unit. The cadre staff now collects laundry and washes it once a week for everyone on my tier.
15.The staff is wearing black fabric face masks. I have seen all staff wearing masks but only some wear gloves.
16.I have seen three staff members exhibiting symptoms. I saw Correctional Officer Ms. Roberts coughing without covering her mouth or wearing a face mask. She was coughing repeatedly for several days in the unit. She went on sick leave for a month after that. Warden Vitale also came through our unit and I observed her coughing and she looked
 

Case 1:20-cv-03315-ER Document 51-20 Filed 05/26/20 Page 5 of 5

like she was coming down with something. Lastly, an officer known as “Ms. Ace” also exhibited a cough. All three staff members took time off for about a month.
17.I am unaware if staff works on different units but cadres on my unit travel to different units to pickup garbage and do laundry.
18.I have not seen any special measures taken in the facility to clean or prevent the spread of COVID-19 or to prepare for the inspection. I have not seen anything done to help the situation after the inspection either. The conditions continue to be deplorable.
19.I am concerned because I have been designated but cannot be transferred due to COVID19. New people continue to come into the unit and not many have received compassionate release. I am worried I will get sick because no precautions have been taken to protect us or prevent the spread of the virus.

Executed on: May 20, 2020 New York, New York

As reported by RODNEY GRIFFIN to Elba L. Torres-Perez, LMSW
/S/ Elba L. Torres-Perez Client & Mitigation Specialist Federal Defenders of New York

 

Case 1:20-cv-03315-ER Document 51-21 Filed 05/26/20 Page 1 of 4
EXHIBIT 21

Case 1:20-cv-03315-ER Document 51-21 Filed 05/26/20 Page 2 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF CHRIS KARIMBUX

CHRIS KARIMBUX declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Chris Karimbux, my Registration Number is 13025-104. I have been incarcerated at the MCC since January 13, 2020. I am currently housed on 11S. I was previously housed on 5S, but during the search for the gun that a correctional officer brought into the facility, they moved me and many other inmates to FCI Otisville. We came back right before the facility was locked down because of COVID-19, on March 13, 2020, and I have been housed on 11S ever since.
2. I am 38 years old. I have no preexisting medical conditions. 3. When we came back from FCI Otisville, one of the guys on my unit, Brian Capellan, got
sick pretty quickly. He was coughing and had fever and chills. He was on the bunk underneath me. Medical just left him there.

Case 1:20-cv-03315-ER Document 51-21 Filed 05/26/20 Page 3 of 4
4. Sometime around the end of March or early April, I developed a high fever. I was shaking and my whole body was in pain. I lost my sense of smell. I sent requests over the computer to be seen by medical, but no one came.
5. At that point, the nurse was coming to take our temperatures about two times a week. (Later on, this increased to once a day most of the time.).
6. One day, the nurse took my temperature and it was 105 degrees. I asked for medicine or a test, and she said no, that it had to be 106 degrees for that to happen. She gave me Tylenol and told me to take two tablets every four hours. I went back to my bed. My symptoms lasted over two weeks.
7. My bed is a bunk bed very close to everyone else’s bed in my tier. 8. I started having trouble breathing. The other guys in my tier made me hot tea and helped
me take hot showers to open up my lungs. I was afraid it was the end. 9. No one gave us supplies to clean in the tier when Brian and I, and other guys, got sick.
And no one came and sanitized our tier. 10. New guys continue to join our unit, as recently as two or three days ago a new person
came. 11. Staff continue to come in and out of our unit from other units. 12. Before the inspection by the doctor last week, the officers ordered the orderlies to scrub
the unit, and they put up signs about COVID, and they made us all wear our masks. I also saw that a staff person came around and sanitized the unit with a backpack and a hose full of some kind of spray while the inspection was happening. That has never been done on our unit before or since.
2

Case 1:20-cv-03315-ER Document 51-21 Filed 05/26/20 Page 4 of 4

13. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 19, 2020 Brooklyn, New York

As reported by Chris Karimbux to Deirdre D. von Dornum
/s/ Deirdre von Dornum
Deirdre von Dornum Federal Defenders of New York

3

Case 1:20-cv-03315-ER Document 51-22 Filed 05/26/20 Page 1 of 5
EXHIBIT 22

Case 1:20-cv-03315-ER Document 51-22 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF ANTHONY LUNA

ANTHONY LUNA declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Anthony Luna and I have been housed at the Metropolitan Correctional Center (“MCC”) since December 2019. My Registration Number is 65176-050. I have been housed on unit 11S since late March or early April. I am a cadre inmate. I was previously housed in 5S but was moved to 11S after the gun incident at the MCC in March.
2. I am 32 years old. 3. I had my adenoids removed as a child because of difficulty breathing. I also have a bone
spur that causes me constant pain. 4. There are approximately 124 people on my unit. We are housed in an open dorm. We
share phones, email terminals, tables to eat at and showers. There are 24 people in my dorm.

Case 1:20-cv-03315-ER Document 51-22 Filed 05/26/20 Page 3 of 5
5. There are many problems with the conditions in my dorm including mold on the ceiling and floors, a leaking sink, mice and bug infestations, a lack of central air, humidity that makes it difficult to breathe and clogged vents.
6. We have been on lockdown since the end of February. I haven’t had fresh air for almost 90 days. We are only let out for 1 hour a day.
7. In the beginning of April, I could barely breathe, had severe body aches and heavy sweating. Many other people in my tier had similar symptoms around the same time. Some inmates couldn’t even get out of bed for 2 or 3 days at a time. The only medical care we received was ibuprofen and fever checks. 3 people in my tier had very high fevers around that time. They were not isolated or tested, they were just left in the tier.
8. I requested a test for COVID-19 using Trulincs, but I never heard back. I also asked a nurse for a test, but was told that the MCC was not doing any. I do not know anyone who has been tested for COVID-19. I did hear about one inmate named Russo being taken to the hospital.
9. The only way to get seen by a doctor at the MCC is when something dramatic happens, like someone passing out. We do not receive medical attention otherwise.
10. In the beginning of April when many people in my tier were sick, we all told the staff how we were feeling. We also asked why they were not taking the 3 people with fevers to be checked. The staff did not do anything in response.
11. At first we were given thin disposable masks. We were recently given a cloth mask, but it doesn’t fit me well and I can barely breathe with it on so I continue to reuse the same disposable mask. I have never been given gloves, hand sanitizer or Kleenex.
2

Case 1:20-cv-03315-ER Document 51-22 Filed 05/26/20 Page 4 of 5
12. Recently we have been receiving pink disinfectant. I understand that we were also supposed to be given a cleaning rag, but we haven’t received it.
13. There is no disinfectant by the phones or computers. The orderlies clean the phone and computer areas between each tier using them, but not in between each use. We are not given enough disinfectant to clean the phones and computers between each use.
14. I am an orderly. My jobs include cleaning the computer and serving food. I am not given extra masks for cleaning or a hairnet for serving food. If I want gloves to do either of these jobs I have to ask the guards to use some of theirs.
15. Recently we started getting off brand soap once a week. I do not think it is antibacterial. We were only given soap sporadically before then.
16. Each tier has one day a week for laundry, which is done by an orderly. 17. The same week of the recent inspection the guards forced people to clean and they put up
signs relating to COVID-19. 18. I believe staff work on multiple units. When they do the count, they bring in guards from
other units. They also bring in staff from other institutions. Not all of the staff wear their masks at all times. I worry that the staff could bring in the virus from the community. 19. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions
3

Case 1:20-cv-03315-ER Document 51-22 Filed 05/26/20 Page 5 of 5

about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 18, 2020 New York, New York

As reported by Antony Luna to Timothy C. Sprague of Covington & Burling LLP

______________________________

4

Case 1:20-cv-03315-ER Document 51-23 Filed 05/26/20 Page 1 of 4
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Case 1:20-cv-03315-ER Document 51-24 Filed 05/26/20 Page 5 of 5

Case 1:20-cv-03315-ER Document 51-25 Filed 05/26/20 Page 1 of 6
EXHIBIT 25

Case 1:20-cv-03315-ER Document 51-25 Filed 05/26/20 Page 2 of 6

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF AHMAD JAMAL NAQVI

AHMAD JAMAL NAQVI declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Ahmad Jamal Naqvi and I have been housed at the Metropolitan Correctional Center (“MCC”) since November 26, 2019. My Registration Number is 87524-054. I am currently housed on Unit 11 North, Tier 3. I was formerly on Unit 11 South, but I was suddenly moved, without explanation, on around March 6, 2020.
2. I am 51 years old. 3. There are approximately 80 people on my unit. We are housed in double cells. 4. I have a severe case of obstructive sleep apnea. I was born with a narrow windpipe,
which makes it difficult for me to breathe. I must be connected to a continuous positive airway pressure (CPAP) machine anytime I sleep. Otherwise, I stop and start breathing up to fifty times every ninety minutes or so. I have used a CPAP machine for over twenty years now. The MCC is supposed to provide me with an outlet and extension cord so that I can use my CPAP machine here.

Case 1:20-cv-03315-ER Document 51-25 Filed 05/26/20 Page 3 of 6
5. I also suffer from high cholesterol, for which I take a 40mg dose of statin medication daily. According to my doctors, the combination of my severe sleep apnea and high cholesterol increases my risk of stroke and heart attack, and this risk is exacerbated whenever I sleep without a CPAP machine.
6. When I was moved from 11 South to 11 North on around March 6, 2020, I was placed in a cell without access to an outlet or extension cord to plug in my CPAP machine. I immediately reported the issue via sick call request, and I also raised my concerns with any nearby guards who would listen. I was told that I would soon be moved back to my cell on 11 South, where there are outlets by the beds. I was not moved back.
7. For several weeks after March 6, 2020, I slept two to three hours a night as I waited for the MCC to give me an extension cord. I was anxious about sleeping for extended periods of time because I knew it could put pressure on my heart. I was in fear for my life.
8. On March 15, 2020, my unit counselor--Mr. Bullock--and a guard were conducting the evening count when I told them about my inability to use my CPAP machine. This was the third time I had spoken to Mr. Bullock about this issue. He told me he would get me an extension cord the next day, March 16, 2020.
9. The Associate Warden--Ms. Edge--paid a visit to my unit on March 16, 2020, and I told her about the seriousness of my condition. She took my name and Registration Number down and told me she would get me an extension cord.
10. After I alerted my defense counsel about my situation, they contacted the MCC’s legal department via e-mail on March 18, 2020. They followed up on March 26, 2020 after receiving no response. The MCC’s legal department did not respond to either of these emails.
2

Case 1:20-cv-03315-ER Document 51-25 Filed 05/26/20 Page 4 of 6
11. On around March 16, 2020, I began experiencing chest pain. Over the next several days, my chest pain increased and I could only take a few breaths without coughing throughout the day. I continued to get very little sleep at night, and I let out short spurts of breath to avoid overburdening my heart and lungs.
12. On March 25, 2020, I spoke to a guard on duty about my situation, who then notified the lieutenant on duty. At that moment, however, the lieutenant was preoccupied because an inmate on my unit was suspected of having COVID-19 and was being transferred by ambulance to the hospital.
13. On March 27, 2020, I spoke directly with the MCC head physician, who was present on our unit taking temperatures. He clearly remembered me and my apnea situation and was shocked that I didn’t have an extension cord. He told me all he could do was issue a medical order and speak with the Associate Warden.
14. I spoke to a nurse about my symptoms on March 30, and he told me to report it to the nurse that visits my unit during the day to take temperatures. The next day, I stopped breathing twice. The pain in my lungs and my continuous cough continued.
15. On April 1, 2020, a guard named Mr. Scott--who I recognized from my old unit, 11 South--was walking through my unit alongside a nurse and I asked him for help. When he saw my need for an extension cord, he made a radio call. An extension cord arrived in less than ten minutes. I was relieved to finally be able to use my CPAP machine, but also frustrated that it had taken almost a month.
16. I kept a record of the above events by writing e-mails to my defense counsel 17. After using my CPAP machine again, I began to feel stronger, but my chest pain and
cough persisted. I felt like I had a lung infection, and I also feared that I could have
3

Case 1:20-cv-03315-ER Document 51-25 Filed 05/26/20 Page 5 of 6
COVID-19. There were other inmates on my unit who complained of chest pain and hacking coughs. I felt like there weren’t enough nurses to tend to everyone. I feared for my life until gradually my symptoms began to improve. 18. Only in the last two or three weeks has the MCC regularly been distributing soap to me and other inmates. We were given a spray bottle to disinfect our cells, but these bottles are rarely refilled. Since the lockdown has started, my disinfectant bottle has only been refilled once. I have had to make my own disinfectant with hot water, shampoo, and dish detergent. 19. It is very difficult to get water to drink. I have to ask guards repeatedly for water. Meals are now served in our cell. 20. Inmates were recently given one cloth mask, which we were told to keep and re-use. 21. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. The purpose of this study, procedures to be followed, risks and benefits have been explained to me. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.
4

Case 1:20-cv-03315-ER Document 51-25 Filed 05/26/20 Page 6 of 6

Executed on: May 12, 2020 New York, New York

As reported by Ahmad Jamal Naqvi to Alondra Reyes of Federal Defenders of New York
/s/ Alondra Reyes Alondra Reyes

5

Case 1:20-cv-03315-ER Document 51-26 Filed 05/26/20 Page 1 of 5
EXHIBIT 26

Case 1:20-cv-03315-ER Document 51-26 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF CAROLYN RICHARDSON

CAROLYN RICHARDSON declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Carolyn Richardson and I have been housed at the Metropolitan Correctional Center (“MCC”) since August 1, 2016. My Registration Number is 89522-053. I have been housed on Unit 2 since arriving at MCC.
2. I am 44 years old. 3. I have the following medical conditions: closed angle glaucoma, bilateral iris atrophy,
permanently dilated pupils, bilateral nerve damage, hiatal hernia, ulcer, and acid reflux. 4. There are 16 people on my unit. We are housed in double cells. I am in a double cell by
myself due to my medical condition. We share phones, computers, showers, tables, sinks, television living area (including remote control to the television), and washing machine and dryer.

Case 1:20-cv-03315-ER Document 51-26 Filed 05/26/20 Page 3 of 5
5. My cell conditions include the following problems: vents are filthy, sink is leaking, the floor above me leaks into my cell, there is mildew behind the toilet and sink, there is gunk from the vent in the ceiling (caked with dew, unclear what exactly it is), and there is constantly freezing air coming out of the vents. There are also many mice.
6. Three new people last joined my unit around the second week of March. 7. I do not think I have experienced symptoms. I was worried because I have had some
chest pains on and off the past few weeks, but I believe it was bad acid reflux. I was given Pepcid, which helps it some. 8. When someone on the unit thinks they are symptomatic they walk up to an officer and tell them. I think most people have been telling officers, and not holding back, if they think they may have COVID-19. The officer is supposed to then tell medical to come down, but it always takes several days minimum. 9 out of 10 times the officer does not call up to medical right away. Medical never comes the same day. There is not a sick call buzzer available. Once medical does come, it is almost always a physician’s assistant, not a doctor. There were two women on our unit with COVID-19 symptoms: Tiffany Days and Adrienne Roberts. Adrienne said she did not feel well and told an officer this. It took several days until the physician’s assistant saw Adrienne. Tiffany complained for a week that something was wrong with her throat and by the time the physician’s assistant saw her, she had a fever. I think that both Adrienne and Tiffany told guards multiple times a day about not feeling well. After the physician’s assistant visited Tiffany and Adrienne (not at the same time), they were removed from their double cells and placed in a cell by themselves, but they were not removed from the unit. While Adrienne was in isolation she could not taste or smell anything. Tiffany and Adrienne
2

Case 1:20-cv-03315-ER Document 51-26 Filed 05/26/20 Page 4 of 5
each were released from complete isolation after 14-days; they were not tested for COVID-19 as far as I know. They both share spaces with us as normal now. 9. As far as I have heard, no one has been tested for COVID-19 on my unit. I think both Adrienne and Tiffany asked for COVID-19 tests, but did not get tested. 10. We were given masks, but not gloves. At first, we were given one mask for several weeks and told to wash it out often. Later, they gave us multiple masks that were made by inmates, but they were very uncomfortable so we switched back to the first mask they gave us. Orderlies from other units pickup our garbage, but it is left by the door so the other orderlies do not enter our area for very long. Orderlies wear masks. Our unit orderlies clean the common areas and wear masks. 11. I buy my own soap from commissary. They have not given us free soap during the pandemic. We used to receive free soap, along with free toilet paper, but now we do not receive free soap. I still receive free toilet paper. I do not receive tissues, but never have. I have asked for hand sanitizer, but we were told at a town hall meeting that we will not be given hand sanitizer because they fear it will be turned into hooch. 12. I do not get any cleaning supplies for my cell. We sometimes take some of the cleaning supplies the orderlies use in the common area for our cells, but this is sneaking – we are not supposed to do so. We have asked for cleaning supplies for our cells but were just given watered-down Fabuloso, which is not a disinfectant. This is why we feel the need to borrow from the orderlies’ cleaning stash for our own cells. 13. Laundry has always been done twice a week by the same orderly. There has been no change in the laundry schedule. The one orderly does all the laundry for my unit.
3

Case 1:20-cv-03315-ER Document 51-26 Filed 05/26/20 Page 5 of 5

14. The guards do not keep a distance – there is no change with how close the guards stand from before COVID-19.
15. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 18, 2020 Saint Paul, Minnesota

As reported by Carolyn Richardson to Nora Stephens
/s/ Nora L. Stephens Nora L. Stephens

4

Case 1:20-cv-03315-ER Document 51-27 Filed 05/26/20 Page 1 of 7
EXHIBIT 27

Case 1:20-cv-03315-ER Document 51-27 Filed 05/26/20 Page 2 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ ROBER GALVEZ-CHIMBO SHARON HATCHER JONATHAN MEDINA and JAMES WOODSON, individually and on behalf of all others similarly situated,
3HWLWLRQHUV
-Y-
MARTI LICON-VITALE, LQKHURIILFLDOFDSDFLW\ DV:DUGHQRIWKH0HWURSROLWDQ&RUUHFWLRQDO&HQWHU
5HVSRQGHQW.

No. 20 Civ. 3315
DECLARATION OF ADRIENNE ROBERTS

$'5,(11( 52%(576 declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Adrienne Roberts and I have been housed at the Metropolitan Correctional Center (“MCC”) since December 12, 2018. My Registration Number is 86411-054. I have been housed in Unit 2 since arriving at MCC.
2. I am 60 years old. 3. I have the following medical conditions:

. I have been experiencing a general decline in health. My medication

Case 1:20-cv-03315-ER Document 51-27 Filed 05/26/20 Page 3 of 7
has been changed at least two different times. My counsel had to request Judge Furman to order BOP medical to return my prescriptions back to what I was being prescribed by my doctors before being incarcerated at the MCC. 4. I was a tobacco smoker for 10 years and was addicted to and smoked crack for 20 years. 5. I am currently prescribed approximately 10 different medications including three inhalers. I have asked numerous times, but have not had any explanation, as to what each medication is, what it is for, and in the case of the inhalers, how to use them. 6. I require dentures to comfortably eat solid food. When I arrived here I was told I had to wait one year before I could see a dentist to get dentures or alternatively have a family member bring the dentures to me when they visited. When a family member did visit and brought the dentures, they were not allowed to bring the dentures into the facility. After 17 months at the MCC, I still do not have dentures. I am still using my gums in an attempt to chew whatever food is provided to me. 7. I am nearsighted and need reading glasses to read. I have been given the wrong prescription glasses by MCC. I have begun seeing spots and my vision has deteriorated since wearing the glasses given to me to read. 8. There are 16 people in my Unit. We are housed in cells, some with four to a room and some with two to a room. A couple of people, like me, are single-celled because of medical conditions. We share three phones, four email terminals, six dining tables, one microwave, one washing machine and two showers.

Case 1:20-cv-03315-ER Document 51-27 Filed 05/26/20 Page 4 of 7
9. We have been locked down since March 13, 2020. I am in my cell for 21 hours a day seven days a week. I have not been allowed outside to breathe fresh air or see the sun since this lockdown began. I have not had rec on the roof since lockdown. Rec during this lockdown involves watching TV. People who watch TV do not social distance.
10. Four new people joined my Unit in the month of March. In the past week, B Tier flooded and three new people were brought to my Tier in the unit.
11. On April 15, 2020 I was given a surgical mask made of paper to wear. I had to use that one mask for at least a week before I was given a new one. The masks were not washable. On May 11, 2020 I was given a mask made out of cloth and told it was washable. I have not given back my mask to be washed because they do not give back the same mask after washing. I am afraid to put on a mask someone else has worn even if it has been laundered. Almost no other inmates are wearing the cloth masks. They do not fit properly. I am terrified of catching Coronavirus and want people to wear their masks. I used yarn and made string to help tie my mask tighter to my face.
12. An officer brings all of my meals on a cart. I eat in my cell. 13. Sometime in early April another inmate, Loren Piquant, was allowed to become
my cellmate even though medical staff was aware that Ms. Piquant already had a fever. I was unaware that Ms. Piquant had a fever. Later when medical staff was in my Unit they saw Ms. Piquant in my cell and asked, “why are you in here”. Ms. Piquant was then left in my cell with me overnight. The next evening when medical staff was in my Unit they saw Ms. Piquant still in my cell and said, “you

Case 1:20-cv-03315-ER Document 51-27 Filed 05/26/20 Page 5 of 7
are not supposed to be in here, you have a fever”. The medical staff person then took my temperature, saw that I had a fever, closed the door to my cell and ran away. 14. I was terrified. I now realized that Ms. Piquant had Coronavirus symptoms and I was locked in a cell with her. Panicked, I knew the only way to get taken out of the cell was to act as if I was going to hurt myself. So I began hanging a sheet up. The guards saw this and opened the cell door screaming and yelling. One of the guards had some kind of paint gun and put it to my head. 15. I was put in isolation after that. I was kept in isolation approximately 16 days. While in isolation I was given no masks and no gloves. My temperature was monitored. I had a fever. I asked for medicine. I was told to take the Tylenol I already had prescribed to me. Other than taking and keeping records of my temperature and blood pressure no other medical care was provided. 16. While in isolation, I was given frozen baloney two times a day, cold cereal once a day and sometimes expired potato chips. I was allowed outside for one hour a day and walked around the dorm and used the phone. I was not given anything to clean the phone with before or after I used it. 17. I know of at least five other women that had Coronavirus symptoms. Their names are: Loren, Tiffany, Daia, Santa and Debbie. Loren Piquant and Tiffany Days were given Tylenol and Azithromycin to treat their symptoms. Later they changed Tiffany Days medication from Azithromycin to Doxycycline. 18. When someone in the Unit is sick nothing happens. For three weeks I was told a doctor was coming. Only nurses and physician’s assistants ever saw me. Even

Case 1:20-cv-03315-ER Document 51-27 Filed 05/26/20 Page 6 of 7
before Coronavirus, my health issues required regular checkups with a doctor. I called the Federal Defenders Office asking for help. Eventually, they were able to get a doctor to see me. 19. Currently, if I want to see a doctor I have to put a sick call in through the computer in my Unit. Since lockdown there has been no call out to health services. The computer has not been working since Friday. The doctors do not come to examine or help me. 20. Aside from my previous and regular medical needs, I am scared to complain of symptoms of Coronavirus. I do not want to go back to isolation. Nobody wants to go to isolation - others in my Unit feel the same way. 21. Most officers that were eligible to retire put in for retirement. Many officers are not here anymore because they are sick. 22. Staff members are working in multiple Units. They work shifts from 6am to 6pm or from 6pm to 6am. 23. If I complain of being sick and do get to see a doctor all they do is take my temperature. 24. I was never tested for Coronavirus and I requested a test. 25. I require blood samples to be taken regularly
I was supposed to have a blood sample taken in early March 2020. No sample was taken despite my repeated requests. On May 11, 2020 a physician’s assistant came to my cell and attempted to take a blood sample in my cell. I refused and insisted my blood be taken at the medical Unit under more sanitary conditions. After multiple requests I was eventually taken to the medical Unit and

Case 1:20-cv-03315-ER Document 51-27 Filed 05/26/20 Page 7 of 7

had a blood sample taken. I have not been given my results, or been given any update on my health in general.
26. In my Unit there is black mold in the showers. 27. I see mice everyday, in my Unit and in my cell, and have even seen them in the
medical area. I see at least 4 or 5 mice a day. Recently, baby mice have been showing up. There are roaches regularly. There are water bugs daily. There are dust mites and my feet are covered in bites from them. 28. As terrible as the conditions are here at the MCC, I am even more terrified of going to my next designation, the notorious prison in Hazelton, West Virginia.

Executed on: May 22, 2020 Southport, Maine

As reported by Adrienne Roberts to Jacob B. Mitchell
/S/ Attorney for Adrienne Roberts

Case 1:20-cv-03315-ER Document 51-28 Filed 05/26/20 Page 1 of 5
EXHIBIT 28

Case 1:20-cv-03315-ER Document 51-28 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF JOSEPH SCHILIRO

JOSEPH SCHILIRO declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Joseph Schiliro and I have been housed at the Metropolitan Correctional Center (“MCC”) since early March. My Registration Number is 83125-053. I have been housed on 11 South in Tier 7.
2. I am 40 years old. I have a lifelong history of asthma. 3. There are 26 people on my tier. We are housed in an open dorm. The bunks are one on
top of another and just a few feet to the left and right of each other. We share one toilet, one urinal, one shower, and one sink. 4. There was no washer and dryer in my unit until around April 7. We had to wash our dirty clothes in the shower, and hang them on the pipe to dry right above the tables we eat at. Each tier has to take turns to use the laundry machines. We do not have access to clean clothes. I have been trying to order socks, boxers, and t-shirts from the commissary, but they are saying they do not have them

Case 1:20-cv-03315-ER Document 51-28 Filed 05/26/20 Page 3 of 5
5. There are rodents running around the dorm every night. They only started cleaning the dorm right before the inspection last Wednesday.
6. Around about April 16 to April 18, five new guys came into Tier 7. They had been put in the Special Housing Unit for 14 days for isolation and before that were from different units in the jail. They told me that they were brought to Tier 7 after they stopped having fevers. We only found out that they had been isolated after they told us. No one at the MCC told us about that. This made the people in my tier upset and caused some arguments. We did not have masks at that time, and neither did the new people who were brought in.
7. Around mid-March I had a cough and chills, but I did not have a fever. There was one night, in mid-March, when I fainted in the bathroom. I walked back to my bunk bed and fell down and fainted again. I was out for about two minutes and my dorm-mates had to dump a bucket of ice water on me to wake me up. They banged on the plexiglass covering the tier bars, but it took 25 minutes before medical came to see me. Dr. Yonnone came and took my blood pressure but left me in the dorm because I did not have a fever. I was not given any medicine because the doctor did not have any Tylenol on him. He said he would bring me something, but he never did. I could not use the computer to make a sick call request.
8. The first person to test positive for COVID-19, Brandon Parisi, was from my unit, 11 South. At least half of the people in my dorm were sick. There was a period of four to five days when the virus spread from one person to the next. Many people were sick from around March 15 to March 30. Specifically, Michael Brown looked grey for five days, he could not move because his body was aching. Anthony Young was coughing,
2

Case 1:20-cv-03315-ER Document 51-28 Filed 05/26/20 Page 4 of 5
sneezing, was not eating, and lost weight. Adamu (that is his last name) was in really bad shape—he was coughing up phlegm and bile in the bathroom, could not eat or drink, and lost a lot of weight. 9. We all wanted to be tested for COVID-19 because we knew the temperature checks they were doing were not enough. We asked for tests and had screaming matches with Corrections Officers about getting tested. 10. I got a paper mask around April 20. I got a second paper mask about ten days later. Then I got two reusable masks around May 6. 11. In March they were not giving us soap. I got one average-sized bar in the first week of April. Last week, right before the inspection, they gave us two small bars of soap, like what you get at a hotel. I have begged for more soap, but the COs would say there is no soap here or in the warehouse so there is nothing I can do. I had to beg guys who have been at the MCC for a while to give me a little sliver of soap so that I could clean my clothes. 12. Until April 10 we had no cleaning supplies at all. It is now getting better and they are refilling our cleaning supplies regularly. 13. The phones and computers are not cleaned in between uses. They are wiped down only after each group of 26 is done using them. It is physically impossible to clean the shower or toilet between uses. There are not enough cleaning supplies for that. 14. I am a cadre member and I’ve been working in the kitchen since around the end of March. I work in the assembly line to pack up sandwiches. For the first week or ten days that I was working in the kitchen, we had no masks or gloves. Three of the corrections
3

Case 1:20-cv-03315-ER Document 51-28 Filed 05/26/20 Page 5 of 5

officers we work with in the kitchen had been out with COVID-19. They did not have masks or gloves either during this time. We now have masks and gloves in the kitchen. 15. Correctional Officers did not have masks and gloves until the end of March. At that time we started getting upset that they had that and we did not. It was scary. We really started freaking out when they came in full hazmat suits to take our temperatures. They were not telling us anything and there was a lot of fear, tension, and anxiety. 16. Staff members are working 12 hour shifts right now. The staff members I see have their whole shift on 11 South, but they are mixing with each tier of 26. 17. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 18, 2020 New York, New York

As reported by Joseph Schiliro to Ishita Kala

4

Case 1:20-cv-03315-ER Document 51-29 Filed 05/26/20 Page 1 of 5
EXHIBIT 29

Case 1:20-cv-03315-ER Document 51-29 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF ANTONIO SMITH

ANTONIO SMITH declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is ANTONIO SMITH and I have been housed at the Metropolitan Correctional Center (“MCC”) since December 9, 2019. My Registration Number is 43330-037.
2. I am 37 years old. 3. Between December 9, 2019 and February 29, 2020, I was housed on 5 South. 4. On February 29, 2020, I was moved into a cell in the Special Housing Unit (“SHU”). 5. While in the SHU I had one cellmate, Terrell Brown. 6. Despite being informed last week that the investigation that placed me in the SHU had
been concluded and no charges were being brought against me, I am still in the SHU. I have asked when I will be moved back to general population but have not received an answer.

Case 1:20-cv-03315-ER Document 51-29 Filed 05/26/20 Page 3 of 5
7. Around the second week of March, inmates who were visibly sick were transferred into the SHU. I was told by an Officer Rodriguez that those inmates had all tested positive for COVID-19.
8. A few days after the sick inmates were transferred to the SHU, I began feeling sick. I felt very tired and found it difficult to move or even get out of bed. My eyes were swollen and tearing. My nose would not stop running. I had a cough that felt different from any cough I have had before. When I coughed instead of producing mucus, a clear sticky substance would come out. I lost my sense of taste and my appetite. I was sweating a lot. During my illness, I lost approximately 36 pounds.
9. Around the first week of April, I was seen by Dr. Joaquin at MCC. He conducted chest x-rays and told me that I had pneumonia of the lungs. He prescribed me seven days of antibiotics and Tylenol.
10. After the x-rays of my lungs were taken, I was placed back into my regular SHU cell with Terrell Brown.
11. Neither Dr. Joaquin nor any MCC staff member said anything to me about quarantining myself from other inmates.
12. Around this same time, in the first week of April, Mr. Bullock (a case manager) brought half a cup of sanitizer to me and Terrell Brown to keep in our cell. He also gave us a spray bottle of disinfectant and told us to wipe down our entire cell, once we did, he took the bottle back. This is the only time I was provided with cleaning supplies.
13. A few days after my lungs were x-rayed, Terrell Brown and I were working in the laundry room washing other inmates’ clothes. I worked in the laundry room for two or three days. Dr. Joaquin saw me working in the laundry room one day.
2

Case 1:20-cv-03315-ER Document 51-29 Filed 05/26/20 Page 4 of 5
14. The next day, Dr. Joaquin told me that I had to stop working in the laundry room because I was supposed to be quarantined. This was the first time that anyone mentioned anything about needing to be in quarantine to me.
15. After Dr. Joaquin told me I needed to be quarantined, between 12 and 15 guards, all dressed in white suits, came and placed me in the quarantine tier for five days. I was told it was for five days because I needed to be quarantined for a total of fourteen days and eight days had passed since my chest x-rays.
16. Since my chest x-rays, the only treatment I have received is having my temperature taken. I got no treatment while in isolation. Temperature is taken by Dr. Joaquin through the food slot in the SHU cell door. No one has listened to my chest, my blood has not been drawn, and no subsequent x-rays have been taken.
17. After quarantine was over, Terrell Brown and I were moved back into the same cell. 18. It is still hard for me to breathe. 19. I have asked for my blood to be drawn but was told that they will only draw blood for
inmates with temperature greater than 102 or 103. 20. I have asked to be tested for COVID-19 but no test has been given. 21. The only time I have seen staff members wearing gloves are when they are wearing the
white suits, which is infrequent. 22. Recently MCC has been blasting the heat in the SHU cells. It is so hot condensation is
forming on the walls. There is also black mold spreading from the floor to the walls. The ventilation is terrible, and the air is hard to breath.
3

Case 1:20-cv-03315-ER Document 51-29 Filed 05/26/20 Page 5 of 5
23. I received one bulletin about COVID-19 in March 2020 and a second bulletin when I received the sanitizer in April 2020. The bulletins contained very little information aside from the fact that all visits were being cancelled.
24. I have never felt the symptoms I am currently feeling and have been feeling for weeks. I am terrified for my wellbeing. I wrote out my will and a letter to my daughter in case I die.

Executed on: May 22, 2020 New York, New York

As reported by Antonio Smith to Valerie A. Gotlib of Gotlib Law PLLC
/s/ Valerie A. Gotlib

4

Case 1:20-cv-03315-ER Document 51-30 Filed 05/26/20 Page 1 of 5
EXHIBIT 30

Case 1:20-cv-03315-ER Document 51-30 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-

No. 20 Civ. 3315 DECLARATION OF JORGE SOTO

MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

JORGE SOTO declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Jorge Soto and I have been housed at the Metropolitan Correctional Center (“MCC”) since October 8, 2019. My Registration Number is 76355-054. I have been housed on unit 5N since early March. I was originally in 7N but all of us on the unit were moved when a gun was found in 7N.
2. I am 52 years old. 3. I have been diagnosed with moderate to severe asthma and COPD. I have been
hospitalized multiple times for shortness of breath. 4. I live in a unit with about 80-85 people. We are housed in two man cells. There are eight
cells in each tier and six tiers in my unit. 5. I have been under lock down at the jail since February 26, 2020. Initially, my unit (7N)
was locked down because a staff member smuggled a gun into the unit. Then my new

Case 1:20-cv-03315-ER Document 51-30 Filed 05/26/20 Page 3 of 5
unit (5N) was locked down like the rest of the jail because of COVID-19. At first, we were under 24/7 lock down. We weren’t allowed out of our cells at all. On April 1, they started letting us out of our cells three times a week (Tu/W/F) for one hour. Now, we can leave our cell for one hour a day during the week and 30 minutes a day on the weekend. During the one hour we have to shower, call our family, email and clean. They let out one tier at a time for the hour free time. 6. In my unit, there are four phones but only two are currently working. There are also six computers but only five that we can use. Everyone on my unit shares the phones and computers. Every tier of sixteen people has one little shower. We all share this shower. 7. For a little over a month they have been providing a small bar of soap once a week. They also change our sheets once a week. But when we were first placed under lock down, we were not given soap or clean sheets for a month. There is still no hand sanitizer available. 8. Last week, inspectors visited the jail. The day before they came, the jail put up signs saying if we need anything to clean our cell, ask the officer. This was strange because we couldn’t get any materials to clean our cells before. 9. Now, to clean our cells, if we hand over our ID to a guard in the unit, we we’re given a spray bottle with cleaning solution but there is only one mop for the whole unit. We don’t have paper towels to clean with, just toilet tissue. We have not been given gloves to clean our cells or as PPE to protect ourselves against the virus. We also aren’t given enough time to clean. We can only clean during the hour out of our cell, which is also the only time we have to talk to family, email, and shower.
2

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10. The jail started handing out masks a month ago. Initially, we were given what looked like surgical masks. For about two weeks we’ve had cloth masks made by the jail. The masks are washable- we have to wash them ourselves.
11. There are five orderlies in my unit who clean the common areas of the unit. They clean the phones and computers in between tier rotations in the common area.
12. The orderlies also bring us our food with the guards. They bring the food to our cells. The food during the first month of lockdown was cold, sometimes frozen. And some of the food had expired. The food has improved a little over the past two or so weeks. We now are given warm food for dinner. When the orderly or guard brings food, there is no social distancing. The food is handed over with less than six feet between us.
13. As for my health, I cough frequently but I have always had a persistent cough because of my asthma. I use my inhaler in the jail but I’m afraid to seek any medical attention. The guards say that if you get sick you’ll go to the box. Unrelated to the virus, I have requested dental attention because of my dentures. They have been broken for nearly two months but they keep telling me there is nothing they can do right now.
14. My cellmate got sick in March. I can’t remember the date. He was coughing at night and had a sore throat. He didn’t feel good. He complained to guards for 4 or 5 days before they did anything. They kept telling him that he would go to the box if he was sick. They don’t treat anyone unless they look like they are dying. Finally, on the forth or fifth day they took my cellmate away and he never came back. I don’t know what happened to him.
3

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15. After they took my cellmate away, they didn’t give me any cleaning supplies to disinfect my cell. They locked all of us on the tier inside of our cells. They took our temperature but did not test us for COVID-19.
16. I am afraid the guards will keep bringing the virus into the jail. They leave the jail and come back every day. They move between different units at the jail. I know this because one of the guards assigned to unit 11S performed count in my unit on Saturday (5/16/2020). I know at least one guard who has had the virus. This guard told me that she had to get herself tested because BOP would not test her. After she learned she had the virus, she stayed home for a while before returning to work. I don’t know how long she stayed home. Another guard told me that they aren’t being tested by BOP, they are just given temperature checks before entering the jail.

Executed on: May 18, 2020 New York, New York

As reported by Jorge Soto to Zawadi Baharanyi
/s/ Zawadi Baharanyi

4

Case 1:20-cv-03315-ER Document 51-31 Filed 05/26/20 Page 1 of 5
EXHIBIT 31

Case 1:20-cv-03315-ER Document 51-31 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF NICOLAS SUCICH

NICOLAS SUCICH declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Nicolas Sucich and I have been housed at the Metropolitan Correctional Center (“MCC”) since November 2019. I was at FMC Devens previously. My Registration Number is 14574-104. I have been housed on 11-South unit.
2. I was originally on 5S because I’m a cadre and have a short sentence to complete. Then I was transferred to Otisville when they were locking for a gun in our building. When they were looking for the gun in MCC they broke my CPAP machine. Since March 12, 2020 when we have been back I have had to sleep without my CPAP machine and I wake up coughing and with chest pain. I have asked for another machine, but they say they can’t give it to me.
3. I am 50 years old. 4. I have the following medical conditions: diabetes, high blood pressure, asthma, and thyroid
problems.

Case 1:20-cv-03315-ER Document 51-31 Filed 05/26/20 Page 3 of 5
5. I have had to go to the second floor for medical a couple times in the last few weeks because I couldn’t breathe and had extremely high blood pressure. They had to put me on oxygen. My asthma is terrible. I can barely breathe. They have increased my inhalers but it isn’t helping. I am scared that something will happen to me. I am supposed to get out soon but I am scared something will happen before that. My blood pressure was 220/145 a couple days ago. Yesterday I spoke to the doctor and my sister had told me to ask him for a letter to support my request for compassionate release. He said he could not give me one.
6. There are 26 beds on my tier and there are 6 tiers on 11-S. We are housed in dormitory style rooms. There is only about 1.5 to 2 feet between beds. We share one toilet, one shower and one sink for 26 people. There are five phones to call home and then one phone to call the public defender. We share that phone with 150 people.
7. We had patient zero in my tier. He was gone for two weeks, at the hospital for a day and then locked up in SHU. Now he is back.
8. New people last joined my unit yesterday. A few days ago three other people came from the street.
9. I have not been tested for COVID-19. Nobody has really been tested. We have all asked for tests and for antibody tests to see how many people have had COVID-19 but they never take us out. They don’t even check the temperatures every day. They never answer Corrlinks sick calls. The doctor himself has been accessible to me and when he sees me he helps me because he is concerned. But to other people he is not like that at all. But there is not much he can do. He just keeps telling me to talk to my sister to get out of here.
2

Case 1:20-cv-03315-ER Document 51-31 Filed 05/26/20 Page 4 of 5
10. There is no emergency button in my unit that I know of. There were about five other people here who had COVID-19 who were taken off the unit. I think I had it but they never took me to the hospital or anything. I lost my taste and smell for several days and I was shivering and convulsing with fever. This was about six weeks ago. During those three days that I was extremely sick no doctors came to check on me. I have had a lot of trouble breathing since then.
11. We clean our own common areas ourselves about once per day but we are only allowed there an hour per day to use the phone and computers. We are locked in the dormitory all day.
12. They just put up signs this morning saying we can ask for cleaning supplies. There were two weeks before when we had no toilet paper at all.
13. I have not seen the computers getting cleaned. We usually wipe the phones ourselves before using them with some pink solution they say is disinfectant. Today when the inspector came, the CO came through and was spraying the bars of the dormitory with disinfectant. That had never happened before.
14. They just started giving us masks three weeks ago. The masks are made of paper. They recently gave us cloth masks but they are painful to wear. I still have some paper masks. They have never given us gloves.
15. I do not think my legal mail is going out. I have tried to contact the judge and my attorney.
16. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government
3

Case 1:20-cv-03315-ER Document 51-31 Filed 05/26/20 Page 5 of 5

in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. The purpose of this study, procedures to be followed, risks and benefits have been explained to me. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 13, 2020 New York, New York

As reported by Nicolas Sucich to Hannah Rosner
/s Hannah Rosner Hannah Rosner

4

Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 1 of 8
EXHIBIT 32

Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 2 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF TYLER TORO

TYLER TORO declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746: 1. My name is Tyler Toro and I have been housed at the Metropolitan Correctional Center (“MCC-NY”) since my arrest on February 15, 2018. 2. My Registration Number is 85382-054. I have been housed on units 5South and 11South and was also transferred from MCC to Otisville on March 3, 2020, and then back to MCC on March 12, 2020. 3. I am 29 years old. I suffer from psoriasis and receive medication for that condition. Other than this disease, I do not have any serious medical illnesses. 4. Although I was housed in the same unit with at least two individuals who contracted COVID-19 in the last month, I was never tested for it. I am not sure if I have COVID-19, but there were days in early April when I experienced pain and symptoms of COVID-19.

Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 3 of 8
5. I am presently serving my sentence of 36 months imprisonment. I have been in custody since February 15, 2018 and am slated to be released on May 27, 2020. With the exception of a 9-day period (from March 3, 2020 until March 12, 2020) when I was shuttled from MCC-NY to Otisville and then back to MCC-NY without notice or good reason, I have been detained at the MCC. Prior to being moved to Otisville, I was housed in 5South. Upon my return from Otisville, I was housed in unit 11S. Unit 5South is a low risk cadre unit. Everyone on that unit has been sentenced and there are no pretrial detainees on that unit. The rule as I understand it is that sentenced inmates are to be kept separate from those with pending cases.
6. MCC-New York has been on lockdown for months now, and the first lock down was because of Jeffrey Epstein. The second lockdown began around February 27, 2020. That was because there was a gun loose in the MCC and then there was a lock down because of COVID-19.
7. On February 27, 2020 I was housed on 5 South in MCC-NY when we were placed on Emergency Intensive Lockdown by the BOP. We were not told why we were on lockdown and much later we learned the lockdown was due to a verified threat to the institution because a firearm had been brought into the MCC-NY by a member of the MCC-NY staff.
8. We were on lockdown every single day and night. There were new officers brought into the units and the regular MCC-NY guards seemed to have been replaced.
9. Eventually, I and others in my unit were put on a bus that took us to Otisville. 10. It was about 4:00 A.M. when we arrived at Otisville . Both buses arrived about the same
time and we were kept on our respective buses as the count had not cleared at Otisville.
2

Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 4 of 8
11. Upon our return to MCC-NY from Otisville, no one asked us if we were experiencing any illness or symptoms of COVID-19.
12. Upon my return to the MCC-NY, I was placed into another unit — Unit 11-South. I was then given to understand that the MCC-NY administrative staff had made 11South the unit for both the sentenced inmates and for pretrial detainees who were 55 years or older. This was a concern to the cadres on the unit all as pretrial detainees are taken to Court and held in cells with others who were coming to Court from MDC-Brooklyn and other city and state facilities.
13. Additionally, even though we had returned from another facility, we were housed with individuals most at risk of contracting COVID-19.
14. Several days later on March 23rd, I was informed that an inmate tested positive with COVID-19 in my living unit. The housing unit 11South houses up to 155 inmates, many of whom are pretrial detainees who go back and forth from Court and to proffer sessions at the prosecutor’s office. The back and forth increases the risk of contamination especially to the cadres who do not leave the facility.
15. I cannot stress this enough: 11South has 155 inmates in an open dormitory. Each tier (I am on Tier 11) has about 25 other inmates who are a mix of cadre inmates and pre-trial detainees. There are 13 double bunks in the room — that makes for about 4 inmates just 3 feet apart. Each tier of 26 inmates has to share a single toilet and a single shower.
16. Several inmates have been removed from "11-South" for medical observation and isolation. Medical welfare checks solely consist of optional temperature checks.
3

Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 5 of 8
17. On either March 22, 2020 or March 23, 2020, we were locked down. At this time there were new inmates being brought into the unit and one of the new people brought in was Damon Galarza whose registration number is 87982-054.
18. Mr. Galarza had been quarantined and they had given him a new cellmate even though he was quarantined.
19. On March 23, 2020, someone on the 11-south unit tested positive. One of the non-cadre inmates was taken to court and was exposed to an inmate from the MDC who had COVID-19.
20. These positives led us to yet another lockdown but this one was far worse. Because the unit now had individuals who tested positive for COVID-19, the BOP put up plexiglass on the doors to the unit so that no infected droplets would leave the unit. The BOP failed to recognize that the plexiglass also cut off all the air that was coming into the unit and lead to condensation.
21. It was impossible to breathe easily; there was moisture everywhere and the walls were wet with droplets. There was no air and we could not breathe. All of us on the unit complained and eventually in the first week of April they took the plexiglass off.
22. The lockdown was harsh for us as we did not have any hand sanitizer. We also did not have any masks until late April — early May. First we were given a mask that we were told had to last us a week. Then the BOP switched to cloth masks and told us to rewash them. But, they gave us no detergent with which to re-wash the masks.
4

Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 6 of 8
23. Several weeks ago, for the first time, a washing machine was brought to the unit. Laundry is done once per week, but we do not know if our laundry is commingled with the laundry of others. We have only one washer dryer which is not sanitary at all. My unit has men who seem older and appear to be in various degrees of un-wellness. All of this makes me scared and anxious.
24. The one washable cloth mask is all I have; I have not received another mask. I try to wear it as much as possible. I have never been given gloves and the only hand sanitizer is near the elevators and it is only for use by the officers. I have not seen any other inmate wearing gloves.
25. I have seen staff members coughing and sneezing. They seem to be reluctant to approach us. I believe that staff members work in more than one unit.
26. The unit has three phones, and five e-mail terminals, and there is one shower per tier, and we share the use of each of these facilities. The showers are not clean and we are constantly worried that we will infect each other as no one knows if they have the virus.
27. No cleaning supplies are provided to clean the phones or the e-mail terminals between each use. We have no wipes or disinfectant for between uses. I do not have anything but two travel sized pieces of soap which I cannot use to clean the phones.
28. Because we hardly ever get to use the phone during this lockdown, the fight for the phone is brutal and the line is always long. It is hard to socially distance in such tight quarters as there are only three phones and five e-mail terminals that are used by everyone in the unit.
5

Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 7 of 8
29. I was especially desperate for use of the phone as I was trying to get to a halfway house or home confinement placement as I am almost done with my time and was set to be released to home confinement on May 20, 2020.
30. Around early April, I was feeling unwell. I had symptoms (cold, chills and pain) and relayed to the medical staff my concern at feeling unwell. In return, I was repeatedly told by medical staff to take over the counter medicine that could be purchased from the commissary except that over the counter medicine has not been available for purchase via commissary in quite some time. I expressed to my mother (Carmen Melendez) my concern that I was feeling sick and I think she emailed MCC-NY about her concern for my health. As far as I am aware, MCC-NY did not respond to her email.
31. Although the correctional staff are instructed to wear PPE gear when entering our living spaces, there have been instances when staff have not worn gloves or face masks when on our tier.
32. Our male inmate kitchen staff was removed from duty on April 2nd due to an individual testing positive for COVID- 19. The female inmate population replaced the male inmate kitchen staff, but was shortly removed after many reportedly became sick.
33. I have yet to see our unit team here to address issues or concerns during this crisis. 34. For one reason or another I have been in lock down for what seems like forever. I have
been locked down because of COVID-19 since around March 13, 2020. This is my third lockdown and it seems to all of us that lockdown is the norm. 35. I am doing my best to keep it together as I am almost out the door and am looking forward to not living like an animal in a cage.
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Case 1:20-cv-03315-ER Document 51-32 Filed 05/26/20 Page 8 of 8

36. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. This consent is valid throughout the term of the class action lawsuit. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 22, 2020 New York, New York

As reported by Tyler Toro to Gerald DiCharia & Sabrina Shroff

/s/ Sabrina Shroff ___________________________ Sabrina Shroff Counsel to Mr. Toro

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Case 1:20-cv-03315-ER Document 51-33 Filed 05/26/20 Page 1 of 5
EXHIBIT 33

Case 1:20-cv-03315-ER Document 51-33 Filed 05/26/20 Page 2 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315
DECLARATION OF WILBERT TURNER

WILBERT TURNER declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Wilbert Turner and I have been housed at the Metropolitan Correctional Center (“MCC”) since April 12, 2018. My Registration Number is 25352-083. I have been housed on unit 11S since February 25, 2020. I was previously on 9N. I believe I was moved as punishment because of a dispute with a staff member who thought I was disrespecting him by standing up too slowly when asked to do so. I tried to explain that because of my medical issues I cannot stand up too quickly, but it didn’t matter.
2. I am 58 years old. 3. I have pacemaker and I was diagnosed with bladder cancer on December 14, 2017. I also
have asthma, for which I take an albuterol inhaler, and scleroderma. I have lost 21 pounds in the last two months.

Case 1:20-cv-03315-ER Document 51-33 Filed 05/26/20 Page 3 of 5
4. There are roughly 20 people on my unit currently but there have been times when it was as many as 26. We are housed in an open dorm. We sleep in bunk beds no more than an arm’s length apart. I have 5 people sleeping less than 6 feet apart from me. My entire dorm cannot be more than 30 square feet. Two new people joined my unit last week.
5. My dorm should be condemned. There is only one toilet in a bathroom filled with mold and it is overrun with mice, roaches and water bugs.
6. On March 27, 2020 Robert Russo was removed from my tier because he couldn’t breathe. He was later diagnosed with COVID-19 and eventually taken to the hospital. They didn’t give us anything to clean the tier with after he left. Everybody in Tier 9 was exposed to him. When Russo got back from the hospital, they quarantined him and then sent him back to the unit. He was never tested again.
7. Beginning at the end of March into early April, I believe I had the coronavirus. I had no sense of smell or taste and intense aches and pains. On April 1st or 2nd, I had an elevated temperature. I was given acetaminophen, but nothing else was done. I sent a request to the warden to be tested, but haven’t heard anything else about it.
8. Around that same time, from about March 27th - April 4th, 5 or 6 people were extremely sick in my tier, including Russo’s bunky. They were drowsy and very weak. They just coughed and slept for days.
9. On April 29, I had serious shortness of breath. I asked an officer to call medical. RN Lopes came by on May 2 and told me that “he wasn’t buying what I was selling.” The following Monday, I spoke to Warden and eventually got to see the medical staff. They took x rays and saw that my lungs were filled with fluid. They told me I was minutes away from a heart attack. They gave me medicine to force urination.
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10. Generally, if you tell officers about a problem you’re never sure they actually call. It takes days to get seen when you make a request, if you ever do get seen at all. Making medical requests is a waste of time, even for someone in my condition.
11. About three weeks ago I noticed blood in my urine. I put it a request to be seen by the medical staff. I was told on May 5, 2020 that I would get an appointment. I still haven’t been seen. The doctors don’t have time to take all the sick calls.
12. I have not heard about anybody being getting tested aside from Russo and I believe he was tested at the hospital.
13. They were doing regular temperature checks for about 2 weeks at the end of March into early April. They are not doing that anymore. They never asked us about any other symptoms. I also think their thermometer may have been broken because everyone’s temperature was 97.3.
14. Orderlies clean the common areas. In the dorm, there is no space to clean when people are awake, so it has to be cleaned in the middle of the night.
15. Toilet paper is scarce. We are supposed to get 2 rolls every week but that doesn’t always happen. They are not consistent with giving out toilet paper.
16. They do give us a good amount of soap. Recently we have been able to get disinfectant spray and soap from the unit manager also. Cleaning supplies have been given out more often recently, but that was not the case for most of February, March and into April.
17. The MCC staff put up a sign relating to sanitation supplies on Monday or Tuesday of the week of the inspection.
18. I have never been given gloves. Those are only for the staff from what I can tell.
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19. We started getting masks about 6 weeks ago. They gave us 2 cloth masks about 2 weeks ago and told us we are supposed to keep them and wash them. Before we were given disposable masks once a week.
20. Laundry is done once a week in a communal laundry load. 21. There is no possibility of social distancing in a dorm. 22. From what I can tell the staff are wearing masks fairly consistently. I do believe that staff
work in more than unit. 23. I consent to my BOP medical records being provided by the BOP to Covington &
Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. This consent is valid throughout the term of the class action lawsuit. I have been allowed to ask questions about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 18, 2020 New York, New York

As reported by Wilbert Turner to Timothy C. Sprague of Covington & Burling LLP

_____________________________ 4

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 1 of 8
EXHIBIT 34

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 2 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ ROBERT GALVEZ-CHIMBO SHARON HATCHER JONATHAN MEDINA and JAMES WOODSON, individually and on behalf of all others similarly situated,
3HWLWLRQHUV,
-Y-
MARTI LICON-VITALE, LQKHURIILFLDOFDSDFLW\ DV:DUGHQRIWKH0HWURSROLWDQ&RUUHFWLRQDO&HQWHU
5HVSRQGHQW.

No. 20 Civ. 
DECLARATION OF GUILLERMO ZEGARRA-MARTINEZ

*8,//(502=(*$55$0$57,1(= declares the following under penalty of perjury and pursuant to 28 U.S.C. § 1746:
1. My name is Guillermo Zegarra-Martinez and I have been housed at the Metropolitan Correctional Center (“MCC”) since I was brought to the United States for prosecution in January of 2020. My Registration Number is 76401-054. I have been housed on units Seven South and Seven North at the MCC.
2. I was born on January 6, 1984; I am 37 years old and suffer from migraines.
3. I do not have any serious medical illnesses, but I am quite certain that I contracted CoVid19 last month, though I was never tested for it.
4. Our unit has been on lockdown for a very long time. The first lockdown was when Jeffrey Epstein died. This lock down lasted for some weeks. The second lockdown was when the MCC officials feared there was a gun in the jail and we were locked down for

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 3 of 8
weeks while the guards tried to find the gun. The third lockdown is the one that is ongoing now — when the jails started to get CoVID19. 5. There are around 96 people on my unit. The unit is broken up into six tiers, with roughly 18 people on each tier. We are housed in double cells. 6. The unit on which I am held is not stable as people that I have not seen before have come to our unit during the lockdown. I can’t say for sure, as the unit has been in lockdown for what seems like an eternity, but when we are let out of our cells, I see faces I have not seen before. But because we are let out of our double cells for no more than 50 minutes at a time, I don’t know for sure how many new people have joined the unit during the lockdown. 7. The unit has three phones, and five e-mail terminals, and there is one shower per tier, and we share the use of each of these facilities. 8. I am almost certain that I had coronavirus and I am fully certain that my cellmate, Victor Coro-Mones, had the virus. I was very worried when my cellmate Victor began coughing and looking very sick. He was cold and had the worst constipation. I tried to get the guard to help him, but no one paid any attention to either of us. 9. Around April 5, 2020, I had a very bad headache and was feeling in a way that I do not usually feel. I asked the officers for help; I wanted medicine for my headache which I thought was a result of the migraines from which I suffer. Then, I started to feel several symptoms that I generally do not have, and they scared me. I felt cold to the point where I was shivering; a cough; loss of my senses of smell and taste; and no desire to eat anything. I was also constipated.
2

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 4 of 8
10. It was almost impossible for me to get out of bed. I could not sleep as I was cold and my cellmate kept coughing. Both my cellmate and I repeatedly asked the guards or anyone who came by to get me medical attention, but no one came. My cellmate was sick with cold chills, and I heard him ask for help and medical attention over and over and over again, with no help given.
11. Eventually, one of the guards came by and, when my cellmate’s coughing was out of control, removed him from the cell we had shared. At that time, I did not know where they took my cellmate and they would not tell me what was wrong with him; but I knew he had to have had CoVID19.
12. After sometime had passed, the guard came back to my cell. He had with him a pair of gloves which he gave to me. He told me to put on the gloves and then instructed me to pack up all of my cellmate’s belongings. I did not want to do that as I was quite certain that I was being asked to touch the belongings of a person who had contracted CoVID19. But I had no choice and had to pack up my cellmate’s belongings, as instructed by the guard. The guard would not confirm my suspicion that Victor had CoVID19.
13. I was given another cellmate, Mauricio Hernandez, who also did not seem to be feeling well and eventually needed to get medical attention. I believe Mauricio Hernandez also had CoVID19.
14. Eventually Victor returned to my cell. He told me he had had CoVID19. 15. Even though I had two cellmates with CoVID19, I personally did not get tested or
attended to by any medical professional or given any medication (other than my headache medicine). I did not even get an extra blanket for when I had the chills. The only thing
3

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 5 of 8
that was done was the taking of my temperature which was always recorded as being at 97.5. 16. Each time my temperature was taken it was recorded as being the same: 97.5. Coincidentally, everyone on our unit seemed to have the same recorded temperature. The person who took my temperature did not address any of my concerns. When I expressed my worry at being housed with a person who seemed very sick, it was ignored. No one told me if I had shared a cell with a person who had contracted COVID19. 17. I was never tested for CoVID19. No one seemed to get tested, not even my cellmate who was extremely ill. 18. My unit had men of all ages in various degrees of un-wellness. Many were coughing and complaining of how they were feeling, and the level of anxiety was palpable and ever increasing. 19. Several weeks ago, I was given one non-washable mask, and told that I would get a new one every week but no earlier. These masks did not last long and it was very hard to keep them clean. I understand that other inmates also were given one non-washable mask a week. 20. Recently, we received washable cloth masks, and since then I have not received another mask. The cloth mask is hard to wash and the cloth shrinks. I try to wear my mask when I go out of my cell which is for 50 minutes three times a week. 21. I have been given no other protective gear. The only time I was given gloves was when I was told to pack up the Victor’s belongings as he was removed from my cell for being very ill. I have not seen any other inmate wearing gloves.
4

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 6 of 8
22. I have seen staff members coughing and sneezing. They seem equally scared and are not keen on answering cop-outs or other requests for help. I believe that staff members work in more than one unit.
23. Orderlies from our unit try to clean the common areas. The phones and computers are in high demand. The lockdown is long, and the opportunity to speak to our lawyers and family is sporadic. When we are let out (now it is18 people at a time), we have 50 minutes to shower, make phone calls and check emails. All 18 of us have to use the 50 minutes wisely. Within those 50 minutes we have to shower, send e-mail, use the phones. There is always a mad rush for all three. The shower on my tier has had no hot water and, for a while, my tier was being woken up at 1:00 a.m for the cold shower call.
24. The guards would wake us up and tell us to gather in the middle of the tier. We were instructed to put our hands on our heads and wait in the middle until everyone was checked. Then, we were told to shower. The water was freezing cold.
25. There are three phones and five e-mail terminals that are used by everyone in the unit. No cleaning supplies are provided to clean the phones or the e-mail terminals between each use. We have no wipes or disinfectant for between uses. When I use the phone, I try to cover it with something but then I have to find a way to wash the covering. I do not have anything but two pieces of soap.
26. Several weeks ago, for the first time, a washing machine was brought to the unit. Laundry is done once per week, but we do not know if our laundry is commingled with the laundry of others.
27. There are a new set of guards now and it seems they have been told to be nicer to us. The change is obvious, but we are still not getting any medical help.
5

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 7 of 8
28. I have been locked down because of CoVID19 since around March 13, 2020. This is my third lockdown and it seems to me that I am almost always in lockdown even though I have done nothing wrong.
29. For months now I have lived in a box; in the box there are two beds, a toilet and two lockers. For 24 hours a day, four days a week I am with my cellmate who ended up sick with CoVID19. I was not able to step out of our cell even when my cellmate was very sick and coughing all over the cell which as I said is quite small.
30. Although I think I had these strange headache symptoms first, my cellmate’s condition became very bad very fast, and I lived in constant fear that one or both of us would get very ill and die. I was unable to avoid my cellmate or his coughing, and soon my condition worsened and I too became more ill.
31. The nutrition being provided to us is worthy of mention in what it lacks. We have cold food boxes. We often are given baloney sandwiches for dinner.
32. I am doing my best to keep well and control my stress level. Being locked down for so long is extremely stressful. When they let us out (for around 50 minutes a day, three days a week), I feel like an animal being let out of a cage.
33. I consent to my BOP medical records being provided by the BOP to Covington & Burling, the law firm suing the MCC in this class action. I would like my medical records to be kept under seal, but they may be shared with the judge and the government in support of my statements about my medical condition and the medical care at the MCC. This consent is valid throughout the term of the class action lawsuit. I understand what the lawsuit is about, how my medical records will be used, and that I have the right to refuse to give access to my medical records. I have been allowed to ask questions
6

Case 1:20-cv-03315-ER Document 51-34 Filed 05/26/20 Page 8 of 8

about this, and my questions have been answered. I have been read this consent language. I have been told that I will be mailed a copy of this declaration, including my consent to the release of my medical records.

Executed on: May 18, 2020 Brooklyn, New York

As reported by Guillermo ZegarraMartinez to Sabrina Shroff

/s/ Sabrina Shroff ___________________________ Sabrina Shroff Counsel to Mr. Zegarra-Martinez

7

 
 Case 1:20-cv-03315-ER Document 54 Filed 05/27/20 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ; ROBER GALVEZ-CHIMBO; SHARON HATCHER; JONATHAN MEDINA; and JAMES WOODSON,
individually and on behalf of all others similarly situated,
Petitioners,
-against-
WARDEN MARTI LICON-VITALE,
Respondent.

No. 20 Civ. 3315 (ER)
DECLARATION OF ISHITA KALA

ISHITA KALA declares pursuant to 28 U.S.C. § 1746: 1. I am an attorney at Covington & Burling LLP, counsel to the Petitioners in this action. I am submitting this declaration to put documents before the Court in connection with Petitioners’ motion for a Preliminary Injunction in this case. This declaration is based on my personal knowledge and on information and documents in the possession of my firm. 2. Attached hereto as Exhibits are true and correct copies of the following discovery materials in this action, which are referred to in the accompanying papers in support on Petitioners’ motion:

Ex.

Date

Document / Description

1.

May 20, 2020 Deposition transcript of Dr. Robert Beaudouin (excerpts)

2.

May 20, 2020 Deposition transcript of Charisma Edge (excerpts)

3.

May 19, 2020 Deposition transcript of Cesar Fernandez-Rodriguez (excerpts)

4.

May 19, 2020 Deposition transcript of Rober Galvez-Chimbo (excerpts)

Case 1:20-cv-03315-ER Document 54 Filed 05/27/20 Page 2 of 5

Ex.

Date

Document / Description

5.

May 19, 2020 Deposition transcript of Sharon Hatcher (excerpts)

6.

May 22, 2020 Deposition transcript of Robert Hazlewood (excerpts)

7.

May 21, 2020 Deposition transcript of Marti Licon-Vitale (excerpts)

8.

May 21, 2020 Deposition transcript of Nicholas Sucich (excerpts)

9.

May 19, 2020 Deposition transcript of James Woodson (excerpts)

10.

May 13, 2020 Photograph taken during MCC inspection visit – dormitory on

11 South

This exhibit is being filed under seal.

11.

May 13, 2020 Photograph taken during MCC inspection visit – dormitory on

11 South

This exhibit is being filed under seal.

12.

May 13, 2020 Photograph taken during MCC inspection visit – sink on 11

South

This exhibit is being filed under seal.

13.

May 13, 2020 Photograph taken during MCC inspection visit – cockroach

caught in a trap on 11 South

This exhibit is being filed under seal.

14.

May 13, 2020 Photograph taken during MCC inspection visit – empty cell in

the Solitary Housing Unit

This exhibit is being filed under seal.

15.

May 13, 2020 Photograph taken during MCC inspection visit – empty cell in

the Solitary Housing Unit

This exhibit is being filed under seal.

16.

May 13, 2020 Photograph taken during MCC inspection visit – telephone on

11 South

This exhibit is being filed under seal.

17.

May 13, 2020 Photograph taken during MCC inspection visit – computers in

the Women’s Unit

This exhibit is being filed under seal.

2

Case 1:20-cv-03315-ER Document 54 Filed 05/27/20 Page 3 of 5

Ex.

Date

Document / Description

18.

May 13, 2020 Photograph taken during MCC inspection visit – trash

receptacle and disinfectant solution on the Women’s Unit

This exhibit is being filed under seal.

19.

May 13, 2020 Photograph taken during MCC inspection visit – computer

terminal and rag

This exhibit is being filed under seal.

20.

Mar. 23, 2020 Interim Guidance on Management of Coronavirus Disease

(COVID-19) in Correctional and Detention Facilities, CDC

(Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-

ncov/community/correction-detention/guidance-correctional-

detention.html, Bates MCC PET 0000615

21.

Mar. 26, 2020 Memorandum For Director of Prisons re Prioritization of

Home Confinement As Appropriate in Response to COVID-19

Pandemic, Office of the Attorney General, Washington, D.C.,

Bates MCC PET 0000644

22.

Apr. 3, 2020 Memorandum For Director of Bureau of Prisons re Increasing

Use of Home Confinement at Institutions Most Affected by

COVID-19, Office of the Attorney General, Washington, D.C.,

Bates MCC PET 0000641

23.

May 26, 2020 Letter to Honorable Roslynn R. Mauskopf re: Administrative

Order No. 2020-14

24.

Feb. 29, 2020 Memorandum from Jeffery D. Allen re: Guidance Update for

Coronavirus Disease 2019 (COVID-19), BOP, Bates MCC

1726

25.

May 15, 2020 Respondent’s Responses and Objections to Petitioners’ First

Set of Interrogatories

26.

Mar. 25, 2020 Memorandum from M. Licon-Vitale re: Positive Staff Case,

Bates MCC 0115

27.

May 12, 2020 Excerpt from compilation of emails sent to the Associate

Warden Operations mailbox, Bates MCC 1131

28.

May 13, 2020 Excerpt from compilation of emails sent to the Executive

Assistant mailbox, Bates MCC 1149

3

Case 1:20-cv-03315-ER Document 54 Filed 05/27/20 Page 4 of 5

Ex.

Date

Document / Description

29.

May 13, 2020 Excerpt from compilation of emails sent to the Unit Team 9/11

mailbox, Bates MCC 1173

30.

May 13, 2020 Excerpt from compilation of emails sent to the Unit Team 5/7

mailbox, Bates MCC 1165

31.

May 13, 2020 Excerpt from compilation of emails sent to the Warden

mailbox, Bates MCC 1178, 1185-86

32.

May 15, 2020 Quarantine Isolation Flowsheet produced in response to

Petitioners’ Interrogatories 1 and 2, Bates MCC 0197

33.

Apr. 22, 2020 Memorandum from Andre Matevousia re: Home Confinement,

BOP, Bates MCC 1747

34.

Apr. 15, 2020 Memorandum from David Brewer re: Furlough and Home

Confinement Additional Guidance, BOP, Bates MCC 1914

35.

[undated]

Email from Charisma Edge re: Return to Unit Team, Bates

MCC 2892

36.

May 13, 2020 Compilation of emails sent to and from the Sick Call mailbox,

Bates MCC 0201

37.

March 1, 2020 - Bureau of Prisons Health Services Activities Report, Bates

May 15, 2020 MCC 1979

38.

Apr. 3, 2020 Memorandum from Andre Matevousia re: Home Confinement,

BOP, Bates MCC 1716

39.

May 8, 2020 Memorandum from Andre Matevousia re: Home Confinement,

BOP, Bates MCC 1920

40.

May 15, 2020 Table of Inmate Requests for Compassionate Release, MCC

1923

41.

[undated]

Compilation of rosters used for COVID-19 screening for

inmates

This exhibit is being filed under seal.

I declare under penalty of perjury that the foregoing is true and correct.

4

Case 1:20-cv-03315-ER Document 54 Filed 05/27/20 Page 5 of 5 Executed at Waterford, Connecticut this 26th day of May 2020.
Ishita Kala
5

Case 1:20-cv-03315-ER Document 54-1 Filed 05/27/20 Page 1 of 64
EXHIBIT 1

Case 1:20-cv-03315-ER Document 54-1 Filed 05/27/20 Page 2 of 64

Page 1

1

2 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

3 No. 20 Civ. 3315 (ER)

4 ---------------------------------x

5 CESAR FERNANDEZ-RODRIGUEZ, ROBER

6 GALVEZ-CHIMBO, SHARON HATCHER,

7 JONATHAN MEDINA, and JAMES WOODSON,

8 Individually and on behalf of all

9 others similarly Situated,

10

Petitioners,

11

vs.

12 MARTI LICON-VITALE, in her official

13 capacity as Warden of the Metropolitan

14 Correctional Center,

15

Respondent.

16 --------------------------------------x

17

18

VIDEO DEPOSITION OF

19

DR. ROBERT BEAUDOUIN

20

May 20, 2020

21

22

23 Reported by:

24 ERICA L. RUGGIERI, RPR

25

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Page 61

1

DR. ROBERT BEAUDOUIN

2

coverage. So this doesn't

3

essentially apply to us because we

4

don't have -- we don't have 24-hour

5

coverage.

6

Q. Under the heading Purpose,

7

do you see the text there?

8

A. Yes.

9

Q. Is the purpose of this

10

document to provide guidance on

11

setting up an infirmary for COVID-19

12

patients at an institution without

13

an on-site infirmary?

14

A. Yes. But we don't have the

15

capacity to set up an infirmary.

16

Q. So has the MCC created any

17

sort of on-site infirmary to deal

18

with the COVID-19 pandemic?

19

A. No.

20

Q. And you mentioned that this

21

document -- please go ahead.

22

A. Okay. The infirmary would

23

mean that we would need 24-hour

24

coverage. We don't have the

25

capacity to provide 24-hour

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Page 63

1

DR. ROBERT BEAUDOUIN

2

not apply. Of course there are

3

certain things that not only

4

specific to something as specific to

5

isolation we will follow them but we

6

do not have an infirmary to do the

7

isolation infirmary -- to follow the

8

isolation infirmary guidance.

9

Q. But the MCC is putting

10

individuals with suspected or

11

confirmed COVID-19 in isolation?

12

A. Yes.

13

Q. But it does not have the

14

resources to follow this infirmary

15

isolation guidance?

16

A. Yes -- no, we don't have

17

the resources to do it.

18

Q. Do you recall a time

19

earlier this year when the MCC was

20

on lockdown due to a weapon being

21

brought into the facility?

22

A. Yes.

23

Q. Do you recall around when

24

that was?

25

A. I believe it was in

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Page 66

1

DR. ROBERT BEAUDOUIN

2

BOP, Bates MCC 1726, marked for

3

identification, as of this date.)

4

Q. This is a memo issued by

5

the BOP dated February 29, 2020,

6

concerning COVID-19 guidance, Bates

7

number MCC 1726.

8

So Mr. Beaudouin, you

9

established you are familiar with

10

this guidance?

11

A. Yes.

12

Q. And this is a memo that the

13

BOP circulated about preparation

14

that federal prison facilities

15

should be taking for COVID-19?

16

A. Yes.

17

Q. Do you recall when you

18

first became aware of this memo?

19

A. No. But I would say after

20

the memo was sent to the staff -- I

21

think the memo was sent to the -- it

22

just general agency and then he sent

23

it to me and our HSA, I think that

24

is around the time that I became

25

aware of it.

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Page 67

1

DR. ROBERT BEAUDOUIN

2

Q. Would you say that was

3

around February 29th?

4

A. Probably around the time.

5

Probably not too far after that I

6

would say.

7

Q. Do you understand that in

8

this memorandum the BOP was making

9

recommendations about procedures

10

such as screening inmates?

11

A. Yes.

12

Q. Do you understand that

13

around this time the BOP was making

14

recommendations about establishing

15

baseline PPE supplies?

16

A. Yes.

17

Q. Are you familiar with a

18

pandemic influenza plan that was

19

established in 2012?

20

A. I could -- I can say I know

21

they asked us to review it but I

22

didn't review it -- we didn't review

23

it. We read it -- we read it but

24

it's not like we read it like study

25

it. So we essentially know that

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Page 81

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DR. ROBERT BEAUDOUIN

2

COVID-19?

3

A. Yes.

4

Q. Do you remember when that

5

happened?

6

A. I don't remember exactly

7

when that happened, no.

8

Q. Would you say that was also

9

around the end of March?

10

A. Yes.

11

Q. Were you involved with the

12

discussions about this?

13

A. Yes.

14

Q. Who else was involved in

15

these discussions?

16

A. I think -- I think the BOP

17

warden Mr. McFarland either asked

18

for us to develop a list or it could

19

have been the HSA or the AW or the

20

warden. I know that there was a

21

need to develop that list because

22

the CDC had a list of people would

23

be at higher risk of infection or

24

severe illness from COVID-19.

25

Q. So you think some assistant

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Page 84

1

DR. ROBERT BEAUDOUIN

2

diagnosis too. VEMA, V-E-M-A. I'm

3

sorry for my accent, I have been

4

working on it for a while.

5

Q. There's no need to

6

apologize for that.

7

Is it your understanding that

8

everyone you recommended to be on

9

the list was included in the final

10

list of vulnerable inmates?

11

A. I don't know because I

12

didn't see the list and I didn't

13

collect the information so I don't

14

know.

15

Q. Did you ever add more

16

inmates to this list?

17

A. I don't think so.

18

Q. Do you know what steps were

19

taken to protect the inmates you

20

identified as most vulnerable?

21

A. Well, the inmates -- I

22

think -- I think most of inmates

23

were more serious medical condition,

24

housed in 11 South. So we know if

25

we get a call from 11 South, it

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Page 85

1

DR. ROBERT BEAUDOUIN

2

could be an inmate with a serious

3

medical condition. Not that there

4

are no other inmates with other

5

serious illness or serious medical

6

condition that cannot be in another

7

unit but 11 South had more inmates

8

with medical condition there.

9

Q. Do you know if that just

10

happened to be the case or if

11

inmates were moved to 11 South?

12

A. I think at some point

13

inmates were moved to 11 South. And

14

that was -- I think that was even

15

before -- before COVID-19.

16

Q. Before COVID-19 you think

17

the vulnerable inmates were moved to

18

11 South?

19

A. Right. I think so.

20

Q. Were you involved in the

21

decision to move them?

22

A. No.

23

Q. Do you know who made that

24

decision?

25

A. I think it was done at the

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Page 102

1

DR. ROBERT BEAUDOUIN

2

symptom so every staff member know

3

if they have symptoms what to do and

4

everybody essentially know.

5

Q. Do the staff members know

6

what to do if they have had exposure

7

to someone with symptoms?

8

A. Yes.

9

Q. And what are the --

10

A. In general, if you have

11

exposure to someone who has they

12

should call human resources say they

13

have exposure and then human

14

resources will tell them what the

15

CDC recommend or the BOP recommends

16

is to go in quarantine for 14 days

17

and you may need to talk to your

18

doctor. At the beginning quarantine

19

was what was recommended, not being

20

tested, unless you are sick enough

21

to go to the hospital and think --

22

and you are going to be admitted,

23

you are not going to be tested.

24

They would say stay in quarantine

25

for 14 days and see how your

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Page 103

1

DR. ROBERT BEAUDOUIN

2

symptoms are and then you could

3

report later. Essentially you had

4

to still talk to your doctor.

5

Q. Were you ever personally

6

involved with conducting new

7

screenings?

8

A. I am not sure. I may have.

9

I don't think. I'm not sure really.

10

You know, different staff member in

11

the medical were doing it. I am not

12

sure I did. I may have but I can't

13

remember exactly right now.

14

Q. Is it your understanding

15

that when they are conducting the

16

screening they ask -- they follow

17

this form?

18

A. Yes. You have to check yes

19

or no on this form. So yes, they do

20

it.

21

Q. So what happens when a

22

staff member shows symptoms?

23

A. Okay. They would follow

24

the recommendation. Contact -- if

25

they have symptom, they contact the

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Q. Any additional staff tested

3

positive since May 13th?

4

A. I don't know.

5

Q. Are you informed when a

6

staff member tests positive?

7

A. So actually I spoke with

8

the human resource manager. He told

9

me for the past two weeks there were

10

no positive tests. So that's a

11

correction.

12

Q. Are you informed when a

13

staff member tests positive?

14

A. I wasn't being informed

15

regularly. At first the AW, I

16

think, was contacting the HSA to do

17

the contact investigation. And then

18

after the HSA got sick and she was

19

contacting me, but I think she

20

contacted me like three or four

21

times to do some contact

22

investigation but from the chart

23

there are many more staff that

24

needed some contact investigation

25

who tested positive. But what we

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are doing now is that the human

3

resource manager is sending me this

4

form so I also told him that if

5

anybody tests positive, he needs to

6

let me know or let the assistant HSA

7

know so we can do -- for him to

8

provide us the list of possible

9

contact for the staff, for us to do

10

a contact investigation. So we

11

working on improving -- improving

12

the contact investigation.

13

Q. And you haven't been

14

informed of anyone else who tested

15

positive?

16

A. For the past two weeks he

17

told me no, there are nobody -- or

18

there is nobody who tested positive

19

-- positive.

20

Q. Are you responsible for

21

conducting contact investigations?

22

A. I don't know if that's my

23

duties but another thing, you know,

24

another thing in medical, whenever

25

there's something, it's like a

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medical job. So in term of doing

3

the contact investigation it's --

4

essentially anybody can do it. Like

5

outside they are hiring clubs to do

6

contact investigation. They are not

7

hiring doctors to do contact

8

investigation. But anybody can do

9

it but somebody medical other than

10

me or the assistant HSA will be

11

doing it. So we going to tighten up

12

on the contact investigation.

13

Q. So your understanding is to

14

date only three or four of these

15

individuals or four -- only three or

16

four of these individuals have

17

contact tracing been done?

18

A. Right, yes. That I have

19

done.

20

Q. Do you understand that

21

there were multiple instances when

22

staff who were positive for COVID-19

23

continued to report to work at the

24

MCC?

25

A. I don't know that.

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Q. Could you please direct

3

your attention to the entry for case

4

number NYM-06?

5

A. Okay. NYM-06, yes.

6

Q. And apologies if your print

7

out is small. But does this

8

indicate that the staff member

9

symptoms began on March 25th, 2020?

10

A. That's what it says there,

11

March 25th, 2020.

12

Q. Does this indicate that the

13

staff member got a COVID test on

14

March 25th?

15

A. Yes, March 25th.

16

Q. Does this indicate that the

17

result of the test was positive?

18

A. Yes. Does this indicate --

19

we don't have the date. We have the

20

test date. When the result I don't

21

know that they put the result on

22

here. I don't know when they got

23

the result though.

24

Q. Does this indicate that the

25

staff member continued reporting to

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work until March 28th?

3

A. Yes.

4

Q. Even if the staff member

5

did not have a positive test by that

6

date, would you have recommended

7

that that individual continue coming

8

to work?

9

A. If the staff member had

10

symptoms -- well, he had symptoms so

11

I would recommend that he didn't

12

come to work.

13

Q. Can you direct your

14

attention for the entry NYM-45?

15

A. Okay. 45.

16

Q. Does this indicate that the

17

staff member symptoms began on

18

March 24th, 2020?

19

A. Yes.

20

Q. Does this indicate that the

21

staff member continued to report to

22

work until March 29th, 2020?

23

A. Yes.

24

Q. Does this indicate that the

25

staff member tested positive for

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COVID-19?

3

A. Yes.

4

Q. Would you again have the

5

recommendation that this staff

6

member should not have reported to

7

work?

8

A. Yes.

9

Q. Can you please direct your

10

attention to the entry for case

11

number NYM-33?

12

A. Yes.

13

Q. Does this indicate that the

14

staff member symptoms began on

15

April 13, 2020?

16

A. Yes.

17

Q. Does this indicate that the

18

staff member had a COVID test on

19

April 13, 2020?

20

A. Yes.

21

Q. Does this indicate that the

22

result of that test was positive?

23

A. Yes.

24

Q. Does this indicate that the

25

staff member continued to report to

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work until April 19, 2020?

3

A. Yes.

4

Q. Would you again have

5

recommended that this staff member

6

not report to work?

7

A. I would recommend that he

8

or she didn't report to work,

9

correct.

10

Q. If you look at the return

11

to duty date since tested positive

12

column, does this indicate that this

13

individual returned to work on

14

April 28th, 2020?

15

A. Yes.

16

Q. And if you look at the

17

additional information column, does

18

this indicate that the individual

19

tested positive again on May 8th,

20

2020?

21

A. Yes.

22

Q. Would it be your

23

understanding that this individual

24

was still positive for COVID when

25

they returned to work on April 28th?

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A. Yes.

3

Q. Would you please direct

4

your attention for the entry for

5

NYM-27?

6

A. 27, yes.

7

Q. Does this indicate that the

8

staff member's symptoms began on

9

April 6, 2020?

10

A. Yes.

11

Q. And a COVID test on

12

April 13, 2020?

13

A. Yes.

14

Q. Does this indicate that the

15

result of the test was positive?

16

A. Yes.

17

Q. Does this indicate that the

18

individual continued to report to

19

work until April 16th?

20

A. Yes.

21

Q. Would it be your

22

recommendation that this individual

23

should not have reported to work?

24

A. Yes.

25

Q. Now, again --

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A. Also my recommendation --

3

it's also my recommendation, most

4

likely the staff member was wearing

5

a face mask while he was at work, so

6

which mean he's unlikely if he's

7

wearing a face mask and taking the

8

usual precautions he's probably

9

unlikely to transmit the disease.

10

Q. But he was working at the

11

MCC with a positive case of COVID?

12

A. Yes.

13

Q. Does this -- going to the

14

last column again. Does this

15

indicate that this individual

16

returned to work on April 28th,

17

2020?

18

A. Which -- which case we

19

talking about right now?

20

Q. We are talking about

21

NYM-27?

22

A. 27. He report to work --

23

he report to work on the 13th --

24

no, I'm sorry, on the 16th.

25

Q. Yeah. I think --

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A. I'm sorry, kind of confused

3

there.

4

Q. No, sorry. That was my

5

fault.

6

So we are looking at the entry

7

for NYM-27. And it indicates that

8

the last date that they -- sorry,

9

the date until which they continued

10

to work is April 16, 2020, correct?

11

A. Yes.

12

Q. Does this indicate that

13

this individual returned to work on

14

May 4th, 2020?

15

A. Yes.

16

Q. And does this indicate that

17

the individual tested positive again

18

on May 10, 2020?

19

A. Yes.

20

Q. Would it be your

21

understanding that this individual

22

returned to work while they were

23

still positive for COVID-19?

24

A. Yes.

25

Q. Is a negative COVID-19 test

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they were so I did not go exactly to

3

see what this process is. I just

4

ask for the names. So what I would

5

think is that if you work in an

6

office or in the same department,

7

these are your contacts, of course

8

they are the people you get in

9

contact with. The people you work

10

closely with would be the people you

11

are in contact and of course others

12

and also he could have contact with

13

inmates.

14

Q. Do you know if there's a

15

policy detailing how contact tracing

16

should be done?

17

A. No, I don't know.

18

Q. Do you have any sort of

19

tracker that you can look at to see

20

of the individuals who have tested

21

positive for COVID-19 who -- for

22

whom have a contact tracing

23

investigation been performed?

24

A. No.

25

Q. Do you have a list of all

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question?

3

Q. Would it be correct to say

4

that you do not receive information

5

about individuals who are out of the

6

office due to COVID-19 symptoms but

7

have not taken a test for it?

8

MR. BARNEA: Same objection.

9

A. Yes, that's correct.

10

Q. For the contact

11

investigations you have performed,

12

what steps are taken for those who

13

came into contact with that staff

14

member?

15

A. Well, the screening form, I

16

use the screening form on them and I

17

do take their temperature and 6 CK

18

it has a different symptom. In my

19

cases when I did them, none of them

20

had temperature, taking their

21

temperature none of them had a fever

22

and they didn't have any symptoms.

23

Q. So if a staff member has

24

been in contact with another staff

25

member who has tested positive for

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COVID-19, that staff member is

3

expected to continue reporting to

4

work unless they themselves

5

displayed a symptom; is that

6

correct?

7

A. Yes, that's my

8

understanding. Wait. CK test a

9

staff member who has tested positive

10

and has contact with somebody who

11

has no symptom and the question is

12

that the contact is expected to come

13

to work, is that your question?

14

Q. Yes.

15

A. Yeah, the contact is

16

supposed to come work, the contact

17

supposed to wear the face mask and

18

also take the regular precautions.

19

Q. In the contact

20

investigations you have conducted

21

have you identified inmates that a

22

positive staff member has been in

23

contact with?

24

A. When I did the contact

25

investigation we were -- we were

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screening of the inmate when we are

3

doing the COVID-19 screening while

4

they are in quarantine or isolation.

5

Q. When did the MCC start

6

screening inmates for COVID-19?

7

A. We started screening I

8

think after at the end of March

9

after we had the first case.

10

MS. KALA: Could everyone open

11

or turn to the document that has

12

been marked Exhibit 9.

13

(Exhibit 9, Inmate Screening

14

Tool, Bates MCC 1469, marked for

15

identification, as of this date.)

16

MS. KALA: This is the

17

COVID-19 Inmate Screening Tool

18

dated February 2020, Bates No. MCC

19

1496.

20

MR. BARNEA: 1469.

21

MS. KALA: Thank you. 1469.

22

Q. Are you familiar with this

23

document?

24

A. Yes.

25

Q. Can you tell me what it is?

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is, you do admissions.

3

Q. I'm talking about the

4

screening that is performed on a

5

day-to-day basis for general

6

population inmates.

7

A. Okay, the screening. So we

8

go through the cell, we take their

9

temperature. We ask them the usual

10

questions, do you have cough, chest

11

pains, shortness of breath, fever,

12

nausea, vomiting, diarrhea, loss of

13

taste, loss of smell, muscle aches

14

and pains. We do that essentially I

15

know on the first two or three days

16

of contacting the inmate we do that.

17

After a while because I know that

18

there was a complaint from the

19

inmate saying that we don't ask them

20

these questions anymore. I asked

21

the staff do we still continue to do

22

that. They say we do it two or

23

three times. So next time how are

24

you doing you. And also since I'm

25

seeing the patient I can look at the

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patient and see how he's doing. I

3

ask him how are you doing. If they

4

say I'm fine and the temperature is

5

good, it's normal, then I'm good

6

with it. But if the patient was

7

sick, I would send the inmate to

8

medical to be examined. So that's

9

how we have been doing it.

10

But I understand the problem

11

was that the inmate was saying that

12

we stop asking them the usual

13

symptoms and I instructed the staff

14

forward to continue asking them the

15

usual questions, besides taking the

16

temperature to ask them the usual

17

questions. Right now we doing one

18

unit every day and unit 11 we do it

19

twice a week.

20

Q. Is there any sort of

21

document that's used for this

22

screening process?

23

A. Well, at first we are using

24

the image screening tool. Since we

25

have more than 700 inmates it's

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become cumbersome to be copying this

3

page, you know, so many times. So

4

we started using the roster and

5

write on the side of the roster the

6

temperature and if that are some

7

symptoms we write it on the side

8

too.

9

Q. Did you say roster?

10

A. Yeah. Roster, R-O-S-T-E-R.

11

Q. Got it. Are the results of

12

the screenings recorded in any way

13

besides being on the roster?

14

A. No. We didn't report it

15

because of staffing because it takes

16

-- it takes time. It takes really a

17

lot of time. There's 700 inmates.

18

The only thing that was recorded in

19

isolation. In isolation the

20

temperature was recorded. But

21

usually in quarantine we did not

22

record them. We tested weekend

23

records.

24

Q. You mentioned that one unit

25

is being screened every day. What

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does that mean?

3

MR. BARNEA: Objection to

4

form.

5

A. No, no. We screen one unit

6

a day, not one unit every day.

7

Let's say we have unit 2, unit 3 is

8

a quarantine unit, unit 5 -- unit 5,

9

unit 7, unit 9, unit 11. Unit 2 is

10

only once a week. We go and take

11

the inmates temperature once a week.

12

We do for seven. That's what I'm

13

trying to say. Unit 11 we do it

14

twice a week.

15

Q. Was there ever a time where

16

the screening was being done more

17

frequently?

18

A. I'm sorry to interrupt you.

19

11 South, not 11 north.

20

Yes. There was a time that we

21

were doing it every day when we had

22

COVID cases, we were screening every

23

unit every day.

24

Q. When was that?

25

A. More than two weeks ago.

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Q. And do you know roughly how

3

long that lasted for?

4

A. I think everything started

5

after end of March.

6

Q. What happens if someone

7

displayed symptoms of COVID-19

8

during the screening?

9

A. Okay. Somebody developed

10

symptoms then we going to examine

11

them further. We going to bring

12

them -- first we going to put a face

13

mask, bring them to medical so we do

14

a further examination.

15

Q. Is this done when an inmate

16

displays any symptoms of COVID-19?

17

A. Yes. Any symptoms, as long

18

as they have symptoms, yes, we would

19

do it.

20

Q. What happens if someone has

21

a fever?

22

A. Well, the fever is like the

23

most important symptom in general.

24

If somebody has a fever, yes.

25

Person has a fever, then we are

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going to put him in isolation. We

3

are going to examine him too.

4

Q. Continue.

5

A. We are going to examine

6

him -- I said we are going to

7

examine him too. Check his lungs,

8

check his heart. Yeah, we going to

9

examine him too.

10

Q. But it results in automatic

11

isolation as well?

12

A. Yes.

13

Q. What if someone has a fever

14

of 99.5?

15

A. Well, we go with 100.4.

16

That's the number, 100.4.

17

Q. If an inmate has a fever

18

below 100.4, are any steps taken?

19

A. If the inmate has other

20

symptoms, we got to look at the

21

inmates globally essentially. Let's

22

say the inmate have a temperature of

23

99.6, 99.8 but he has all the

24

symptoms, we will take the symptom

25

as a global, well he has other

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A. It's an isolation checklist

3

for COVID-19.

4

Q. In the Move to Isolation

5

row, does this document indicate

6

that inmates presenting with

7

symptoms of COVID-like illness

8

should be placed in isolation?

9

A. Yes.

10

Q. Are you aware of any

11

inmates who have said they have

12

symptoms that are not placed into

13

isolation?

14

A. I am not aware of that.

15

But also, when you say symptoms, not

16

all symptoms may have to deal with

17

COVID-19.

18

Q. Would you agree that fever

19

is a symptom of COVID-19?

20

A. Yes.

21

Q. Would you agree that a

22

cough is a symptom of COVID-19?

23

A. Yes.

24

Q. Would you agree that

25

shortness of breath is a symptom of

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COVID-19?

3

A. Yes.

4

Q. Would you agree that muscle

5

aches are a symptom?

6

A. Yes.

7

Q. Would you agree that there

8

are other symptoms of COVID-19 that

9

have been defined by the CDC?

10

A. Yes.

11

Q. Would you consider any

12

symptoms identified by the CDC as

13

requiring an inmate to be placed in

14

isolation?

15

A. In generally, yes.

16

Q. Were inmates previously

17

being placed into isolation in the

18

special housing unit?

19

A. I'm sorry, can you repeat

20

that.

21

Q. Sure. Were inmates

22

previously being placed into

23

isolation in the special housing

24

unit?

25

A. Yes. That was at first,

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A. I determine that.

3

Q. Are post recovery -- are

4

post recovery symptoms tracked after

5

an inmate is released from

6

isolation?

7

A. After an inmate is -- no,

8

we don't essentially track them, but

9

if the inmate, depending where the

10

unit inmate goes, inmate have access

11

to -- inmate have access to a sick

12

call, inmate have access to us from

13

the unit officer. Also inmate can

14

-- when inmate is being done -- is

15

being done by medical staff inmate

16

have access to us.

17

Q. Is there any procedure for

18

scheduling a medical checkup with an

19

inmate in the week or two after they

20

have been removed from isolation?

21

A. No.

22

Q. How many inmates have been

23

isolated since March 1st?

24

A. Okay. So I could count the

25

numbers there.

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A. Yes.

3

Q. Is that 40 out of about 200

4

staff members?

5

A. I don't know the exact

6

staffing of MCC but it could be, it

7

could be 200.

8

Q. If it is about 200, what

9

would in your mind explain the

10

discrepancy between the percentage

11

of inmates with COVID-19 symptoms

12

and the percent of staff who have

13

tested positive for COVID-19?

14

A. Testing. If you test more

15

inmates, you are likely going to

16

have more inmates positive. But

17

remember even in hospital they were

18

not testing at the beginning. You

19

know, at the beginning I sent

20

inmates to the hospital, they did

21

not test them, we are not going to

22

admit him. There was no need to

23

test. So the more you test, the

24

higher the likelihood of having

25

positive results.

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are housed on 11 South.

3

Q. Is that an open dormitory

4

unit?

5

A. Yes.

6

Q. And were those inmates

7

quarantined there while 11 South was

8

in quarantine?

9

A. Yes -- the inmate at 11

10

South, when the inmate were

11

quarantined, yes, they were in

12

quarantine as a cohort.

13

MS. KALA: Could everyone

14

please open what has been marked as

15

Exhibit 12.

16

(Exhibit 12, BOP Quarantine

17

Guidance: New admits, Contacts of

18

COVID-19, and Pending Release,

19

Bates MCC 1633, marked for

20

identification, as of this date.)

21

MS. KALA: This is BOP

22

Quarantine Guidance: New admits,

23

Contacts of COVID-19, and Pending

24

Release. This is May 7, 2020,

25

Bates number is MCC 1633.

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A. Yeah. We go see them, we

3

do temperature check, we do symptom

4

check. Yeah, we check on them.

5

Q. And how often?

6

A. We do it once a day.

7

Q. Are there any situations

8

where an inmate who is displaying

9

COVID-19 symptoms is left in the

10

unit?

11

A. Are there any situations

12

where one inmate is complaining of

13

COVID-19 is left in the unit?

14

Q. Yeah.

15

A. If we know of it, we

16

wouldn't do it. If we don't know of

17

it, we don't know. But if we know,

18

we are going to aggregate, regularly

19

aggregate, that's a normal

20

operation.

21

Q. Are there any housing units

22

that have never had inmates with

23

COVID-19 symptoms in them?

24

A. No. All the units have

25

been in quarantine, that means they

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must have had somebody with

3

symptoms.

4

Q. What is the MCC's policy

5

for who gets tested for COVID-19?

6

A. The policy is not MCC

7

policy. The policy is Bureau of

8

Prison policy. They made some

9

adjustments in the policy. So they

10

want us to test if we knew inmates

11

would come in, in the new

12

admissions. Do you want to test --

13

to contact, let's say one inmate

14

become positive for -- let's say one

15

inmate in our system is contact

16

would also be tested. And I think

17

there was something else. But

18

essentially these are the new -- the

19

new guidance. The new guidance, all

20

new admit are going to be tested.

21

The contact of somebody who is put

22

in isolation will be tested. I

23

think I'm missing something. But

24

that's essentially the new guideline

25

-- there was a new guideline that

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was sent out very recently.

3

Q. And what are you doing to

4

comply with that new guideline?

5

A. We just meet with the COVID

6

machine. We are not using it yet

7

because we have to get the staff

8

trained on it. So we have three

9

known mental chemists (ph). We sent

10

it to Labcorp. We do the swab and

11

we send it to Labcorp for the test.

12

Q. When did you receive the --

13

this Abbott testing machine?

14

A. We receive it last

15

Thursday.

16

Q. And when -- by when do you

17

plan to be able to conduct tests

18

with this machine?

19

A. Well, we waiting to buy a

20

printer so to make it official for

21

the lawyers so we waiting to buy a

22

printer so when we have the results

23

we get that quick instead of the

24

staff writing on the e-mail note

25

negative or positive, we wanted it

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to be pretty so it look more

3

professional and more official. So

4

when we have the printer, then we

5

would use it. In the meantime the

6

only medical conduct was going to do

7

the testing and send it to Labcorp

8

for -- send it to Labcorp for

9

evaluation.

10

Q. And how will you conduct

11

their tests for those new inmates

12

who come in?

13

A. How? Well, we get the

14

testing kit, which is a swap. We do

15

a nasal applying to swab or no

16

applying to Schwab.

17

Q. Have you made a request for

18

the MCC to buy a printer so you can

19

start using the rapid testing

20

machine?

21

A. Well, the rapid testing

22

machine is not really rapid.

23

Because it takes 15 minutes to do a

24

test. So that is four an hour. And

25

let's say you have -- if you add one

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were low, could an order for test

3

kits have been placed in late March?

4

A. Well, could have, yes.

5

Q. Did you consider placing an

6

order for test kits in late March?

7

A. No, I didn't consider

8

placing an order for testing. Also

9

it would have been have been advised

10

to place order for testing. I don't

11

think we were advised to order

12

testing kits for COVID-19 at the

13

time.

14

Q. And when you placed the

15

order for test kits on April 10th,

16

do you remember how long it took for

17

the tests to arrive?

18

A. I think it took about two

19

or three days.

20

Q. Are inmates who are

21

isolated and then returned to the

22

general population ever placed in

23

dormitory units?

24

A. I cannot answer ever. I

25

don't know. I don't know.

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Q. Can you look at the entry

3

for Litigation No. 223.

4

A. Yes, 223. 223, yes.

5

Q. Under Additional

6

Information do you see from SHU to

7

11 South?

8

A. Right.

9

Q. What does that mean?

10

A. So when the inmate

11

initially goes in isolation he was

12

returned to his unit, the unit he

13

was in before. He was in 11 South.

14

Q. And is 11 South a dormitory

15

unit?

16

A. Yes, it is a dormitory

17

unit.

18

Q. Could you please look at

19

Litigation No. 136.

20

A. 136. Okay, 136.

21

Q. In Additional Information

22

does that say "unit 3/moved to 11

23

South"?

24

A. Yes. I believe it's the

25

same -- I believe it could have been

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inmates 122 and 303?

3

MR. BARNEA: Those are

4

quarantined inmates not isolated

5

inmates, right?

6

MS. KALA: Yes. Thank you.

7

A. Yes.

8

Q. So leaving aside those

9

two who are quarantined, for

10

isolated inmates is a positive test

11

required -- sorry, is a negative

12

test required before the inmate is

13

moved into the general population?

14

A. No.

15

Q. And your understanding is

16

that inmates on 11 South are not

17

able to maintain social distance; is

18

that correct?

19

A. It's a dorm so they are

20

close to each other. It is safe to

21

say they can't maintain six feet

22

social distancing.

23

Q. Do you believe that the

24

five positive inmates to date

25

captures all inmates who have or

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A. The sick call is considered

3

the official version when inmate

4

goes on the computer and put on

5

electronic sick call. The copout,

6

which we call copout was that the

7

inmate write a little piece of paper

8

something and he give it to a staff

9

member, this is what is considered a

10

copout.

11

Q. So would it be fair to

12

describe the way to make requests as

13

oral requests, paper requests and

14

electronic requests?

15

A. Yes.

16

Q. I know you described a

17

number of different ways in which

18

oral requests could be made. What

19

is the actual process for making an

20

oral request?

21

A. Well, the oral request you

22

talk to somebody. You say, oh, I

23

got this, oh, can you call medical

24

for me. That's -- that's it.

25

Q. Is there any particular

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passed on to the medical staff?

3

A. Oh, the officer can just

4

call you. Doctor, this inmate says

5

he has this and that, can you see

6

him. And then 99 percent of the

7

time we say yes, send him down.

8

Q. How soon after an oral

9

request is made by an inmate is it

10

passed on to the medical staff?

11

A. I don't know. I can't tell

12

you that. If it's even to a medical

13

staff, let's say medical staff is

14

doing -- is doing fill lines and

15

Mr. Smith's stop by and says, Doc, I

16

need you see for this and that, and

17

the staff would right write it

18

himself and say, okay, we will call

19

you later. So that would be one

20

way.

21

Q. Are there any guidelines

22

for how oral sick call requests are

23

passed on to medical staff if they

24

are reported to a nonmedical staff

25

member?

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A. No, I don't think so.

3

Q. How are paper requests for

4

medical care passed to the medical

5

staff?

6

A. The inmates write a piece

7

of paper and they give it to medical

8

-- the medical staff.

9

Q. So the inmate has to

10

directly give it to a medical staff

11

person?

12

A. Well, the -- yes, he would

13

have -- yes, to a medical staffer,

14

yes.

15

Q. And what about electronic

16

sick calls?

17

A. Electronic sick call the

18

inmate goes to the computer and put

19

in the information and that's how

20

they explain sick call is done.

21

Q. And how does it come to you

22

or to the medical staff?

23

A. The electronic sick call go

24

to a bag, a computer bag, where the

25

HSA, an HSA and they have a nurse

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Technically they all supposed to be

3

either brought down to medical or be

4

put on the call-out to be seen.

5

Q. Is there any policy saying

6

when someone needs to be seen --

7

when someone needs to be brought

8

down right away?

9

A. Yes.

10

Q. And what is that policy?

11

A. Well, these are for acute

12

conditions. Let's say somebody

13

saying I have chest pains, is the

14

guy having a heart attack, let's say

15

the guy is bleeding or he has some

16

weakness on one side. He's out for

17

potentially emergency condition.

18

Q. Would you say COVID-19

19

symptoms are an acute condition?

20

A. Yes.

21

Q. Going back to the type of

22

requests for medical care. When you

23

received or any medical staff

24

member, I should say, received an

25

oral request for medical care, is

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that recorded anywhere?

3

A. No. No one requests the

4

images I think. Oh, I got this, can

5

you bring me down. That's not

6

something you going -- that's not

7

something we are going to record

8

somewhere. If you record it, he

9

going to the computer and put in an

10

official request.

11

Q. If the inmate makes an oral

12

request but is not seen right away,

13

is any sort of record made of that

14

request?

15

A. No. The only request

16

between the inmate and the staff

17

member.

18

Q. What about any paper

19

copouts, are those recorded --

20

A. The paper copouts, the way

21

the paper copout working handled was

22

that. When we receive the paper

23

copouts, we just schedule them or

24

call it down and these paper copouts

25

we keeping them and recording them

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in the medical records. So we are

3

not keeping them. So I know that's

4

been a problem with booking, the

5

same thing booking with -- we are

6

not recording the paper copouts.

7

After we finish reviewing it or

8

scheduling the admit, the little

9

piece of paper we were shedding the

10

little piece of paper. But from

11

what we know happens in blueprints,

12

they say we should report them. So

13

when I got that little piece of

14

paper with writing so I get some

15

Scotch tape, put it on the -- Scotch

16

tape, put it on the imprint and tape

17

it so that it can go in the record.

18

But I think that the way that we

19

have to start doing that in the

20

future for whatever paper copout we

21

get, we're going to record it and

22

for it to go in as an official

23

record.

24

Q. Have any paper sick call

25

requests been saved?

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A. After we heard it was the

3

Brooklyn issue, so whatever paper

4

copout we get, we keeping them.

5

Q. When did you hear about the

6

Brooklyn issue?

7

A. Two weeks ago. Not too

8

long ago.

9

Q. Before that date were any

10

paper sick call requests saved?

11

A. No. We are not keeping

12

that. We think it was an official

13

record.

14

Q. Before that date to your

15

knowledge were all paper sick call

16

requests shredded?

17

A. That's what I think, yes.

18

Q. And are electronic sick

19

call requests recorded anywhere?

20

A. Well, the electronic, they

21

always there. They always on the

22

computer. So yes, they are there.

23

Q. And would you say the

24

record of all electronic sick call

25

requests is the inbox that receives

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A. Yes. That's in -- that's

3

in the electronic medical records.

4

When the inmate is seen and an

5

account is created where he does --

6

he does say what the complaint of

7

the inmate is, what the objective

8

is, which is were the vital signs

9

taken, was their weight taken, and a

10

physical exam, is the an assessment

11

in place and some had medication.

12

Q. When medical staff receives

13

a request for medical care related

14

to the COVID-19 symptoms, how

15

quickly are they supposed to

16

respond?

17

A. Oh, they are supposed to

18

respond immediately.

19

Q. Are they supposed to inform

20

you about such a request for medical

21

care?

22

A. No.

23

Q. Are they supposed to inform

24

you if they have identified or

25

learned about an inmate with

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Q. Dr. Beaudouin, who receives

3

e-mails sent to the sick call box?

4

A. It goes through a fax. HSA

5

has access to it -- HSA has access

6

to it and the nurse who is in charge

7

of monitoring it has access to it.

8

These are the people --

9

Q. Who are those individuals?

10

A. The HSA? You want names?

11

Q. Yes, please.

12

A. Terrance, T-E-R-R-A-N-C-E,

13

Chomas, C-H-O-M-A-S, the assistant

14

HSA. Marc, M-A-R-C, Yonnone,

15

Y-O-N-N-O-N-E. And the nurse has

16

been out -- has been deployed for

17

probably four weeks now. The nurse

18

is Joseph Columbo, C-O-L-O-M-B-O.

19

Q. Who maintains the sick

20

call.

21

A. I don't if other people

22

have access.

23

Who maintains the sick call

24

box? It's the computer thing, I

25

don't know who did it.

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Q. Who is responsible for

3

responding to requests received to

4

the sick call box?

5

A. It is a nurse that is

6

responsible for checking the medical

7

box. Called the HSA (inaudible).

8

Q. Could you please turn to

9

page 19. I think you may not have

10

page numbers on your printout so let

11

me give you the Bates number. It's

12

Bates number MCC 0219.

13

A. Okay, I got it.

14

Q. Is this an e-mail from an

15

individual who has now been

16

identified as inmate 343?

17

A. Yes.

18

Q. And this e-mail was sent to

19

the sick call box on April 17, 2020?

20

A. Yes.

21

Q. Did you see this e-mail?

22

A. I just saw it now.

23

Q. Prior to now did you see

24

this e-mail?

25

A. No, I didn't read all of

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can't see. It's on the right side

3

of the page.

4

Q. How about now, can you see

5

the whole document?

6

A. No. Could you move it to

7

the left a little bit.

8

Q. Sure. I'm not sure if that

9

will help. Does that help?

10

A. It's hard to read.

11

MR. BARNEA: It's very small.

12

Can you zoom in a little bit.

13

Q. Yes, I'm trying to find a

14

good balance. How about this? No,

15

too small?

16

A. Yeah, still too small.

17

Can't make it out, no.

18

Q. Okay. Can you see the

19

whole document?

20

A. Yes.

21

Q. Okay, great. Is this a

22

response to an e-mail from an

23

individual now identified as inmate

24

324?

25

A. Yes. I see it says

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schedule for sick call.

3

Q. When was that response

4

sent?

5

A. It's saying it was sent on

6

5/5.

7

Q. Did you write the response?

8

A. No.

9

Q. Was the inmate's initial

10

message sent on April 16, 2020?

11

A. Yes, that's what it says.

12

Q. Did the inmate's message

13

describe shortness of breath?

14

A. Yes.

15

Q. Did this inmate's request

16

describe chest pains?

17

A. Yes.

18

Q. Do you understand these to

19

be COVID-19 symptoms?

20

MR. BARNEA: Objection to

21

form.

22

A. Yes.

23

Q. Do you understand chest

24

pain to be a symptom demanding an

25

emergency response?

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A. Yes. But it depend on the

3

type of asthma. It has to be

4

moderate to severe asthma, and I

5

don't remember this inmate.

6

Q. You don't remember this

7

inmate?

8

A. No, I don't remember him.

9

Q. Could you please turn to

10

page 9. This is Bates number MCC

11

0209. I'm not sure if you can see

12

it on my screen or if you need a

13

moment to find it.

14

A. Yeah, I can see it.

15

Q. Is this in response to an

16

e-mail from an individual now

17

identified as inmate 235?

18

A. Yes.

19

Q. Was this response sent on

20

May 5th, 2020?

21

A. Yes.

22

Q. Does this response say

23

scheduled for sick call?

24

A. Yes.

25

Q. Did you write this

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response?

3

A. No. I don't write any of

4

these responses.

5

Q. Was the inmate's initial

6

message sent on March 15, 2020?

7

A. Yes.

8

Q. Did the inmate's message

9

describe coughing?

10

A. Yes.

11

Q. Does this inmate's message

12

describe a fever?

13

A. Yes.

14

Q. Were you informed of this

15

e-mail?

16

A. No.

17

Q. Is coughing a symptom of

18

COVID-19?

19

A. Yes.

20

Q. Is fever a symptom of

21

COVID-19?

22

A. Yes.

23

Q. Do you have reason to

24

believe this inmate received a

25

response to their sick call request

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Q. Were any responses to sick

3

calls -- to electronic sick call

4

requests made prior to May 5th,

5

2020?

6

A. No, it's not indicated

7

here, no.

8

Q. And --

9

MR. BARNEA: I'm sorry. Did

10

you mean this particular one or all

11

of them?

12

Q. Yeah, to clarify, I'm

13

talking about the whole set. Were

14

any responses made prior to May 5th,

15

2020?

16

A. Well, the sick call box was

17

not being monitored regular after

18

the Brooklyn interview so I talk

19

with the assistant and we have plan

20

that this is -- the first thing he

21

does when he start working, he go to

22

the sick call box and review the

23

sick call box. He was in there, but

24

he may need to be brought down for

25

evaluation, for the inmate to be

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brought down depending on the

3

symptom or the complaint and the

4

inmate need to be scheduled. We

5

know this has been a problem in the

6

past, something that we are working

7

to fix.

8

Q. When did you find out --

9

you referenced you found out

10

something about the MCC and then

11

changed this practice; is that

12

correct?

13

A. Well, the sick call box has

14

nothing to with the MCC. We know

15

about the sick call box. The nurse

16

supposed to be monitoring it, they

17

can check and they are supposed to

18

be monitoring it. The only thing I

19

said to MCC are those little paper

20

copout with three lines on the

21

little piece of paper that's

22

supposed to be into the medical

23

records. That's something -- that

24

is something. But the sick call,

25

the electronic medical record that's

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in there so monitoring it has not

3

been done timely, that's something

4

that now is being done.

5

Q. Sorry, I think I

6

misunderstood you so I just want to

7

make sure I have this correct. What

8

prompted you to change the policy

9

with regard to monitoring of the

10

sick call box?

11

MR. BARNEA: Objection to

12

form.

13

A. It's not a change in

14

policy. Essentially the sick call

15

box was supposed to be monitored by

16

the nurse. Okay, the nurse went on

17

-- was deployed so that slowed down

18

the thing and then the correctional

19

facility, the HSA has been on leave

20

so the assistant HSA started to

21

monitor the box. It hasn't been

22

done timely. So we know it's a

23

problem and we -- this is one thing

24

I discuss with him, whatever he do

25

the first thing in the morning go to

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the sick call box, handle what's in

3

there. So this is something we

4

doing right now to make sure that

5

it's being addressed because we

6

know, you know, something could go

7

wrong with that. I can go to the

8

lines medical staff you know, you

9

know, if they want to be seen

10

immediately we usually tell them, if

11

you have serious symptoms, it's not

12

probably good to put it on sick

13

call, you need to talk to somebody.

14

Talking to somebody can get the

15

issue addressed.

16

Q. When did you have this

17

conversation about the need to

18

monitor the sick call box on a daily

19

basis?

20

A. Not too long ago. Probably

21

two, three weeks ago or so.

22

Q. And before you had this

23

conversation what was the process of

24

monitoring the sick call box?

25

A. The sick call box was to be

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monitored by a nurse daily. If the

3

nurse wasn't there, it's supposed to

4

be the HSA. But what happened is

5

there are a lot of work to be done.

6

Sometimes if you don't address it,

7

then it stays and you get busy with

8

other things but it's a problem that

9

right now we have to put it as a

10

priority, the sick call to be

11

addressed first thing in the

12

morning. So that's what I told him,

13

that's why I told him the first

14

thing you do in the morning is go to

15

the sick call box.

16

Q. The nurse who was supposed

17

to be monitoring it was that Joseph

18

Columbo?

19

A. Yes.

20

Q. And he typically has

21

primary responsibility for

22

monitoring the box?

23

A. Yes. Yes.

24

Q. And you said he's been out

25

for -- could you remind me how long

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he's been out for?

3

A. I think probably four

4

weeks.

5

Q. We'll now turn to page 12

6

of Exhibit 15. Do you have it in

7

front of you or can you see it on my

8

screen?

9

A. Yes.

10

Q. This is Bates number MCC

11

0212. Is this in response to an

12

e-mail from an individual now

13

identified as inmate 261?

14

A. Yes.

15

Q. Did inmate 261 send a

16

request for medical care on May 4th,

17

2020?

18

A. Yes, he did.

19

Q. Were you notified about

20

this e-mail?

21

A. No, I wasn't notified.

22

MR. BARNEA: Sorry, Ishita,

23

can you move the other window, I'm

24

trying to see the --

25

MS. KALA: Oh, sorry. Sorry.

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to do, how to manage the symptoms,

3

to follow up and things like that.

4

Q. If you conduct an

5

appointment or provide medical care

6

in response to a request for medical

7

care, is that tied in any way to the

8

request on the system?

9

A. Could you repeat the

10

question.

11

Q. Sure. And I'll try to make

12

it a little clearer. So if you

13

conduct an appointment in response

14

to someone requesting medical care,

15

are the details of that appointment

16

tied to the request itself on the

17

system?

18

A. No. I don't see the sick

19

call. So when I'm seeing the

20

inmates, I'm talking to him about

21

the present complaint, the complaint

22

he has not complaint he had before.

23

So of course whatever complaint he

24

has I'm going to address it. So I

25

don't know what he put in his prior

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EXHIBIT 2

Case 1:20-cv-03315-ER Document 54-2 Filed 05/27/20 Page 2 of 28

Page 1

1

2

UNITED STATES DISTRICT COURT

3

SOUTHERN DISTRICT OF NEW YORK

4

5

CESAR

)

FERNANDEZ-RODRIGUEZ,

)

6

ROBER GALVEZ-CHIMBO,

)

SHARON HATCHER,

)No.

7

JONATHAN MEDINA, JAMES )20 Civ. 3315(ER)

WOODSON, individually )

8

and on behalf of all

)

others similarly

)

9

situated,

)

Petitioners, )

10

)

vs.

)

11

)

MARTI LICON-VITALE, in )

12

her official capacity )

as Warden of the

)

13

Metropolitan

)

Correctional Center,

)

14

Respondent. )

_______________________ )

15

16

17

18

VIDEOCONFERENCE DEPOSITION OF

19

CHARISMA EDGE

20

Wednesday, May 20, 2020

21

22

23

Reported By:

24

CATHI IRISH, RPR, CRR, CLVS, CCR

25

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but acting warden Hazelwood did not yet

3

arrive?

4

A. Yes. I'm trying to remember

5

her -- what day she actually look leave.

6

It was a day or so before Mr. Hazelwood

7

arrived, yes.

8

Q. Okay. So when did the MCC first

9

start any type of planning to address a

10

potential outbreak of COVID-19 at the

11

facility?

12

A. I don't recall initially the date

13

for the planning.

14

Q. Do you recall the month when

15

planning first started?

16

A. March.

17

Q. Do you recall when in March?

18

A. It was the latter part of March.

19

Q. The second half of March, would

20

that be fair to say?

21

A. That's fair to say.

22

Q. Did you get some exhibits a few

23

hours before this deposition started?

24

A. Yes.

25

Q. And do you have them in front of

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point?

3

A. This is the first time I'm seeing

4

it.

5

Q. Were you aware of the Federal

6

Defenders of New York making the request

7

reflected at the bottom of the e-mail for

8

David Patton for information about the

9

MCC's planning for COVID-19?

10

A. No.

11

Q. We can put that away.

12

As of March 15th of 2020, is it

13

accurate to say that the MCC did not have

14

any protocol in place for testing inmates

15

for COVID-19?

16

A. You're saying beginning March

17

15th, did we do any testing?

18

Q. Did you have any protocol in

19

place for how, if at all, you would test

20

inmates prior to March 15th?

21

A. Not that I'm aware of.

22

Q. When is the first time the MCC

23

has had test kits available to conduct

24

tests to process either within the MCC or

25

through a commercial lab for COVID-19?

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attention so that's what I recall about

3

conversations related to placement.

4

Q. It's just important for the

5

deposition that the record be clear so I

6

just want to make sure it is.

7

Are you saying you do not

8

remember having any conversations about

9

whether it was medically appropriate to

10

house inmates who had COVID-19 in the

11

special housing unit?

12

MS. ROVNER: Objection.

13

BY MR. DEVLIN-BROWN:

14

Q. You can answer.

15

A. What I'm saying is the words

16

"medically appropriate," I do not recall

17

those words being used but I do recall

18

discussing whether or not inmates would

19

have medical attention, would medical be

20

available, that's what I recall.

21

Q. Do you recall anyone at the MCC

22

recommending that inmates with COVID-19

23

not be sent to the special housing unit?

24

A. I do not recall that suggestion.

25

MR. DEVLIN-BROWN: Could you take

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contact investigations are recommended or

3

should be done when there is a positive

4

case.

5

Q. To be clear, in this case

6

reflected in the memo in Exhibit 4, you do

7

not know one way or the other if a contact

8

investigation was ever conducted with

9

respect to which staff this positive

10

inmate had contact with?

11

A. No, I do not know about the

12

contact investigation.

13

Q. So this first inmate who was

14

determine by the MCC to have COVID-19 was

15

housed on 11 South; is that correct?

16

A. Yes.

17

Q. And that's a dormitory unit; is

18

that right?

19

A. That's right.

20

Q. Do you know approximately how

21

many inmates 11 South holds when it's

22

fully occupied?

23

A. 156 inmates.

24

Q. Was it at or near full occupancy

25

at the time of this incident?

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A. I don't know of the numbers or

3

the capacity at that time.

4

Q. Following the diagnosis of this

5

first inmate with COVID-19, what steps

6

were taken to identify, if any, who on

7

11 South among the inmate population had

8

contact with this inmate?

9

A. You're asking about the inmates

10

who came in contact with the inmate who

11

was removed, placed on G?

12

Q. Yeah, I'm asking if to your

13

knowledge there was any effort by the MCC

14

to identify those inmates on 11 South who

15

had been in close contact with the patient

16

who had been first identified as having

17

COVID-19.

18

A. I don't know about any contact

19

investigation. What I do know is that the

20

entire unit was placed on quarantine as a

21

precaution.

22

Q. So to be clear, by placing the

23

entire unit on quarantine, does that mean

24

no inmates who were then residing on

25

11 South were moved from 11 South to

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another unit and no one came into 11 South

3

from outside that unit?

4

A. That is correct.

5

Q. When did that quarantine go into

6

effect in terms of how quickly after this

7

first case was diagnosed?

8

A. Well, to my recollection, as soon

9

as it was discovered that the inmate was

10

positive or asymptomatic, then the

11

quarantine was immediately placed in

12

effect.

13

Q. Do you recall any efforts other

14

than putting a quarantine on the entire

15

unit to determine which inmates may have

16

been in close contact with the infected

17

person?

18

A. I do know -- I am not aware about

19

the contact investigation aspect. I am

20

aware of the quarantine aspect.

21

Q. Do you recall any discussion

22

about whether or not to move inmates who

23

had close contact with the affected inmate

24

out of 11 South to isolation themselves?

25

A. I don't recall if there was

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another inmate related to the 11 South,

3

whether they were placed on isolation but

4

again the entire unit was placed on

5

quarantine status for precaution.

6

Q. Following the diagnosis on March

7

23rd, were any steps implemented to

8

provide additional protective equipment to

9

the inmates on 11 South?

10

A. Additional PPE, are you referring

11

to masks?

12

Q. It wasn't a great question. Let

13

me break it down.

14

Prior to March 23rd, the inmates

15

on 11 South did not have masks; is that

16

correct?

17

A. That is correct.

18

Q. When were masks first issued to

19

inmates on 11 South?

20

A. Masks were issued to the inmate

21

population I believe sometime in April.

22

Q. Was there any increase in the

23

amount of sanitation supplies, soap,

24

cleaning equipment provided immediately

25

after this original case on March 23rd to

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A. Indicated by a regularly

3

scheduled basis, we have meetings Monday

4

and every Friday and during portions of

5

those meetings we do have a portion set

6

aside for COVID so I would say yes, a

7

regularly scheduled basis.

8

Q. Who's at these meetings on Monday

9

and Friday?

10

A. The executive staff.

11

Q. And who is the executive staff,

12

what does that consist of?

13

A. The warden, all the associate

14

wardens, the executive assistant and the

15

captain, and the psychologist is there as

16

well, medical is there, and if there's

17

something that specifically we need

18

clarification on they may stay but there's

19

a portion where they do step out and those

20

are the participants of the meeting.

21

Q. Who is there for medical?

22

A. The health services -- at this

23

time the health services -- excuse me, the

24

assistant health services administrator

25

but he's on leave, the health services

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received any RIS request, again prior to

3

COVID-19, that I'm aware of. They all

4

happened after COVID.

5

Q. Since the COVID pandemic has

6

arrived, can you estimate how many times

7

the MCC has filed a motion for

8

compassionate release based on requests

9

from the inmate?

10

A. That I don't. I'm not aware how

11

many times we filed a motion.

12

Q. Are you aware of any one way or

13

the other?

14

A. I don't recall there being any

15

approved based on the MCC -- from the

16

institution standpoint to file a motion,

17

I'm not aware of any.

18

Q. How, if at all, has the

19

compassionate release evaluation changed

20

since the COVID pandemic in terms of

21

factors that the MCC considers in

22

evaluating applications, if it has?

23

A. I know there is a AG memo

24

indicating there should be a heightened

25

increase use for -- that's for home

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submitted or reviewed for home confinement

3

and it's approved, then there's no need to

4

then continue the reviews for

5

compassionate release because the

6

vulnerability to that inmate no longer

7

exists if they have been approved for home

8

confinement. So the two home confinement

9

and compassionate release are two

10

separate, they fall under two separate

11

authorities, whereas home confinement is a

12

review based on from the institution's

13

perspective, whereas compassionate release

14

the warden make a recommendation, it's

15

sent to central office, and then the

16

director coordinates with the United

17

States Attorney's Office and they make a

18

motion to the court. So those are two

19

separate processes.

20

Q. Okay. In terms of the time it

21

takes to review a compassionate release

22

application, is it fair to say a backlog

23

of such applications developed because of

24

the volume of inmates filing them

25

following the COVID-19 pandemic?

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A. Yes.

3

Q. Were you recently able to

4

accelerate your review of those and clear

5

the backlog?

6

A. Yes.

7

Q. And how did you do that?

8

A. How did we clear the backlog?

9

Q. Did you receive additional staff

10

or other tools that enabled you to clear

11

the backlog in recent weeks?

12

A. The staff that we currently have

13

did the review and that's how the backlog

14

was cleared.

15

Q. So the staff that would

16

ordinarily review these things simply

17

reviewed them more quickly; is that fair

18

to say?

19

MS. ROVNER: Objection.

20

THE WITNESS: That's fair to say.

21

BY MR. DEVLIN-BROWN:

22

Q. Let's turn to home confinement

23

which I think you were referring to before

24

as well.

25

Actually sorry, before I get

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first.

3

A. Pre-COVID, we have a system

4

called Insight and it's a database that's

5

generated or initiated from the unit team

6

secretary and it's an RRC or residential

7

reentry center referral and so home

8

confinement and RRC are acronyms, they are

9

processed the same way. Home confinement

10

is then determined from the RRM, the

11

residential reentry manager based on the

12

RRC referral, if you will.

13

Q. Okay.

14

A. Yeah, a database.

15

Q. Okay. So how has the home

16

confinement review process changed since

17

the COVID-19 pandemic?

18

A. Well, I would say with the

19

guidance of the Attorney General's memo,

20

we've been given a more stringent -- I

21

won't say stringent but criteria to

22

specifically increase the use of home

23

confinement.

24

MR. DEVLIN-BROWN: If I could

25

show you what's been marked as Exhibit

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this was definitely discussed.

3

Q. Okay. What do you remember about

4

discussions you had about implementing the

5

memo?

6

A. I had a discussion with

7

Mr. Demosthenes about processing home

8

confinement in an expeditious manner.

9

Q. I mean the memo provides the BOP

10

with authority to release inmates on home

11

confinement who would have been ineligible

12

before; right?

13

A. What do you mean by ineligible?

14

My understanding is not that we would take

15

an ineligible inmate and make him

16

eligible. My understanding is that we

17

would make greater use of it but I don't

18

believe that it would be a fair assessment

19

that an ineligible inmate would now be

20

eligible.

21

Q. To be clear, are you saying that

22

in your view, the only inmates who would

23

be eligible for release after this memo

24

would be the same inmates who were

25

eligible for release before?

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2

A. Yes. My understanding is not --

3

is to increase the use or to run rosters

4

and to maybe perhaps review people faster

5

or quicker and not wait for the specific

6

time frame because as I already indicated,

7

home confinement is generated, the review

8

process is the same as the RRC packet and

9

typically inmates are reviewed for halfway

10

house placement based on a certain time

11

frame, like 17 to 19 months they are

12

reviewed, but this to me indicated that

13

the review process should be immediate but

14

it doesn't say, my understanding is not

15

that an ineligible inmate would be deemed

16

eligible.

17

Q. Was vulnerability to COVID-19 a

18

factor in releasing on home confinement?

19

A. Yes.

20

Q. And was that a factor before this

21

memo or only after this memo?

22

A. Well, COVID-19 didn't exist prior

23

to the memo so I would say that as a

24

result of this memo.

25

Q. Well, you had already had a

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2

THE VIDEOGRAPHER: We're going

3

off the record at 3:08 p.m. This

4

marks the end of media unit 2.

5

(Recess taken from 3:08 p.m. to

6

3:20 p.m.).

7

THE VIDEOGRAPHER: We're back on

8

the record at 3:21 p.m. This marks

9

the beginning of media 3.

10

BY MR. DEVLIN-BROWN:

11

Q. Okay, so Ms. Edge, before we took

12

a break, I had asked you if you had

13

concerns about how the home confinement

14

process was implemented at the MCC

15

following Attorney General Barr's memo.

16

You had said that you did have concerns

17

and I asked you what they were and you

18

said the reviews were not being done.

19

Can you explain what you mean by

20

that?

21

A. Meaning the staff that are

22

responsible for reviewing the request were

23

not available to review the request. They

24

were reassigned.

25

Q. And which staff were these by

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2

position and name?

3

A. The case managers, they conduct

4

the review so those case managers would be

5

Flores -- and again the first names I'm

6

not familiar with because we call

7

everybody by their last names -- so that

8

would be Flores, Jenkins-Cardew, Olivares.

9

Q. Did you say the case managers

10

were reassigned?

11

A. Yes.

12

Q. Reassigned to what?

13

A. To work custody.

14

Q. And work custody means what?

15

A. Meaning that custody they were

16

working correctional posts.

17

Q. Okay. Did that happen to a large

18

number of case managers?

19

A. All of the case managers.

20

Q. And do you know why they were

21

reassigned to that?

22

A. A decision was made to implement

23

a 12-hour roster and to utilize

24

non-custody staff which included unit team

25

staff.

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2

Q. When was that decision made?

3

A. The decision was made the latter

4

part of March and then it was implemented

5

April 5th.

6

Q. So it was implemented shortly

7

after the Attorney General's memo came

8

down?

9

A. Yes.

10

Q. Did you know that the case

11

managers were being reassigned to

12

corrections posts?

13

A. I did not know until I received

14

the e-mail along with everyone else.

15

Q. What e-mail are you referring to?

16

A. The e-mail indicating that staff

17

will be reassigned.

18

Q. I see. And did that e-mail, that

19

e-mail came down in late March to be

20

effective April 5th if I understand you.

21

A. Correct.

22

Q. So as of the time the Attorney

23

General's memo was issued on April 4th,

24

did you understand at that time these case

25

managers were not going to be available to

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2

do the review in a timely manner?

3

A. Well, the memo, the AG memo was

4

April 3rd, not April 4th, and when the

5

memo was sent out or disseminated, I

6

didn't know to the extent that it would

7

impact or how many of my staff would be

8

reassigned.

9

Q. And when did you figure out how

10

big an impact it would have on your staff?

11

A. The date that it became

12

effective.

13

Q. Did that give you concerns right

14

away that there was going to be delay in

15

processing home confinement?

16

A. Yes.

17

Q. Did you express your concerns to

18

anyone?

19

A. Yes.

20

Q. To whom?

21

A. To the warden.

22

Q. To the warden or acting warden or

23

both?

24

A. To both.

25

Q. Tell me about what you told the

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2

warden.

3

A. That I needed the staff in order

4

to do the work, simple.

5

Q. What was her response?

6

A. That it was -- it wasn't a direct

7

response but ultimately I didn't get the

8

staff.

9

Q. What response did she give you

10

exactly?

11

A. That the staff would not be

12

returning in addition to other, you know.

13

Q. In addition to what?

14

A. In addition to other -- just the

15

staff would not be returned. They would

16

be utilized on the custody roster.

17

Q. Did she give you any suggestions

18

about how to process the cases given that

19

the staff were going to be used for the

20

custody roster?

21

A. No.

22

Q. What did you do after she told

23

you that the staff would not be coming

24

back to support that?

25

A. I had a conversation with

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2

Mr. Demosthenes and he and I did the best

3

we could with the request.

4

Q. What was Mr. Demosthenes's

5

reaction?

6

A. He was puzzled as to how we would

7

get all the requests done in the time

8

frame.

9

Q. I'm trying to figure out when the

10

warden went on leave. It was around this

11

time; right?

12

A. We received -- Mr. Hazelwood

13

reported to us April 9th so her last day

14

was maybe -- what day is April 9th?

15

Q. I can figure it out.

16

A Thursday.

17

A. Thursday. So I think there was

18

an e-mail sent out maybe like a couple

19

days prior to that she would not be at

20

work.

21

Q. So when the acting warden

22

Hazelwood arrived, did you on April 9th,

23

did you communicate with him about this?

24

A. I don't remember if it was

25

April -- I probably did tell him April 9th

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2

but I know I communicated it early on

3

after having a meeting.

4

Q. Was this just a one-on-one

5

meeting with you and him or were there

6

other people there?

7

A. There were other people there.

8

Q. The executive staff?

9

A. Correct.

10

Q. And what did you tell the acting

11

warden at that meeting about your

12

situation?

13

A. That I needed unit team staff to

14

process RIS in addition to just their

15

regular work.

16

Q. And what did he say?

17

A. That unit team staff, this is not

18

verbatim, you know.

19

Q. Of course.

20

A. In essence, unit team staff, they

21

would be utilized on the custody roster.

22

Q. Did he give you any other

23

suggestions about how you might find the

24

resources to process these cases?

25

A. No.

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2

Q. Did you raise it with anyone else

3

at the MCC, your concerns?

4

A. Yes.

5

Q. Who else?

6

A. When -- well, exec staff knew

7

about it. Those are my peers. I

8

definitely didn't discuss it with any

9

support with the exception of

10

Mr. Demosthenes because he was directly

11

involved, and obviously he knew what was

12

going on because he was doing the work of

13

someone else but the attorneys new as

14

well.

15

Q. The MCC attorneys?

16

A. Yes.

17

Q. Did you write any e-mails or

18

memos or anything about your concerns?

19

A. I did write some e-mails.

20

Q. To who, other than the attorneys,

21

to who?

22

A. The exec staff.

23

Q. Do you know the date of those

24

e-mails or would you be able to figure it

25

out?

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2

Q. Were you satisfied that that was

3

a good explanation?

4

A. No.

5

Q. Why not?

6

A. Because I know that they could --

7

they didn't have to be in custody.

8

Q. Why did you think they didn't

9

need to be in custody?

10

A. There could have been someone

11

else to work in their place.

12

Q. You didn't think that the MCC was

13

so short-staffed that they had no choice

14

but to assign these people to the custody

15

roster?

16

A. The staff didn't have to be in

17

custody. Those particular individuals did

18

not have to be in custody.

19

Q. So did you eventually get help

20

that you needed from this?

21

A. Yes.

22

Q. When did you get help?

23

A. When the staff returned.

24

Q. And when was that?

25

A. I believe it was April 26th.

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2

Q. Can you just explain to me sort

3

of how it was done?

4

A. We identified some inmates

5

that -- we ran a roster and some inmates

6

were identified either by the Office of

7

General Counsel and then the Office of

8

Research, I forgot the acronyms, Office of

9

Research, and then there was a roster

10

generated, some inmates identified as

11

possibly meeting the criteria and we were

12

instructed to review those inmates. In

13

addition, there was an at-risk list that

14

was identified and then those inmates were

15

reviewed.

16

Q. And when did that review take

17

place?

18

A. The at-risk list?

19

Q. Yeah.

20

A. They happened at different times,

21

we receive the information at different

22

times so when the Regent sent us the

23

information, it had to be sometime in

24

April, the beginning of April.

25

Q. Okay. And just so I'm clear,

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2

this is the process that resulted in a

3

list of about 205 vulnerable inmates?

4

A. I don't know if it was 205 but it

5

was an extensive list.

6

Q. How did the MCC use that data on

7

inmates being in this vulnerable category,

8

how did it factor into the decision the

9

MCC makes as to where to house them or any

10

number of things?

11

A. Well, 11 South was identified as

12

an area or a housing unit that would

13

probably be better for them because it's a

14

dorm setting and a decision was that it

15

would just be a little -- that environment

16

is a little bit more amenable to the -- I

17

would say the high risk inmates so we did

18

try to group all of those quote/unquote

19

high risk inmates together in one location

20

as opposed to throughout the institution.

21

Q. And that was before the first

22

cases of COVID in the facility?

23

A. Yes.

24

Q. Okay. All right, turning to

25

sanitation which I think is one of the

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2

Q. I guess -- what do they wipe it

3

down with, like paper towels or is there

4

cloth rags or what?

5

A. Cloth rags.

6

Q. Okay. So what about masks for

7

the inmates, were you involved at all in

8

decisions about ordering masks and

9

providing masks to inmates?

10

A. I was not involved in ordering

11

the masks, that was guidance, that was

12

sent down from -- we had no -- no decision

13

internally. That was decided for us. So

14

the masks, you receive the masks and you

15

distribute the masks.

16

Q. And initially the masks given to

17

the inmates were what kind of masks?

18

A. They were the surgical masks.

19

Q. Do you know how often they were

20

provided to the inmates?

21

A. Once a week.

22

Q. How many masks a week?

23

A. One mask a week.

24

Q. When did that start, if you know?

25

A. That was sometime in April.

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EXHIBIT 3

Case 1:20-cv-03315-ER Document 54-3 Filed 05/27/20 Page 2 of 4

Volume I

Cesar Fernandez-Rodriguez

5/19/2020

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF NEW YORK

3 ----------------------------------------x

4 CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-

5 CHIMBO, SHARON HATCHER, JONATHAN MEDINA,

6 and JAMES WOODSON, individually and on

7 behalf of all others similarly situated,

8

Petitioners,

9

-against-

10 MARTI LICON-VITALE, in her official

11 capacity as Warden of the Metropolitan

12 Correctional Center,

13

Respondent.

14 ----------------------------------------x

15

Remote Deposition

16

May 19, 2020

17

8:37. A.M.

18

19

Remote Deposition of the Plaintiff,

20

CESAR FERNANDEZ-RODRIGUEZ

21

22

23

lipka.com, inc.

24

888.lipka.com

25

transcripts@lipka.com

Index No. 20 Civ. 3315 (ER)

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Case 1:20-cv-03315-ER Document 54-3 Filed 05/27/20 Page 3 of 4

Volume I

Cesar Fernandez-Rodriguez

5/19/2020

1 give you something.

2

Q. Okay, but have you ever asked somebody

3 for more soap?

4

A. No, because my cellmate in my cell, we

5 share everything.

6

Q. So do you have enough soap?

7

A. Yes, and right now I have a lot because

8 I bought it in commissary.

9

Q. Do you clean your cell?

10

A. Yes, now during those 50 minutes that

11 we're allowed out, we take showers every day.

12

Q. You probably didn't hear me or

13 understand it clearly. I meant your cell, like

14 where you live. Do you clean inside that?

15

A. As best as I can.

16

Q. Do you have cleaning supplies for you

17 to clean it?

18

A. No, ma'am. We're on lockdown. We have

19 access to nothing.

20

Q. What about in the hour that you're out?

21 Can you get any cleaning supplies yourself?

22

A. Yeah, but those 50 minutes are to take

23 a shower, call our families and cook some food;

24 with hot water I clean it.

25

Q. Do you clean yourself with hot water?

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Volume I

Cesar Fernandez-Rodriguez

5/19/2020

1

A. No, no. I said when I go out, I use

2 hot water to cook. 50 minutes goes by very

3 quickly; it's nothing.

4

Q. During those 50 minutes, can you get a

5 rag and spray some cleaning solution on it and

6 then get back to your cell and clean after the

7 50 minutes?

8

A. We don't have liquids to clean the

9 cell. We clean the cells as best as we can.

10

Q. Do you know you can get liquids from

11 the officer on 7?

12

MR. PARTELOW: Objection.

13

A. The people who work on the floor have

14 access to it.

15

Q. Are you aware that you yourself can get

16 cleaning supplies from the officer on 7?

17

MR. PARTELOW: Objection.

18

A. I don't work on the floor.

19

Q. Can you buy cleaning supplies in the

20 commissary?

21

A. I buy shampoo and soap.

22

Q. Anything else for cleaning?

23

A. And detergent to wash my clothes.

24

Q. Just the last question.

25

I've noticed you've been wearing a mask

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EXHIBIT 4

Case 1:20-cv-03315-ER Document 54-4 Filed 05/27/20 Page 2 of 7

Volume I

Rober Galvez-Chimbo

5/19/2020

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF NEW YORK

3 CIVIL ACTION NO. 1:20-civ-03315 (ER)

4 -------------------------------------------------x

5 CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO,

6 SHARON HATCHER, JONATHAN MEDINA, and JAMES

7 WOODSON, individually and on behalf of all others

8 similarly situated,

9

Petitioners,

10

v.

11 MARTI LICON-VITALE, in her official capacity as

12 Warden of the Metropolitan Correctional Center,

13

Respondent.

14 -------------------------------------------------x

15

Remote Deposition

16

May 19, 2020

17

11:40 a.m.

18

19

DEPOSITION VIA VIDEOCONFERENCE OF

20

ROBER GALVEZ-CHIMBO

21

22

23

lipka.com, inc.

24

(888) lipka-com

25

transcripts@lipka.com

Page 1

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Case 1:20-cv-03315-ER Document 54-4 Filed 05/27/20 Page 3 of 7

Volume I

Rober Galvez-Chimbo

5/19/2020

1 isolation on the same day?

2

A. Yes.

3

Q. And is your cellmate also feeling

4 better now?

5

A. You know, he is feeling better, but

6 the two of us talked and the one thing that

7 worried us the most was the complete loss of taste

8 and smell, but now that's starting to come back

9 for both of us and also my nose stopped bleeding.

10 Because my nose used to bleed a lot.

11

Q. When we started this deposition, you

12 were wearing a mask; is that right?

13

A. Yes.

14

Q. What kind of mask is it? Is it a

15 surgical mask or a cloth mask?

16

A. It's a surgical mask. I don't know

17 if you could see it.

18

Q. Yes, I can see it. Thank you.

19

Have you also been given a cloth

20 mask?

21

A. Yes, yes. It has been given to me.

22

Q. Did you get two cloth masks?

23

A. One. One. I have one.

24

Q. And is there a reason why you're

25 wearing the surgical mask and not the cloth mask?

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Volume I

Rober Galvez-Chimbo

5/19/2020

1

A. The reason is because when we were

2 downstairs in the isolation unit we were given a

3 few of these. So I'm just using them up, and then

4 later on, I'll start using the cloth one.

5

Q. And when do you wear your mask

6 during the day? Do you wear it when you're out of

7 the cell with the other inmates? Do you wear it

8 when you're inside your cell? At any other time?

9

A. Well, only when I go out for the 50

10 minutes, because inside the cell it's just the two

11 of us.

12

Q. Now, your lawyer submitted a paper

13 that said that you knew the names of two other MCC

14 inmates who you thought may have had COVID; is

15 that right? Are there two other inmates you know

16 of that you think may have had COVID?

17

A. That's correct, yes.

18

Q. What are their names?

19

A. Well, my bunkie, who is Mauricio

20 Hernandez. Antonio Steven.

21

THE INTERPRETER: He is saying

22

Antonio Steve.

23

Antonio, A-N-T-O-N-I-O, Steven,

24

S-T-E-V-E-N, Zapata Castro. Z-A-P-A-T-A,

25

and Castro is C-A-S-T-R-O.

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Volume I

Rober Galvez-Chimbo

5/19/2020

1

Q. During that time period, have you

2 been receiving cleaning supplies to clean your

3 cell?

4

A. No.

5

Q. Is any cleaning done on your cell?

6

A. No, nothing. We do.

7

Q. How do you clean your cells?

8

A. Well, every two weeks we get for

9 ourselves a little bottle of shampoo which is

10 about 300 or 400 milligrams. So we dilute that

11 with water, and that's how we clean the cell. Or

12 the shampoo that we buy for ourselves in

13 commissary, we dilute it with water and that's how

14 we clean the cells.

15

Q. Are you given any cleaning supplies

16 besides the little bottles of shampoo?

17

A. No.

18

MR. RUFFINO: I don't have any

19

further questions. Thank you.

20

MR. BARNEA: I just have one quick

21

follow-up question.

22 EXAMINATION BY

23 MR. BARNEA:

24

Q. In your unit and in the common area

25 near where the guards sit, is there -- have you

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Volume I

Rober Galvez-Chimbo

5/19/2020

1 ever asked the guards, or is there any

2 availability of cleaning solution or rags that

3 people can use to clean their cells?

4

A. No.

5

Q. Have you ever asked the guards or

6 the orderlies in your unit if you can have

7 cleaning supplies for yourself?

8

A. Well, what I do is sometimes during

9 those 50 minutes that I'm allowed to go out,

10 there's like a little area next to the bubble

11 where the CO sits that has like a bucket with a

12 mop. And what I do is I take that bucket with the

13 mop, and I put my own shampoo in it with water,

14 and then I go and mop myself and that's how I

15 clean it as best as I can.

16

Q. Have you ever asked a guard or one

17 of the orderlies if you can borrow the spray

18 bottle and the cleaning rags to clean your cell

19 with those?

20

A. When you go and make a phone call,

21 there's like a spray. You know, I haven't asked

22 anyone directly, but when you go make phone calls,

23 there's some sort of like a spray there to

24 disinfect the phones. We all do the same thing.

25 We take that and, you know, you clean with your

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Rober Galvez-Chimbo

5/19/2020

1 own shampoo or whatever it is that you want to use

2 to clean.

3

MR. BARNEA: All right. Thank you.

4

That's all the questions I have.

5

MR. RUFFINO: Nothing further for

6

me.

7

MR. BARNEA: I think this is the end

8

of this deposition. Thank you very much

9

for taking the time to speak with us this

10

morning, and I think that's the end of the

11

deposition.

12

(Time noted: 12:41 p.m.)

13

14

15

16

17

18

19

20

21

22

23

24

25

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EXHIBIT 5

Case 1:20-cv-03315-ER Document 54-5 Filed 05/27/20 Page 2 of 7

Volume I

Sharon Hatcher

5/19/2020

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF NEW YORK

3 CIVIL ACTION NO. 1:20-civ-03315 (ER)

4 -------------------------------------------------x

5 CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO,

6 SHARON HATCHER, JONATHAN MEDINA, and JAMES

7 WOODSON, individually and on behalf of all others

8 similarly situated,

9

Petitioners,

10

v.

11 MARTI LICON-VITALE, in her official capacity as

12 Warden of the Metropolitan Correctional Center,

13

Respondent.

14 -------------------------------------------------x

15

Remote Deposition

16

May 19, 2020

17

9:06 a.m.

18

19

20

DEPOSITION VIA VIDEOCONFERENCE OF

21

SHARON HATCHER

22

23

lipka.com, inc.

24

(888) lipka-com

25

transcripts@lipka.com

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Volume I

Sharon Hatcher

5/19/2020

1

Q. Okay. What medical things would you

2 like to see happen better?

3

A. Like they pay more attention to us,

4 you know. We don't get that.

5

Q. So why don't we take a quick look at

6 Exhibit 1, your declaration. Now, is this a

7 document that you reviewed before you signed?

8

A. Yes.

9

Q. Well, I guess you didn't sign it

10 yourself because it's hard to sign papers when

11 we're all on videos. But did you read this

12 document before it was signed on your behalf?

13

A. Yes, I did.

14

Q. And are the statements in this

15 document, are those the complaints that you have

16 regarding the MCC in this lawsuit?

17

A. Yes, I do.

18

MR. SPRAGUE: Objection to form.

19

Q. Do you have any complaints about

20 what happened at MCC that are not contained in

21 this document?

22

A. No, I don't believe so.

23

Q. So why don't we go over some of

24 these and I'll make sure I understand what your

25 complaints are and that will help us get a better

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Volume I

Sharon Hatcher

5/19/2020

1 the doctor?

2

A. We tell the officer.

3

Q. Is there also an option that there's

4 a request in writing to see medical? Are you

5 familiar with that?

6

A. You can copy that on a computer.

7 You can write those computer requests in.

8

Q. But which option do you use when you

9 want to see the doctor?

10

A. I usually just go to the officer and

11 tell him.

12

Q. And when you ask to see a doctor,

13 how do you hear back in terms of when your

14 appointment has been scheduled?

15

A. They just say to come in. Sometimes

16 they come, sometimes they don't. It's when they

17 want to, when they move. It's just medical is not

18 very good here, you know. It's like you have to

19 keep going back to the officer and ask him, could

20 you please tell him to come, come, come. And they

21 answer, "They're busy right now, they'll get to it

22 as soon as they can." Like that.

23

Q. During the quarantine, was there

24 someone from medical who visited the units every

25 day?

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Volume I

Sharon Hatcher

5/19/2020

1

Q. And do they still come around

2 sometimes and check your temperature and ask you

3 how you're feeling?

4

A. Not now. No.

5

Q. They don't come once a week to do

6 that?

7

A. No, not anymore.

8

Q. When is the last time someone came

9 and took your temperature?

10

A. Well, usually when they do med

11 line -- when they do med line, when they come and

12 give out the medicines, I'll ask them, "Could you

13 take my temperature" and stuff like that, which

14 they do, but I haven't seen them take nobody's

15 temperature.

16

Q. When they do med line? What is "med

17 line"?

18

A. When they give medications, like

19 they give medications at night. It's called pill

20 line.

21

Q. How often does that happen?

22

A. They come morning and they come at

23 night.

24

Q. So twice a day someone comes from

25 the medical department to hand out the pills to

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Volume I

Sharon Hatcher

5/19/2020

1

A. Right.

2

MR. BARNEA: I actually think that

3

I'm done so unless there's any further

4

questions from petitioners, I think we can

5

wrap this up. Mr. Sprague?

6

MR. SPRAGUE: I have just a few

7

questions.

8 EXAMINATION BY

9 MR. SPRAGUE:

10

Q. Ms. Hatcher, when you were talking

11 about the temperature check, did they ask you

12 about any other COVID-19 symptoms other than

13 fever?

14

A. That's all they checked was for the

15 fever.

16

Q. And, Ms. Hatcher, is there a sign in

17 your unit that said that you can request cleaning

18 supplies and additional toilet issue from the unit

19 manager?

20

A. Yes.

21

Q. When did that sign go up?

22

A. Friday.

23

Q. Friday, so that was shortly before

24 the inspection of the facility?

25

A. Yes.

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Volume I

Sharon Hatcher

5/19/2020

1

Q. And, Ms. Hatcher, had inmates been

2 asking unit managers for more soap or toilet

3 tissue or cleaning supplies?

4

A. Yes.

5

Q. From what you've seen, what has the

6 response been to those requests?

7

A. We're supposed to get it every

8 Friday. They provide me with two bars of soap,

9 but this is what they give us. Two, every week.

10 Sometimes we don't get it so -- and this -- it

11 doesn't last. So if they is in a good mood, they

12 get it. If they're not in a good mood, they don't

13 get it. So I don't know.

14

Q. And, Ms. Hatcher, in your

15 experience, how responsive is the MCC to requests

16 for medical attention?

17

A. Not good. They put you on hold.

18 Like when the officer calls, they said, "We're

19 busy right now, we will get there as soon as we

20 can."

21

MR. SPRAGUE: Okay. Give me one

22

second just to check my notes but I think

23

that might be it.

24

Okay. I think we're good.

25

MR. BARNEA: Great. Thank you very

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EXHIBIT 6

Case 1:20-cv-03315-ER Document 54-6 Filed 05/27/20 Page 2 of 13

Volume I

Robert Hazlewood

5/22/2020

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF NEW YORK

3 CIVIL ACTION NO. 1:20-civ-03315 (ER)

4 -------------------------------------------------x

5 CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO,

6 SHARON HATCHER, JONATHAN MEDINA, and JAMES

7 WOODSON, individually and on behalf of all others

8 similarly situated,

9

Petitioners,

10

v.

11 MARTI LICON-VITALE, in her official capacity as

12 Warden of the Metropolitan Correctional Center,

13

Respondent.

14 -------------------------------------------------x

15

Remote Deposition

16

May 22, 2020

17

10:54 a.m.

18

19

DEPOSITION VIA VIDEOCONFERENCE OF

20

ROBERT HAZLEWOOD

21

22

23

lipka.com, inc.

24

(888) lipka-com

25

transcripts@lipka.com 0002

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Case 1:20-cv-03315-ER Document 54-6 Filed 05/27/20 Page 3 of 13

Volume I

Robert Hazlewood

5/22/2020

1

Q. Mr. Hazlewood, if an inmate fell ill

2 with COVID-19 symptoms at the MCC, what could they

3 do to report it?

4

A. Tell any staff member.

5

Q. Could they do it by paper or what is

6 referred to as cop-out, I understand?

7

A. They could.

8

Q. Do you know if any medical request

9 cop-outs were received while you were acting

10 warden?

11

A. I don't specifically recall that.

12

Q. Do you know whether those medical

13 cop-outs would have been retained?

14

A. Ordinarily a medical cop-out would

15 be responded to if it's in paper and returned to

16 the inmate. If it was done electronically via

17 e-mail, then there would be a record of it there.

18

Q. Are you aware that medical cop-outs

19 at the MCC were being shredded until earlier this

20 month?

21

MR. OESTERICHER: Objection.

22

A. No, I'm not aware of that.

23

Q. This is your first time hearing

24 about that?

25

A. Yes.

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Robert Hazlewood

5/22/2020

1 leave while you were acting warden?

2

A. Not to my knowledge.

3

Q. Approximately how many inmates had

4 COVID-19 symptoms while you were the acting

5 warden?

6

MR. OESTERICHER: Objection.

7

A. I don't recall the exact number. I

8 believe that by the time I left, the number of

9 symptomatic inmates had dropped to nine total.

10

Q. From a high of what?

11

A. I can't be sure of the number, but I

12 believe it was 19, a high of 19 when I arrived,

13 and it dropped to approximately nine by the time I

14 departed.

15

Q. And what is your basis for those

16 numbers?

17

A. The number of inmates that were

18 housed in Unit 3, which was our isolation unit.

19

Q. We talked about positive inmates and

20 contact tracing. Was there any contact tracing

21 with respect to symptomatic inmates who had not

22 tested positive?

23

A. I don't recall.

24

Q. So you are not aware of any such

25 contact tracing?

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Robert Hazlewood

5/22/2020

1

MR. OESTERICHER: Objection.

2

A. It may have been happening, but I

3 cannot say for sure if that was happening.

4

Q. So as the acting warden of the

5 facility, you didn't know one way or the other?

6

A. I can't say with certainty now

7 whether there was contact tracing done for

8 symptomatic inmates that weren't verified with a

9 test.

10

Q. Did the MCC alert staff who had come

11 into close contact with a symptomatic inmate?

12

A. Yes. It was reported to me that the

13 contact tracing that was done -- excuse me, repeat

14 that question again.

15

Q. If you had an inmate who had not

16 tested positive but was otherwise symptomatic and

17 they had come into close contact with staff, would

18 you alert the staff to that fact?

19

A. I don't recall specifically if that

20 was done.

21

Q. When you arrived at the facility,

22 Warden, 12 staff had already tested positive; is

23 that correct?

24

A. I believe that was the number, yes.

25

Q. And by the time you returned to FCI

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Robert Hazlewood

5/22/2020

1 symptomatic inmates should be immediately

2 isolated?

3

A. Yes. That's what we did.

4

Q. That's what you did. The MCC

5 followed that guidance?

6

A. So when inmates were identified as

7 symptomatic, they were isolated and they remained

8 in isolation, to my recollection, up to 14 days

9 post resolution of symptoms.

10

Q. But they were not tested before they

11 reentered their unit?

12

MR. OESTERICHER: Objection.

13

A. Not during my time there.

14

Q. Were any inmates isolated during

15 your time as acting warden?

16

A. Yes.

17

Q. Were any inmates isolated in

18 solitary confinement or the special housing unit?

19

A. Yes.

20

Q. Is solitary confinement normally

21 used for punishment?

22

MR. OESTERICHER: Objection.

23

A. It can be.

24

Q. Do you think the prospect of being

25 placed in solitary confinement or the SHU would

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Robert Hazlewood

5/22/2020

1

Q. Right. So my question was, while

2 you were acting warden, you did not have the list

3 of the inmates who had been deemed vulnerable to

4 COVID-19?

5

MR. OESTERICHER: Objection.

6

A. I don't recall seeing that list.

7

Q. Were there any special measures

8 taken to protect these vulnerable inmates?

9

A. It's my recollection that the

10 inmates were housed in a unit together. I believe

11 it was 11 South.

12

Q. Your understanding is that the

13 vulnerable inmates were placed in 11 South?

14

A. That's my recollection, prior to my

15 arrival.

16

Q. That's before you became warden?

17

A. Yes.

18

Q. Do you know if everyone on the list

19 that you haven't seen was placed in 11 South?

20

MR. OESTERICHER: Objection.

21

A. Since that was done prior to my

22 arrival, I can't answer that.

23

Q. By the time you arrived at the MCC,

24 had the Bureau of Prisons issued any guidance on

25 home confinement in light of COVID-19?

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Robert Hazlewood

5/22/2020

1

A. Yes.

2

Q. How about the Attorney General of

3 the United States?

4

A. Yes.

5

Q. Did you understand that home

6 confinement guidance to apply to the MCC?

7

A. Yes.

8

Q. Did you understand that guidance to

9 be recommending immediate and increased use of

10 home confinement?

11

A. For eligible inmates meeting the

12 criteria, yes.

13

Q. And prioritizing those that were at

14 high risk?

15

A. Among other considerations, yes.

16

Q. Did that guidance say that it should

17 be implemented as quickly as possible?

18

MR. OESTERICHER: Objection.

19

A. Yes.

20

Q. Are you familiar with the Attorney

21 General's April 3rd memo on this subject?

22

A. Yes.

23

Q. Did that memo expand the population

24 of inmates eligible for home confinement?

25

A. Yes.

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Robert Hazlewood

5/22/2020

1

A. That's right. This e-mail was sent

2 while I was still TDY there. There's no date that

3 I can see on this e-mail or memo but it was sent

4 while I was still there.

5

Q. I agree there is no date. That's

6 how it was produced to us unfortunately. You do

7 agree that the policy did not go into effect until

8 April 26th, 2020; is that right?

9

MR. OESTERICHER: Objection.

10

A. There were reviews being done prior

11 to this -- prior to the unit staff being returned

12 to their normal duties. As I said, there were

13 already unit staff that had been returned to their

14 normal duties prior to April 26th. This was

15 notification that all remaining staff were going

16 to be returned to their normal duties.

17

Q. And that was going to take effect on

18 April 26th, is that correct, all units being

19 returned to their normal duties?

20

A. All those that had not already done

21 so.

22

Q. And how many had been already

23 returned to their normal duties?

24

A. I believe it was probably seven or

25 eight.

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Robert Hazlewood

5/22/2020

1

Q. Out of how many?

2

A. I believe the total was 15.

3

MR. SPRAGUE: I'd like to mark this

4

next Exhibit as 11. It can be found in the

5

zip drive I sent you.

6

THE WITNESS: I see it.

7

(Petitioner's Exhibit 11, document

8

titled North East Region COVID-19 Reporting

9

Date, marked for identification.)

10

Q. Do you recognize this document?

11

A. Yes.

12

Q. What is it?

13

A. It's a report from the human

14 resources department to the emergency operation

15 center in the northeast which describes our

16 staffing, and it was sent daily.

17

Q. What does "Staff on TDY status,"

18 represent under NYM 35?

19

A. Those are staff that are on loan so

20 to speak from other bureau facilities to assist at

21 New York while on temporary duty.

22

Q. So there were 35 staff members at

23 the MCC on temporary duty. Do I understand

24 correctly?

25

A. That sounds right.

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Robert Hazlewood

5/22/2020

1 institution, and in particular, the unit staff.

2

Q. Were you concerned that having unit

3 staff dedicated towards custody would impede your

4 ability to implement the Attorney General's

5 guidance?

6

A. Yes, and that's why I set that in

7 motion, and it's important to also understand that

8 there was another effort underway at MCC to ensure

9 that inmates were receiving legal calls and court

10 conference calls, so I also needed staff for that

11 effort as well.

12

Q. How many release recommendations

13 were sent to you for your review during your time

14 as acting warden?

15

A. I don't recall.

16

Q. Do you recall any?

17

A. I do recall some. I don't recall

18 the number.

19

Q. How many home confinement

20 recommendations did you send to the to BOP's

21 Regional Office For Residential Reentry Management

22 while you were the acting warden of the MCC?

23

A. For approval?

24

Q. Yes.

25

A. I don't recall sending any for

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Robert Hazlewood

5/22/2020

1 approval.

2

Q. So from April 9th to April 24th, no

3 home confinement recommendations were sent to the

4 regional RRM?

5

A. Not that I recall.

6

Q. How many people were released to

7 home confinement during your time as acting warden

8 at the MCC?

9

A. I don't recall that number.

10

Q. Do you recall anyone being released

11 on a home confinement while you were the acting

12 warden at the MCC?

13

A. I don't recall.

14

Q. So no?

15

A. I'm sorry?

16

MR. OESTERICHER: Objection.

17

Q. You do not recall anyone being

18 released to home confinement while you were the

19 acting warden of the MCC?

20

MR. OESTERICHER: Objection.

21

A. I don't recall.

22

Q. You don't recall if any were or you

23 can't recall whether they were or not? I'm just

24 trying --

25

A. I don't recall whether they were or

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Robert Hazlewood

5/22/2020

1 compassionate release could be sent to a court

2 without written approval of the warden; is that

3 correct?

4

A. Right, that's right.

5

Q. Did you review any requests for a

6 compassionate release during your time as acting

7 warden?

8

A. I don't recall any.

9

Q. During your time as acting warden,

10 did you recommend any people for compassionate

11 release?

12

A. I do not recall doing so.

13

Q. During your time as the acting

14 warden of the MCC, did the MCC have a policy on

15 furloughs?

16

A. Only that which was in place already

17 for the Bureau of Prisons. It was a set of

18 criteria and policy that's utilized. There was

19 also the memo that came out in April which talked

20 about some additional considerations for

21 furloughs.

22

Q. Was the furlough policy amended in

23 any way to account for the COVID-19 pandemic?

24

MR. OESTERICHER: Objection.

25

A. There was a memo that came out in

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EXHIBIT 7

Case 1:20-cv-03315-ER Document 54-7 Filed 05/27/20 Page 2 of 52

Volume I

Marti Licon-Vitale

5/21/2020

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF NEW YORK

3 CIVIL ACTION NO. 1:20-civ-03315 (ER)

4 -------------------------------------------------x

5 CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO,

6 SHARON HATCHER, JONATHAN MEDINA, and JAMES

7 WOODSON, individually and on behalf of all others

8 similarly situated,

9

Petitioners,

10

v.

11 MARTI LICON-VITALE, in her official capacity as

12 Warden of the Metropolitan Correctional Center,

13

Respondent.

14 -------------------------------------------------x

15

Remote Deposition

16

May 32, 2020

17

10:09 a.m.

18

19

DEPOSITION VIA VIDEOCONFERENCE OF

20

MARTI LICON-VITALE

21

22

23

lipka.com, inc.

24

(888) lipka-com

25

transcripts@lipka.com

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Volume I

Marti Licon-Vitale

5/21/2020

1 hadn't had any visitation, legal or social, for --

2 probably since February 28th.

3

Q. And was that other issue the

4 incident involving a correctional officer who

5 reportedly brought a loaded gun into the facility?

6

MR. OESTERICHER: Objection.

7

A. It was involving the possibility of

8 an introduction of contraband.

9

Q. Was it a loaded gun?

10

A. Yes, it was a loaded gun.

11

Q. In addition to that, had anything

12 been done as of March 1st to plan for COVID-19?

13

MR. OESTERICHER: Objection.

14

A. Not that I'm aware of.

15

Q. Let's move forward to approximately

16 the middle of March, again of this year. At that

17 time had the MCC done anything to prepare for

18 dealing with COVID-19?

19

A. We had begun the enhanced screening

20 at our staff entrance sites.

21

Q. Anything else?

22

A. I believe we had already begun

23 passing out PPE --

24

Q. Okay.

25

A. -- to our staff.

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Marti Licon-Vitale

5/21/2020

1

Q. Meaning the nine who were in the

2 cell with the person from the MDC?

3

A. Correct.

4

Q. Other than those nine, were any

5 inmates at the MCC being screened prior to on or

6 about March 23rd when you had your first positive

7 COVID-19 inmate?

8

A. Prior to, no.

9

Q. And the staff were given PPE, as of

10 the middle of March staff were given PPE. Was

11 that all staff?

12

A. That was staff who were working in

13 areas that had inmates who were quarantined or

14 were isolated.

15

Q. As of the middle of March, was there

16 any testing protocol in place at that time?

17

A. There was no testing protocol in

18 place at the institution. When an inmate had

19 symptoms, we would take them out to the hospital

20 to be tested there.

21

Q. As of the middle of March, did the

22 MCC have any testing equipment within the

23 facility?

24

A. I don't believe we had any tests

25 available.

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Volume I

Marti Licon-Vitale

5/21/2020

1 I don't know a specific date.

2

Q. What location in the facility?

3

A. There's a unit on the 3rd floor that

4 was available.

5

Q. What unit?

6

A. Unit C. I think we call it Unit C

7 on the 3rd floor.

8

Q. As of the middle of March, did the

9 MCC know where it was going to place inmates who

10 were symptomatic for COVID-19 but had not yet

11 tested positive?

12

A. I can't say that we knew at that

13 date where we were going to place them.

14

Q. Was there ever consideration given

15 to transferring inmates from the MCC to another

16 facility as a response to COVID-19? And what I'm

17 focusing on at the moment is March.

18

MR. OESTERICHER: Objection. Asked

19

and answered.

20

THE WITNESS: I can't answer or can?

21

MR. OESTERICHER: Can.

22

A. We were making an attempt to move

23 inmates but then as, you know, as the COVID

24 direction kept moving forward because it was very

25 fluid, we stopped the attempt to move inmates to

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1 consideration inmates who had high blood pressure.

2

Q. Any other reasons why it went from

3 23 to whatever higher number was arrived at?

4

A. I think diabetes was another

5 criteria that we had not necessarily taken into

6 account.

7

Q. Any others other than those two?

8

A. Not that I remember.

9

Q. So rolling forward a little bit,

10 going back to that March 20th conference hosted by

11 Chief Judge McMahon, do you know as of that time

12 approximately how many masks the MCC had?

13

A. No, I don't remember.

14

Q. Did you tell Chief Judge McMahon

15 during that conference that the MCC had a total of

16 130 masks?

17

A. 130 sounds familiar for the N-95.

18

Q. Did you tell Chief Judge McMahon

19 during that conference that the MCC at that time,

20 March 20th, had 30 N-95's and 100 surgical masks

21 for a total of 130? Did you tell her that in

22 substance?

23

A. I may have. I don't remember.

24

Q. Do you have any reason to dispute

25 that?

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1

MR. OESTERICHER: Objection.

2

A. No.

3

Q. Did you tell Chief Judge McMahon at

4 that conference that the use of gloves by staff

5 was optional?

6

A. Yes.

7

Q. Did you tell Chief Judge McMahon at

8 that conference that the MCC was not screening

9 inmates for COVID-19 symptoms other than new

10 arrivals to the facility? Did you tell her that

11 in substance?

12

A. I may have, yes.

13

Q. Any reason to dispute that?

14

MR. OESTERICHER: Objection.

15

A. No.

16

Q. Can you tell me what the MCC did to

17 acquire testing equipment or supplies? In other

18 words, who did what, when, to get testing

19 equipment?

20

A. At any point do you mean?

21

Q. Yes. Well, let me do it this way.

22 We've been told in response to our interrogatory

23 requests in this case that the first test kits

24 were ordered by the MCC on April 10th. Do you

25 agree with that?

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1

A. No.

2

Q. When does the MCC plan to start

3 using the Abbott test machine?

4

A. We've already started.

5

Q. When?

6

A. Two days ago.

7

Q. How many people have been tested so

8 far?

9

A. We've tested one inmate who came

10 into the institution.

11

Q. Anybody else?

12

A. No.

13

Q. Just so I have this, four an hour,

14 results in how many a day?

15

A. 15 -- for four an hour, you get

16 results in 15 minutes.

17

Q. So how many people a day could you

18 test if you chose to use the machine to maximum

19 capacity?

20

A. I guess four an hour all day long.

21

Q. I guess what I'm saying, Warden, is

22 how many hours do you have staff that could

23 administer the test to inmates?

24

A. So we have medical staff available

25 beginning at 6:00 a.m. and I think they're here

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1 there were 786 inmates at the MCC.

2

A. Okay.

3

Q. Is it fair to say that if you take

4 that number and add on new arrivals, you're

5 somewhere in the neighborhood of 800 inmates who

6 have been at the facility since March 1st?

7

A. Yes.

8

Q. So less than 1 percent of the MCC

9 inmate population since March 1st have tested

10 positive; correct?

11

A. Correct.

12

Q. And do you have an explanation for

13 the difference in the two percentages we've just

14 identified, over 20 percent positives for staff,

15 less than 1 percent positives for inmates?

16

MR. OESTERICHER: Objection.

17

A. Testing was not available.

18

Q. And do you know how many inmates in

19 total were tested or have been tested?

20

A. I think 11.

21

Q. Your letter to Chief Judge Mauskopf

22 from Tuesday says 10. Would you accept that?

23

A. Well, I guess I'm --

24

Q. I'm sorry, I apologize. Finish.

25

A. At one point we did have an

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1 additional inmate that we tested with the Abbott

2 machine.

3

Q. In the last two days?

4

A. Yes.

5

Q. So five out of 11, so that's close

6 to 50 percent of the inmate population that has

7 been tested have tested positive; correct?

8

A. Okay, yes.

9

Q. Do you have any estimate of how many

10 inmates would have tested positive for COVID-19

11 had they all been tested? Do you have any

12 estimate of that?

13

MR. OESTERICHER: Objection.

14

A. I do not.

15

Q. Have you discussed that with anybody

16 at the MCC since the beginning of March, meaning

17 "I wonder how many inmates we would have positive

18 if we tested them all"? Has that been discussed

19 in sum or substance with anybody at the MCC?

20

MR. OESTERICHER: Objection to the

21

extent --

22

A. No.

23

MR. OESTERICHER: She answered no

24

but to the extent you were consulting

25

lawyers, that's objectionable.

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1

Q. Do you agree with the general

2 proposition that the more people you test, the

3 more positive results you're going to get? Do

4 you?

5

A. Yes.

6

MR. VINEGRAD: That was a serious

7

question for reasons that, Jeff, you're

8

probably aware of.

9

Q. The screening of inmates, as of

10 March -- in March, what was done to screen inmates

11 for COVID-19?

12

A. In reference to once an inmate has

13 symptoms?

14

Q. In other words, let me do this. If

15 an inmate was screened -- we talked before about

16 the classes of inmates who were screened.

17

I'm now asking a different question.

18 I'm talking about the screening process, itself.

19 Are you with me?

20

A. Okay. The medical staff.

21

Q. Yes. What did the screening consist

22 of?

23

A. Okay. The screening consisted of

24 taking the inmates' temperature and asking them

25 the same questions that we were asking the staff

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1

A. I can't tell you -- my assumption

2 would be that the correctional officer collects

3 the cop-outs. Once medical comes, they would hand

4 them to the medical staff at that point.

5

Q. Are they retained?

6

A. I don't know.

7

Q. Are you aware that the medical

8 cop-outs were being shredded until earlier this

9 month?

10

MR. OESTERICHER: Objection.

11

A. No.

12

Q. Is this the first you're hearing

13 that?

14

A. It's the first I hear that it's

15 happening here.

16

Q. Here, MCC, until early May. Is this

17 the first time you're hearing that?

18

A. Yes, it is.

19

Q. Do you know why that was happening?

20

MR. OESTERICHER: Objection.

21

A. I am not aware that we were doing

22 medical cop-outs on paper. Our medical cop-outs

23 are electronic, and those can't be shredded.

24

Q. This lawsuit was brought on April

25 28th. Does that sound right?

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1

A. I don't know.

2

Q. Would you agree with me that that is

3 not the appropriate lapse of time for somebody who

4 reports, "I need medical help. I'm suffering from

5 these symptoms, these are COVID-19 symptoms," and

6 a response two weeks later? Would you agree with

7 me that that is not appropriate?

8

A. I would agree.

9

Q. As far as you know, how long is it

10 after an inmate is determined to have COVID-19

11 symptoms that they're isolated? How long after

12 it's first determined that they have those

13 symptoms are they isolated?

14

A. They're isolated immediately.

15

Q. Do you have any explanation for the

16 accounts of inmates who have waited for one to two

17 weeks in between the time they recorded having

18 COVID-19 symptoms and the time that they were

19 isolated?

20

Do you have any explanation for that?

21

MR. OESTERICHER: Objection.

22

A. No.

23

Q. Do you agree that that is not an

24 appropriate passage of time?

25

A. That is not an appropriate passage

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1 of time, I agree.

2

Q. Is there any effort to track the

3 medical condition of inmates who are symptomatic

4 for COVID-19 at any point after they're first

5 treated?

6

MR. OESTERICHER: Objection.

7

Q. Do they get follow-on treatment?

8

A. Can you repeat the beginning of that

9 question?

10

Q. I'll repeat the whole question.

11

After an inmate who is symptomatic

12 for COVID-19 is determined to have recovered, is

13 there any follow-on checking or treatment to see

14 if they are, in fact, now healthy?

15

A. I don't know.

16

Q. Why was the SHU used to isolate

17 inmates who were determined to have COVID-19?

18

A. Initially because it was the easiest

19 place to make an entire range available so that we

20 would only be placing symptomatic inmates in

21 there, which was for approximately one week.

22

Q. And it was one week what, that the

23 SHU was used?

24

A. Correct.

25

Q. And the SHU, just for the record, I

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1 know you know this, that is the place which

2 typically is used for disciplinary reasons,

3 correct, for inmates?

4

A. It's the special housing units. We

5 place disciplinary inmates in there and we also

6 place inmates who are pending discipline or are

7 being protected.

8

Q. For the first two of those three

9 categories, though, basically if an inmate does

10 something bad or is being investigated for doing

11 something bad, they go to the SHU; right?

12

A. Yes, or are being investigated for

13 possibly needing protection.

14

Q. Is it fair to say that the

15 conditions for the inmates in the SHU are not as

16 favorable as conditions in an ordinary cell in the

17 facility?

18

A. That is true.

19

Q. Was there any effort made to explain

20 to inmates at the MCC that if they were going to

21 be sent to the SHU because of COVID-19, that it

22 was for their own health and safety and should not

23 be viewed as a form of punishment?

24

MR. OESTERICHER: Objection.

25

A. Yes.

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1

Q. How do you know that?

2

A. Because they should have been

3 proceeded with a detention order indicating on the

4 detention order why they were being placed in the

5 housing unit.

6

Q. And do you know if that, in fact,

7 happened?

8

A. I don't know if, in fact, it

9 happened. It is our procedure.

10

Q. Do you know what, in fact,

11 correction officers were telling inmates who were

12 symptomatic for COVID-19 about going to the SHU?

13 Do you know what was actually happening with that?

14

A. No. I wasn't there.

15

Q. Was there any effort made to improve

16 the conditions in the SHU for the inmates who were

17 sent there because of COVID-19?

18

A. No.

19

Q. Do you agree that that would have

20 been appropriate to do for those inmates, these

21 non-disciplinary inmates who were sent there for

22 medical reasons?

23

A. Well, they were celled alone which

24 is an improvement from having to share a cell.

25 For the most part, if they were isolated, it was a

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1 when, I can't tell you who.

2

Q. Or why?

3

A. Or why.

4

Q. The inmates who have COVID-19 risk

5 factors, you understand what that means?

6

A. I'm assuming that that means

7 individuals who have already have high-risk

8 factors to begin with.

9

Q. Right.

10

A. Okay.

11

Q. You know what those are as

12 pronounced by the CDC, are you generally familiar?

13

A. I think I'm familiar.

14

Q. That group of inmates, were they

15 quarantined?

16

MR. OESTERICHER: Objection.

17

A. They weren't -- the group was moved

18 to 11 South for the most part prior to the COVID.

19 They were quarantined, yes, in 11 South, yes.

20

Q. And then at some point, it was

21 determined that there were one or more inmates

22 from 11 South who actually tested positive for

23 COVID-19; am I right?

24

A. Yes.

25

Q. Did the remaining inmates on 11

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1 South remain in that unit?

2

A. Yes.

3

Q. Are you familiar with the general

4 COVID-19 protocol for social distancing?

5

A. Yes.

6

Q. Are there locations within the MCC

7 in which inmates are not able to practice social

8 distancing?

9

A. Because of the six-foot rule do you

10 mean?

11

Q. Yes.

12

A. 11 South can be difficult. That's

13 why they're provided with masks and informed to

14 wash their hands continually.

15

Q. And when were they first provided

16 with masks, approximately when?

17

A. Maybe March -- the week of March --

18 the end of March I guess.

19

Q. And what type of masks were they

20 provided at that time?

21

A. Surgical masks.

22

Q. And how many?

23

A. At the time I don't know if it was

24 one or two.

25

Q. Were they paper masks?

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1

A. They were surgical masks.

2

Q. Were they able to be washed and

3 reused?

4

A. Those could not be washed, no.

5

Q. When was the first time that inmates

6 were given masks that could be washed and reused?

7

A. I can't give you a specific date. I

8 think it was prior to me going out. It was prior

9 to me going out. I can't give you a date but it

10 was prior to April 5th.

11

Q. About how long before you went out

12 did that happen?

13

A. I don't recall.

14

Q. What are the other open dorm

15 areas in the facility other than 11 South?

16

A. Only 11 South.

17

Q. The only one?

18

A. Yes.

19

Q. As of the time that you went out,

20 early April, how much soap were inmates given?

21

A. Inmates are either able to purchase

22 their soap or they're provided with soap. I don't

23 know how often.

24

Q. How much soap and how often were

25 they provided it before you went out? Do you

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1 aware.

2

Q. Are you aware of reports by inmates

3 who have stated that they have seen MCC staff not

4 wearing PPE?

5

A. Say that again.

6

Q. Are you aware of reports of inmates

7 who have stated that they have seen MCC staff not

8 wearing PPE?

9

A. I'm not aware of inmates stating

10 that.

11

Q. Are you aware of anybody stating

12 that?

13

A. I know that when I walk around, if

14 someone is maybe not wearing a mask or they have

15 it down or they have it up here, I always tell

16 them that "You need to properly wear your mask."

17 They're uncomfortable, it's hard to breathe and if

18 I just happened to come at the wrong time where

19 maybe they're just trying to catch some air, I

20 have to remind them. It doesn't happen often.

21 It's been on maybe one or two occasions.

22

Q. Beyond that, have you heard from

23 anybody that inmates have stated that they have

24 seen staff not wearing PPE?

25

A. No.

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1

MR. OESTERICHER: Objection.

2

A. Sure.

3

Q. It makes a difficult experience all

4 that much more difficult and inhumane; fair?

5

MR. OESTERICHER: Objection.

6

A. I guess it's bi-fold in that it is

7 fair to say that. However, if inmates followed

8 the rules and threw their food away once they're

9 done with their meal, that would prevent the, I

10 guess, the number of vermin that we have.

11

Q. It would prevent it?

12

A. Prevent it -- it would definitely --

13 it would reduce it. We now have a building next

14 door that is empty, has no food in it. It's dark.

15 I walked in simply because it's our building and I

16 needed to see it. There aren't any rats in there.

17 There's no food.

18

Q. How is it that you're saying that

19 it's inmates who leave food as opposed to anything

20 else that could be happening to contribute to the

21 prevalence of vermin in the jail?

22

A. Because that's what I see.

23

Q. What do you do when you see that?

24

A. I pretty much -- I walk around with

25 a trash bag. I walk around with a trash bag. I

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1

disclose any confidential communications

2

with your attorney.

3

Q. I'm asking for your position,

4 Warden. Did you support that request or oppose

5 that request?

6

MR. OESTERICHER: Objection.

7

A. Ask me the question again.

8

Q. Did you support the petitioners'

9 request in this case to be able to have

10 representatives of theirs inspect the MCC?

11

MR. OESTERICHER: The same

12

objection.

13

A. I opposed it.

14

Q. Why?

15

A. Because it would take time away from

16 the staff that have other duties, to walk staff

17 around.

18

Q. Once you learned that the Court had

19 ordered the inspection, what, if any, steps did

20 you take as a result?

21

A. Actually, we didn't take any

22 additional steps because, as I mentioned earlier,

23 we had already had the cleaning company come in.

24 They had already started working on cleaning the

25 first floor.

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1

When we saw that they were doing a

2 great job, we started enlisting them to go to the

3 other floors to strip those floors down, wax them

4 down, and this all occurred prior to knowing of

5 any visitation.

6

So to say steps taken into place --

7 there were things that are just being done in

8 order to just increase the sanitation of this

9 institution because that's what it should be.

10 It's not because someone is coming over.

11

Q. Are there records that document when

12 the cleaning company came in and performed

13 cleaning services on the other floors, not the

14 first floor?

15

A. We do have a record because they --

16 we would have to inform our correctional services

17 staff that they would be here and that they would

18 be going to the different floors and to allow them

19 to go to the floors. So we do have documentation,

20 yes.

21 REQ

MR. VINEGRAD: Jeff, I request that

22

documentation.

23

MR. OESTERICHER: Put it in

24

writing.

25

Q. Were any steps taken within the

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1 facility to prepare for the inspection, once you

2 learned that the judge had ordered it, other than

3 what you just testified to?

4

A. Anytime someone is going to come to

5 the facility, we are going -- it's like someone

6 coming to your house. You're going to make sure

7 that, you know, your bed is made, you vacuumed the

8 floor and the dishes are in not in the machine.

9

So we didn't do anything different

10 with this visit than we would have if I knew that

11 my boss was coming or if my director was coming to

12 the institution.

13

Q. Was anything done relating to

14 COVID-19 in particular to prepare for the

15 inspection?

16

A. Not for the inspection, no.

17 Whatever we were doing for COVID, we were doing

18 for COVID and not for the inspection.

19

Q. Do you know if anybody else in the

20 facility took any steps with respect to the

21 condition of the facility, again, in response to

22 the fact that there was going to be a court

23 ordered inspection?

24

A. I became aware that there were

25 additional signs that were put up, but it wasn't

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1

A. Yes.

2

Q. When did the system go electronic?

3

A. I want to say sometime last year.

4

Q. Got it. So how, if at all, has the

5 time period for evaluating potential referrals for

6 home confinement changed at the MCC due to

7 COVID-19?

8

A. The system is electronic. That just

9 became a priority. There are other things that we

10 no longer have to do because we're not accepting

11 new inmates so we're not having to do all of the

12 orientation and initial classification and

13 providing clothes, and there's a lot of things

14 we're not doing now. So we're able to focus on

15 that and getting those halfway -- those home

16 confinement states requested. I can't tell --

17 give you a time frame of how long it takes. I

18 haven't really been here long enough to assess

19 that.

20

Q. Are you familiar with Attorney

21 General Barr's March 26th and April 3rd memoranda

22 on the topic of home confinement?

23

A. Yes.

24

Q. Are you aware that Attorney General

25 Barr declared that basically there was an

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1 emergency situation that justified the

2 prioritization of home confinement as a measure to

3 deal with COVID-19? Correct?

4

A. Yes.

5

Q. Are you aware that he directed all

6 the institutions within the Federal Bureau of

7 Prisons to focus on that task, meaning determining

8 that there were inmates at the facility who were

9 eligible for referral to home confinement, that

10 that was to be undertaken immediately? Are you

11 aware of that?

12

A. I am aware.

13

Q. And you're aware that he directed

14 that this be done and that time was of the

15 essence? Are you aware that he said that?

16

A. I am aware.

17

Q. And you're aware that he directed

18 that institutions prioritize all at-risk inmates,

19 meaning at risk for COVID-19, and not just inmates

20 who were previously eligible for home confinement?

21

A. Yes.

22

Q. And you're aware as well that the

23 Bureau of Prisons directed that it was imperative

24 to promptly review those inmates for potential

25 referral to home confinement?

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1

A. Yes.

2

Q. And are you aware that that

3 included, according to the Bureau of Prisons

4 directives, reviewing inmates for potential

5 referral to home confinement as a population

6 management strategy?

7

A. Yes.

8

Q. Meaning a way to get inmates out of

9 the facility; right?

10

A. Correct. Correct.

11

Q. A very different situation than had

12 been in place prior to that time with respect to

13 home confinement; correct?

14

A. Correct.

15

Q. These were big changes; correct?

16

A. Correct.

17

Q. And you were being directed by the

18 Attorney General of the United States to implement

19 them immediately; right?

20

MR. OESTERICHER: Objection.

21

A. Yes.

22

Q. So tell me as best as you know, what

23 exactly did the MCC do in response to Attorney

24 General Barr's and the Bureau of Prisons'

25 directives, the ones that you've just been

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1 testifying about for the last couple of minutes?

2 Tell me exactly what the MCC did, when they did it

3 and who did it.

4

A. We did not immediately start

5 referring inmates to home confinement because

6 while COVID was an emergency, we also had the

7 emergency of our staffing levels because staff

8 were going out on sick leave.

9

We had -- we had to -- our priority

10 was to ensure that our units were secured and we

11 had to place all staff on housing units in order

12 to assure the security of the institution and of

13 our community. So we did not instantly start

14 using our unit team to process home confinement.

15

I do believe that our CMC started

16 processing our home confinement, and that was not

17 right away either because he also was on the unit

18 and he was actually taken off to start doing that

19 procedure, and as we were able to get more staff

20 in, we were able to start taking the case managers

21 whose responsibility it is to make that

22 preparation to do that.

23

So we did not immediately start

24 preparing home confinement referrals.

25

Q. When did that process of preparing

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1 addressing COVID-19 other than what you've already

2 testified to?

3

A. No.

4

Q. Anything about the situation with

5 any of the home confinement referrals? Did you

6 discuss that with him?

7

A. I don't think so.

8

Q. So during the process of reviewing

9 inmates for referral to home confinement -- again,

10 I'm talking about since Attorney General Barr's

11 memos -- are there any considerations that

12 constitute what I'll call automatic disqualifiers,

13 things that automatically render an inmate

14 ineligible?

15

A. We've got to review every case

16 individually. I think, you know, automatically is

17 if it's somebody that is in for murder, I would

18 have to think about it twice before I'd let them

19 back out.

20

Q. Understood, but there's no automatic

21 if you got this particular feature, you can't be

22 sent for home confinement; is that your testimony?

23

A. It really depends because you could

24 have two inmates who are there for sexual

25 exploitation of a minor, and one of them is

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1 electronic and the other one is physical, so I

2 would be more apt to send the electronic person

3 home over the person who was physical.

4

Q. My question, to be real precise, is,

5 is there any particular factor, that that one

6 particular factor means that they cannot be

7 referred for home confinement?

8

MR. OESTERICHER: Objection.

9

A. Not anything that is coming to my

10 head. I have to look at the individual as a

11 whole.

12

Q. Right.

13

A. There's more factors than one that

14 we have to look at.

15

Q. Understood. I'm just asking if

16 there's any one factor or factors that are

17 automatic disqualifiers regardless of what else we

18 know about the inmate.

19

A. Probably severe violence.

20

Q. Any others?

21

A. Severe violence. Nothing else I

22 could think of.

23

Q. And do you know how many inmates

24 have been considered for potential referral for

25 home confinement at the MCC since Attorney General

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1 Barr's memo?

2

A. I don't have that number.

3

Q. So we've been told by your attorneys

4 in this lawsuit that as of last Friday, there were

5 117 inmates that had been considered. Does that

6 sound about right to you based on what you know

7 about that process?

8

MR. OESTERICHER: Objection.

9

A. I have no knowledge of how many had

10 been referred.

11

Q. Have you seen any summary charts or

12 anything like any documents that kind of set forth

13 like here is the people who have been considered

14 and here's what we decided, anything like that?

15

A. I have, and your number is higher in

16 that what I have looked at is a fluid data,

17 electronic data, that is not necessarily going to

18 be updated. So that's the only thing I've seen.

19

Q. You have the exhibits right there,

20 right?

21

A. Yes.

22

Q. Can you take Exhibit 8.

23

A. Okay.

24

Q. Have you seen that document before?

25

A. No. This stack of documentation was

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1 handed to me this morning.

2

Q. So you've never seen it before this

3 morning?

4

A. No.

5

Q. That's a document that was provided

6 to us by your lawyers in this case to reflect the

7 status of the inmates who were considered for home

8 confinement. Are you looking at the right

9 exhibit, Warden?

10

A. Yes.

11

Q. You have that chart, right?

12 Litigation number, status, reason for

13 ineligibility, do you see that?

14

A. Yes.

15

Q. So there's -- I believe there's 117,

16 do you accept that representation, inmates on this

17 list? 13 is there twice, but it's 117. That's

18 where I'm coming up with that number just to

19 orient you.

20

Do you have your own approximation

21 of how many inmates have been considered for home

22 confinement during the period of time we're

23 talking about? Because you said you thought my

24 number was higher than yours.

25

MR. OESTERICHER: Objection.

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1

A. Can you ask me that question again.

2

Q. Approximately how many inmates do

3 you believe have been considered for home

4 confinement since Attorney General Barr's memo by

5 the MCC?

6

A. I have absolutely no idea and the

7 reason I say your number is higher is because I

8 tried running I guess a data sheet that might

9 indicate what the numbers were. Because it's a

10 brand new process so as you know, a brand new

11 process sometimes takes a while to get going. And

12 I thought that number -- I think it was like a 3

13 on that number so I don't even know if I was

14 running the right thing, so that's why I'm saying

15 that number is just different than mine.

16

Q. Fair enough. Do you have any

17 factual base to say that this document that shows

18 117 people is wrong?

19

A. No.

20

Q. Is the MCC reviewing for potential

21 referral to home confinement all sentenced inmates

22 at the MCC currently other than inmates who were

23 there on a writ or have a detainer?

24

A. All inmates are being reviewed who

25 are BOP inmates.

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1

Q. Sentenced inmates; right?

2

A. Yes.

3

Q. Other than the writs or detainer

4 inmates, or are those being reviewed too?

5

A. We're not reviewing detainer

6 inmates because ordinarily when -- I'm sorry, writ

7 inmates, because again, you can look at it, but

8 that may be an individual who has a detainer and

9 they're not going to be eligible.

10

Q. So according to the information that

11 your lawyers are providing us, there have been 27

12 inmates who have been released since Attorney

13 General Barr's memos.

14

Do you know how many of those were

15 inmates for whom the MCC recommended release on

16 home confinement?

17

A. No, I do not know.

18

Q. You agree, do you not, that if an

19 inmate was released, that could happen a number of

20 different ways? For example, they could have been

21 released because they served out their sentence;

22 right?

23

A. Yes.

24

Q. Correct?

25

A. Yes.

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1

Q. They could have been released

2 because they made a request to a judge for

3 compassionate release that the judge granted on

4 their motion as opposed to the Bureau of Prisons'

5 motion; correct?

6

A. Correct.

7

Q. They could have been transferred to

8 another facility; correct?

9

A. Unlikely.

10

Q. Unlikely because of COVID-19 but

11 possible; right?

12

A. Possible.

13

Q. Or they could be released because

14 the MCC referred them for home confinement and

15 they were released on that basis; correct?

16

A. Correct.

17

Q. Just to be clear, do you have any

18 information as you sit here now as to how many of

19 those 27 inmates fall within the various

20 categories that I've just described?

21

A. No, none.

22

Q. Or when that happened, when those 27

23 were released?

24

A. No.

25

Q. So the information we were provided

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1 by your lawyers is that 38 of those 117 inmates

2 were deemed to be ineligible for home confinement.

3 Do you have any basis to dispute factually that

4 number?

5

A. No.

6

Q. On this list were a number of the

7 people who are ineligible. Let me just direct you

8 to number 60. Do you see number 60?

9

A. Yes.

10

Q. It says "Primary or prior offense

11 includes violence, sex offense or

12 terrorism-related." Do you see that?

13

A. Yes.

14

Q. And do you know for that inmate

15 whether it was the primary offense or a prior

16 offense that rendered that inmate ineligible?

17

MR. OESTERICHER: Objection.

18

A. I don't know.

19

Q. If I asked you the same questions

20 for every inmate on this list who has that

21 explanation for his ineligibility or her

22 ineligibility "Primary or prior offense includes

23 violence, sex offense or terrorism-related," would

24 you be able to tell me whether it was a primary

25 offense or the prior offense? Would you be able

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1 to tell me that?

2

A. No.

3

Q. Somewhere in the MCC, am I correct,

4 that is documented somewhere?

5

A. Yes.

6

Q. Are you aware that under -- you

7 mentioned the May 8th memo a few minutes ago.

8 Correct?

9

A. Yes.

10

Q. Am I correct that that is the latest

11 memo from the Bureau of Prisons dealing with the

12 topic of home confinement?

13

A. I believe so.

14

Q. The latest in a series of memos;

15 correct?

16

A. Yes.

17

Q. Are you aware that under the May 8th

18 memo, that the factor that is specified with

19 respect to offenses, it states that in determining

20 whether someone is eligible for home confinement,

21 you verify that their primary offense is not

22 violence, a sex offense or terrorism-related?

23

A. Yes.

24

Q. Are you aware that in that May 8th

25 memo, there is no reference to the inmate's prior

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1 offense being violence, a sex offense or

2 terrorism-related?

3

MR. OESTERICHER: Objection.

4

A. Okay.

5

Q. You accept that?

6

A. Yes.

7

Q. Okay. So that under the May 8th

8 memo, am I correct that if an inmate has a prior

9 offense, not a primary, a prior offense for

10 violence, a sex offense or terrorism-related, that

11 is not a factor in rendering them ineligible for

12 home confinement? Would you agree with me?

13

MR. OESTERICHER: Objection.

14

A. It is not a factor in the

15 memorandum, no.

16

Q. Was there any effort by the MCC to

17 look at the 38 inmates who are considered

18 ineligible based on primary or prior offense to

19 see whether any of them only had a prior offense

20 of the type described in the memo as opposed to a

21 primary one?

22

A. So when an inmate is reviewed for

23 home confinement or for halfway house, that review

24 is predominantly done by the case manager.

25

Q. Um-hum.

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1

A. In reference to if they approve or

2 deny, recommend or not, the inmate is notified and

3 the inmate has a right to file an administrative

4 remedy and appeal that decision.

5

Q. Do you believe it would be

6 appropriate for the MCC to determine now if there

7 were inmates deemed ineligible for home

8 confinement referral because they had a prior

9 offense involving violence, sex offense or

10 terrorism-related, in light of the fact that the

11 May 8th memo does not speak about prior offenses

12 of that type?

13

MR. OESTERICHER: Objection.

14

A. I would say that the inmate's file

15 in its entirety has to be reviewed and I would

16 look at prior offenses to make a final

17 determination regardless of what this memo said.

18

Q. But for inmates for whom the basis

19 for ineligibility was a prior offense of violence,

20 sex offense or terrorism-related, do you believe

21 it would be appropriate now, in light of the May

22 8th memo, to reassess them?

23

MR. OESTERICHER: Objection.

24

A. I would reassess the change of the

25 incident reports where we can now review inmates

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1 who have the 300 and 400 series incident reports,

2 and if they were denied because of that, I would

3 definitely review them to see if they were not

4 eligible due to that.

5

If there is a prior -- of some type

6 of a terrorism offense, I would have to review --

7 if I made that initial review, I don't think

8 anything changed.

9

Q. Well, isn't it a fact that the May

10 8th memo did change the Bureau's position in that

11 regard by no longer specifying prior offense?

12

A. I don't know if that was just

13 inadvertently left out or not.

14

Q. This is a memo from the assistant

15 director of the correctional program division;

16 correct? Withdrawn.

17

I mean, if you look at the memo and

18 you've seen them all, it's very clear the April

19 memos talk about primary or prior offense and the

20 May 8th memo says primary offense, right? That's

21 what the memos say, do they not?

22

MR. OESTERICHER: Objection.

23

A. Okay, I'm not sure. I would have to

24 look at it.

25

Q. That's fine. No problem. Take a

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1 look at Exhibit 6 and Exhibit 9 and put them side

2 by side and let me know when you've had a chance

3 to do that. Warden, take the time you need, I'm

4 just trying to assist and tell you on April 22nd,

5 I'm focusing on the third bullet toward the bottom

6 of the page, and on the May 8th memo, again

7 focusing you on the third bullet towards the

8 bottom of the page. Do you see that?

9

A. I see it on the April 22nd,

10 "Verifying the inmate's primary or prior offense

11 history does not include violence, sex offense or

12 terrorism related."

13

Q. And now look at May 8th, the second

14 bullet on the page.

15

A. "Verifying the inmate's primary

16 offense is not violent, a sex offense or terrorism

17 related."

18

Q. It says nothing about "or prior";

19 correct?

20

A. Correct.

21

Q. That's the same memo, by the way,

22 the May 8th one, that has the change about 300 to

23 400, correct that those are no longer

24 disqualifiers; correct?

25

A. Correct.

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1

Q. Okay.

2

A. However -- disregard.

3

Q. Would it be reasonable to view the

4 inmates who we were told by your lawyers were

5 ineligible because of a primary or prior offense

6 as the reason for ineligibility, would it be

7 reasonable to reassess those to determine whether

8 it was solely based on a prior offense as opposed

9 to a primary offense in light of what the May 8th

10 memo says; yes or no?

11

MR. OESTERICHER: Objection.

12

A. No, because the April 22nd memo,

13 where it says "past or present," when you read the

14 May 8th memo, it has in highlights the change for

15 the 300 and 400 series incident. However, it does

16 not highlight verifying the inmate's primary

17 offense, so that leads me to believe that that's

18 not a significant change they want us to look at,

19 because it is not bolded.

20

Q. Is that true for other changes in

21 the May 8th memo as compare to the April 22nd

22 memo? Because there's others. Are you telling me

23 the only change that is worthy of consideration is

24 the one that is in bold font in the May 8th memo?

25 Warden, is that your testimony?

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1

MR. OESTERICHER: Objection.

2

A. My testimony is that it stands out.

3

Q. My question was, is that the only

4 change?

5

A. No, not the only change.

6

Q. It's not the only change as between

7 the April 22nd and the May 8th memo that is worthy

8 of consideration; am I right?

9

MR. OESTERICHER: Objection.

10

Q. Correct?

11

A. I'm uncertain. I'm looking. I

12 think the May 8th memo also references pregnant

13 inmates.

14

Q. And is that in bold font?

15

A. It is not.

16

Q. Does it deserve to be considered as

17 a change in policy?

18

A. It does.

19

Q. Going back to that chart, Exhibit 8,

20 some of the inmates for whom it states that they

21 were ineligible is for "recidivism score above

22 minimum." For example, number 16, number 61, some

23 others, do you see that?

24

A. "Primary or prior offense includes

25 violence, sex offense, or

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1 terrorism-related/recidivism score above minimum,"

2 yes.

3

Q. Recidivism score above minimum, do

4 you agree with me that under the relevant Bureau

5 of Prisons guidance, including the May 8th memo,

6 that a score above minimum is not a

7 disqualification for home confinement; is it? I'm

8 referring you to the top of page 2 of the memo.

9

A. Which memo?

10

Q. The May 8th memo, which is Exhibit 9.

11

A. I've got the May 8th memo. Where

12 did you want me the look?

13

Q. I'm looking at the second bullet,

14 "Inmates who have anything above a Minimum score

15 not receiving priority treatment"; correct? Do

16 you see that?

17

A. "Inmates" -- I'm sorry. I'm just

18 reading aloud. I'll stop doing that.

19

Q. You can do it. Just speak clearly

20 when you do it.

21

A. Can you tell me exactly where on

22 page 2?

23

Q. I'm looking at the second bullet

24 toward the very top of the page; right? It says

25 the factors that are to be assessed to determine

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1 whether an inmate is suitable for home

2 confinement, and it says, "Inmates who have

3 anything above a Minimum score not receiving

4 priority treatment." Do you see that?

5

A. Yes.

6

Q. So in substance, if they have a

7 recidivism score above a minimum, they are not

8 supposed to be prioritized in terms of eligibility

9 for home confinement; correct?

10

A. Yes.

11

Q. But under the terms of this memo,

12 that fact, having a recidivism score above

13 minimum, is not a disqualifying feature; is it?

14

A. I don't believe it would be. It's

15 just something that is keeping them from being a

16 priority.

17

Q. But it doesn't render them

18 ineligible; does it?

19

A. I don't believe so. Not in

20 accordance with this memo.

21

Q. Also on that chart again, Exhibit 8,

22 some of the people for whom it's stated they were

23 ineligible, it says "percentage of time served."

24 For example, number 34. Do you see that?

25

A. Yes.

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1

Q. Again, to be clear, the percentage

2 of time served is not a factor that would render

3 an inmate ineligible for home confinement

4 referral; am it right?

5

A. Percentage of time served, if you

6 look at the memo, I think it's May 8th --

7

Q. May 8, page 2, if I can help you,

8 Warden.

9

A. I'm on page 2. So this memo says

10 "have served 50 percent or more of their sentence,

11 or have 18 months or less remaining on their

12 sentence and they have served 25 percent or more

13 of their sentence."

14

Q. And right above that, am I correct

15 that it says the following: "We are currently

16 prioritizing for consideration those inmates who

17 either," and then it gives the information you

18 just testified to. Am I right?

19

A. Okay, yes.

20

Q. So those features, the 50 percent

21 and the 18 months and the 25 percent, those are

22 factors that would give an inmate priority in

23 terms of reviewing them for potential home

24 confinement referral; correct?

25

A. Yes.

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1

Q. But the inmate who does not meet

2 those thresholds is not, under the terms of this

3 memo, rendered ineligible for home confinement

4 referral; are they?

5

A. I don't believe so.

6

Q. Some of the inmates listed as

7 ineligible on that chart, Exhibit 8, it refers to

8 gang affiliation. So, for example, number 96, do

9 you see that, gang affiliation?

10

A. 96, page 2?

11

Q. Yes.

12

A. Yes.

13

Q. Does that mean that they had a gang

14 affiliation out on the street, had a gang

15 affiliation in jail, somewhere else?

16

MR. OESTERICHER: Objection.

17

Q. If you know.

18

A. I don't know.

19

Q. Am I correct that under the Bureau

20 of Prisons guidance, the factor with respect to

21 gang affiliation, that is included by in effect an

22 inmate having a gang affiliation in prison?

23

A. Can you repeat that?

24

Q. Yes. Is gang affiliation in prison,

25 gang-related activities in prison, isn't that the

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1 factor that is included within the May 8th memo to

2 be considered in determining whether an inmate is

3 eligible for home confinement? I'm putting the

4 emphasis on gang activity in prison as opposed to

5 they were part of a gang outside on the street and

6 perhaps that's what they got prosecuted for. Am I

7 right about that?

8

A. I'm not sure.

9

Q. Why don't you take a look at the May

10 8th memo and look at the paragraph in the middle,

11 and tell me when you're ready. Right above where

12 that bold font type is that we spoke before --

13

A. So "All inmates must be reviewed by

14 the SIS department --

15

Q. -- at the referring facility to

16 determine if the inmate has engaged in violent or

17 gang-related activity in prison." Correct?

18

A. Yes.

19

Q. Do you know with respect to the

20 inmates who are on that chart whether it was gang

21 activity in prison that rendered them ineligible

22 according to your lawyers?

23

MR. OESTERICHER: Objection.

24

A. I do not know.

25

MR. OESTERICHER: Can we talk about

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Marti Licon-Vitale

5/21/2020

1

MR. OESTERICHER: Objection.

2

A. I'm not aware.

3

Q. Have you asked anybody for authority

4 or permission to utilize the First Step Act

5 standard as opposed to the 5050.50 standard in

6 determining whether to move for the release of an

7 inmate due to compassionate release?

8

A. I have not.

9

Q. Have you recommended the filing of a

10 motion for compassionate release of any inmate in

11 the institution since you've become the warden?

12

A. Say that one more time. I'm sorry.

13

Q. Since you became the warden of the

14 MCC, have you either moved or recommended the

15 filing of a motion by the Bureau of Prisons to

16 have an inmate released for compassionate release

17 reasons?

18

A. I don't think that we have. There

19 may have been one case where we didn't believe he

20 was eligible but because of his age, we went ahead

21 and we referred that to central office for their

22 final decision.

23

Q. Was that COVID-19-related or simply

24 age and had nothing to do with COVID-19?

25

A. COVID-19-related.

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Marti Licon-Vitale

5/21/2020

1

A. Yes.

2

Q. You haven't delegated your authority

3 to anybody within the MCC; have you?

4

A. No, I have not.

5

Q. On those two issues, the buck stops

6 with you; right?

7

A. Yes.

8

Q. Again, do you know how quickly

9 people at the MCC are, in fact, reviewing,

10 responding to, pushing up the chain their

11 recommendations with respect to compassionate

12 release requests? Do you know?

13

A. In the three weeks that I have been

14 back, I have seen a lot of referrals even though

15 they were declinations. I've signed a lot of

16 those, so I can say that a lot of work has been

17 done in the last three weeks, yes.

18

Q. Do you know what, if any, work was

19 being done before that with respect to

20 compassionate release requests?

21

A. I wasn't here.

22

Q. And how about in March into early

23 April? Do you know how quickly that process was

24 working in terms of compassionate release

25 requests?

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Marti Licon-Vitale

5/21/2020

1

A. It probably wasn't at all.

2

Q. Furloughs, are you familiar with the

3 Bureau of Prisons' policies and procedures with

4 respect to furloughs?

5

A. Yes.

6

Q. Have there been any change in the

7 MCC's policies or practices with regard to whether

8 to recommend the release of an inmate on a

9 furlough?

10

A. The process has not changed.

11

Q. Who makes the final decision on

12 behalf of the Bureau of Prisons on a furlough

13 release?

14

A. I do.

15

Q. Has a furlough been considered by

16 you at all as a means of responding to COVID-19?

17

A. I am open to reviewing furloughs as

18 a response to COVID-19. I haven't seen any

19 referrals.

20

Q. We've been told by your lawyers in

21 this case, again, in response to our written

22 requests for information, that there have been no

23 inmates that have been even considered for a

24 furlough since March 1st of 2020. Do you have any

25 basis to dispute that?

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Marti Licon-Vitale

5/21/2020

1 forward, regardless of if it's COVID-related or

2 not. We've been under circumstances where it's

3 kind of held us up from doing so.

4

Certainly ideas of how we control

5 our chemicals in the units is one, and some of the

6 stuff we've actually implemented during COVID. We

7 actually have washers and driers in the units now

8 simply because it just helps us with ensuring that

9 their clothes get washed or the cleaning rags get

10 cleaned. Sometimes they could even put mops in

11 there to clean those.

12

Something that the nation is

13 probably looking at is more PPE.

14

Q. What PPE?

15

A. COVID. You know, we've had PPE

16 before I went out and after I came back. There

17 was never a point where oh, my goodness, we don't

18 have masks. We've always had them, but certainly

19 I would like to have more of a -- I guess like a

20 storage of everything that you could imagine just

21 to have ready for any possible future pandemics.

22

Q. You mentioned chemicals in the

23 units. What were you referring to?

24

A. I mean cleaning chemicals.

25

Q. Got it. Fair enough. Anything

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Nicolas Sucich

5/21/2020

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF NEW YORK

3 ----------------------------------------x

4 CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-

5 CHIMBO, SHARON HATCHER, JONATHAN MEDINA,

6 and JAMES WOODSON, individually and on

7 behalf of all others similarly situated,

8

Petitioners,

9

-against-

10 MARTI LICON-VITALE, in her official

11 capacity as Warden of the Metropolitan

12 Correctional Center,

13

Respondent.

14 ----------------------------------------x

15

Remote Deposition

16

May 21, 2020

17

11:14 A.M.

18

19 Remote Deposition of Non-Party Witness,

20

NICOLAS SUCICH

21

22

23

lipka.com, inc.

24

888.lipka.com

25

transcripts@lipka.com

Index No. 20 Civ. 3315 (ER)

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Nicolas Sucich

5/21/2020

1

And nobody wanted to be isolated in the

2 SHU, so they weren't -- they knew that the only

3 treatment that they would have gotten would be

4 Tylenol and they would be locked up in the SHU.

5 So nobody wanted to do that.

6

Q. So did the first person get sick,

7 Andrade, was the end of March?

8

A. I think, I think March 27th.

9

Q. How long did it take the medical people

10 to take him?

11

A. I think he complained more and they

12 didn't take him. And then the next day when he

13 fell on the floor, they ended up taking him.

14

Q. Okay. And so Andrade is the only

15 person from your tier that was removed from the

16 dormitory?

17

A. I couldn't understand you, ma'am. I'm

18 sorry.

19

Q. Was Andrade the only person in your

20 tier who was removed from the dormitory due to

21 COVID symptoms?

22

A. Yes, ma'am.

23

Q. Did any other inmate in your dormitory

24 report COVID symptoms to a medical staff?

25

A. I did. I -- I couldn't breathe, and I

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Nicolas Sucich

5/21/2020

1 told Mr. Singh on I think it was the 3rd of

2 April. I couldn't even breathe. I had to have

3 help to get to the door and talk to him, and he

4 made a very nasty comment and that was it.

5

Q. What was that nasty comment?

6

A. He told us that we were -- we were

7 worthless, and that we were left there to die.

8 What can he do at this time of night?

9

Q. You said his name is Mr. Singh?

10

A. Mr. Singh, yes.

11

Q. Is that a corrections officer or a

12 medical staff?

13

A. Medical.

14

Q. Do you know if anyone besides yourself

15 reported symptoms of COVID to the medical staff?

16

A. I know that they've had them. I don't

17 think they were -- I felt guilty because I

18 thought I was getting the COVID-19, and I didn't

19 want to pass it to everyone else, so I was a

20 little bit more mature about it. And if they

21 were going to segregate me, I would prefer to be

22 segregated instead of giving it to someone else.

23

But it didn't end up happening that way

24 because when I told him I couldn't breathe, you

25 know, he said your inhaler -- I think he told me

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Volume I

James Woodson

5/19/2020

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF NEW YORK

3 ----------------------------------------x

4 CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-

5 CHIMBO, SHARON HATCHER, JONATHAN MEDINA,

6 and JAMES WOODSON, individually and on

7 behalf of all others similarly situated,

8

Petitioners,

9

-against-

10 MARTI LICON-VITALE, in her official

11 capacity as Warden of the Metropolitan

12 Correctional Center,

13

Respondent.

14 ----------------------------------------x

15

Remote Deposition

16

May 19, 2020

17

18

19

Remote Deposition of the Plaintiff,

20

JAMES WOODSON

21

22

23

lipka.com, inc.

24

888.lipka.com

25

transcripts@lipka.com

Index No. 20 Civ. 3315 (ER)

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James Woodson

5/19/2020

1 tier who you think are experiencing COVID

2 symptoms?

3

A. I don't understand you.

4

Q. Currently, at the present, May 19,

5 2020, are there any inmates who you think are

6 experiencing COVID symptoms in your tier?

7

A. I can't -- on the tier, no.

8

Q. Have you observed any other inmates in

9 your unit experiencing COVID symptoms recently?

10

A. We're on quarantine. I'm not exposed

11 to any other inmates.

12

Q. So to your knowledge, are any other

13 inmates experiencing COVID symptoms right now?

14

A. I can't answer that. I don't know.

15

Q. 11 South was under quarantine for some

16 time period, is that correct?

17

A. Yes.

18

Q. When did the quarantine start?

19

A. Since we returned from Otisville.

20 Approximately March 12th.

21

Q. You went out of your cell for about an

22 hour a day, is that correct?

23

A. Yes. Correct.

24

Q. During this quarantine period how often

25 are you getting temperature checks?

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5/19/2020

1

A. Not at all, at this time.

2

Q. When was the last temperature check

3 that your unit had?

4

A. Maybe two weeks ago.

5

Q. Two weeks ago were you getting

6 temperature checks more frequently?

7

A. Yes.

8

Q. How often were you getting temperature

9 checks two weeks ago?

10

A. Initially in early March it was

11 throughout the day, three times a day. They

12 tapered down to maybe once a day, and now not at

13 all.

14

Q. Do you know if during temperature

15 checks that happened about two weeks ago that

16 anyone had a high temperature?

17

A. I didn't hear you. I'm sorry.

18

Q. During the temperature checks that you

19 said happened two weeks ago, do you know if

20 anyone had a high temperature?

21

A. I wouldn't know.

22

Q. During the temperature checks, did you

23 yourself ever have a high temperature?

24

A. No.

25

Q. I saw that you mentioned in the

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James Woodson

5/19/2020

1 computer and the shower?

2

A. Yes -- could you repeat that, please?

3

Q. Since COVID started in March, have you

4 been cleaning up after yourself, like after you

5 use the computer, the phone or the shower?

6

A. What do you mean "clean up after

7 yourself"?

8

Q. Like do you wipe -- are you able to,

9 like, spray these things, wipe them down?

10

A. No.

11

Q. Have you observed orderlies cleaning

12 the common area?

13

A. Because of the tier where we're

14 located, we are not in sight of an actual

15 cleanup. You can't see it where we're located.

16

Q. I see that you have a mask around your

17 ears right now. A mask?

18

A. Yes.

19

Q. Is that the cloth mask?

20

A. No. It's a cloth mask. We were issued

21 these about two weeks ago. I was instructed by

22 the CO to remove it so we could speak.

23

Q. How many cloth masks were you given?

24

A. Two.

25

Q. Before the cloth masks, were you given

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James Woodson

5/19/2020

1 paper masks?

2

A. One time that I remember.

3

Q. Were you given paper masks every week

4 or just one?

5

A. One. One paper mask was all we get at

6 one time.

7

Q. Do you know approximately when you were

8 given a paper mask?

9

A. The latter -- the middle part of March.

10 After Parisi left they began to do stuff. Maybe

11 the middle or the latter part of March. I'm not

12 sure.

13

MS. ROVNER: I think those are all the

14

questions I have today.

15

MR. BOSCH: Can I have one minute to

16

make sure I'm all set, and then I'll have a

17

few questions to respond with.

18

(Brief pause.)

19

MR. BOSCH: Mr. Woodson, I have a few

20

questions, if you're ready.

21

THE WITNESS: Yes.

22 EXAMINATION BY

23 MR. BOSCH:

24

Q. You testified earlier that you observed

25 people in your unit in late March with chills,

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James Woodson

5/19/2020

1 fever, sore throats and coughing, that's correct?

2

A. Yes.

3

Q. Did you experience any of those things

4 yourself?

5

A. Maybe chills, but not really, no.

6

Q. Are you aware that your legal counsel

7 and the doctor took an inspection of the MCC last

8 week Wednesday?

9

A. Yes, I'm aware of it.

10

Q. Did you observe the MCC making any

11 changes in the dates preceding that inspection?

12

A. Yeah, I have.

13

Q. What kind of things did you see?

14

A. An orderly was mopping the floors,

15 which had never happened. The day of the

16 inspection the assistant warden, the associate

17 warden came onto the unit and posted

18 informational signs of the type of hand washing

19 and sanitation that had never been there before.

20

There was a sign posted on the control

21 booth, which we call the "bubble," that stated if

22 inmates needed soap, toilet paper, cleaning

23 suppliers and masks to ask the officer in the

24 bubble, which was not true; those items were not

25 available there.

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EXHIBIT 

Case 1:20-cv-03315-ER Document 54-23 Filed 05/27/20 Page 2 of 3
U.S. DEPARTMENT OF JUSTICE Federal Bureau of Prisons Metropolitan Correctional Center
150 Park Row New York, New York 10007
May 26, 2020
The Honorable Roslynn R. Mauskopf Chief Judge United States District Judge Eastern District of New York 225 Cadman Plaza East Brooklyn, NY 11201
Re: Administrative Order No. 2020-14
Dear Judge Mauskopf:
The Court has ORDERED that the MDC and MCC respond to concerns about the institutions’ response to the COVID-19 pandemic. Specifically, the Court asked about protocols for screening and testing inmates, staff and others entering or leaving each facility; the number of inmates tested and the number of positive tests; the number of staff and/or others testing positive; and all efforts undertaken to mitigate the spread of COVID-19 both generally and in response to any symptomatic inmate(s) and/or positive test(s).
Staff have been tasked with screening each and every staff member who walks in the door at both facilities. Specifically, a temperature is taken and the staff member is asked to fill out a screening form. If the staff member has a fever or answers yes to any of the questions, a medical professional can deny entry to the institution.
Medical staff are also screening new inmate arrivals to the institution in the same manner. Specifically, staff who are conducting the screening are to wear appropriate personal protective equipment (PPE) in accordance with guidance promulgated by the Centers for Disease Control (CDC). Inmates with a temperature greater than, or equal to, 100.4 degrees, or with overt respiratory symptoms, are placed in isolation. New arrivals with a temperature of less than 100.4 degrees are placed in quarantine for fourteen days as a precautionary measure. Inmates leaving either BOP facility are also screened.
Any inmate currently in BOP custody who presents with COVID-19 like symptoms is assessed by institution health services staff. An inmate exhibiting symptoms consistent with COVID-19 will be placed in isolation. The remainder of the inmates on his or her unit will be quarantined to ensure additional inmates do not develop symptoms. The inmates’ medical isolation will be evaluated by medical staff at least twice a day, and the inmates on a medically quarantined unit will have their temperature checked twice a day.

Case 1:20-cv-03315-ER Document 54-23 Filed 05/27/20 Page 3 of 3
The Honorable Roslynn R. Mauskopf May 26, 2020 Page 2
On April 1, 2020, the BOP enacted a national 14-day action plan to increase social distancing in the facilities. Specifically, inmates in every institution are to be secured in their assigned cells. On April 13, 2020, the BOP ordered an extension of the April 1, 2020 action plan through May 18, 2020. On May 18, 2020, the BOP ordered a further extension of the April 13, 2020 action plan through June 30, 2020. At MDC and MCC, inmates will continue to be released from their cells several days per week in order to shower, use the phones, and utilize the TRULINCs system. This will continue to be done in small groups and social distancing has been encouraged. The national action plan will not, however, affect the provision of legal phone calls. Inmates will still be taken out of their cells for legal phone calls.
Inmate orderlies continue to clean the common areas of all housing units, and inmates have been instructed to continue to wipe down and sanitize their living quarters.
MCC and MDC unit team staff and officers are available to the inmate population to address any and all issues, including medical concerns, property concerns, and/or food related issues. Unit team staff are providing legal calls to attorneys. Additionally, any inmate can also request medical care from health services providers when they make rounds on the housing units.
Please be advised that the following numbers constitute a running tally, which began on March 13, 2020.
With regard to the numbers as of May 26, 2020 for MDC:
Inmates tested: 17 Inmates positive: 6 Staff Positive: 39
With regard to the numbers as of May 26, 2020 for MCC:
Inmates tested: 15 Inmates positive: 5 Staff Positive: 46
Respectfully submitted,
/s/
M. Licon-Vitale Warden MCC New York
/s/
D. Edge Warden MDC Brooklyn

Case 1:20-cv-03315-ER Document 54-24 Filed 05/27/20 Page 1 of 4
EXHIBIT 24

Case 1:20-cv-03315-ER Document 54-24 Filed 05/27/20 Page 2 of 4

U.S. Department of Justice Federal Bureau of Prisons Health Services Division

Washington, D.C. 20534

February 29, 2020

MEMORANDUM FOR All CLINICAL DIRECTORS

ALL HEALTH SERVICES ADMINISTRATORS

ALL QUALITY IMPROVEMENT/INFECTION PREVENTION

CORDINATORS

Jeffery D.Allen. M.D.

Digitally signed by JEFFERY ALLEN Date: 2020.02.29 11:23:25 -05'00'

FROM:

Jeffery D. Allen, M.D., Medical Director

Health Services Division

SUBJECT:

Guidance Update for Coronavirus Disease 2019 (COVID-19)

This memorandum serves to update the Bureau of Prisons’ guidance related to Coronavirus Disease 2019 (COVID-19), previously referred to as the 2019 Novel Coronavirus Infection (2019-nCoV) and described in memos dated January 31, 2020. This change in nomenclature aligns with the new World Health Organization and Centers for Disease Control and Prevention (CDC) terminology. Of note, the virus that causes COVID-19 is now referred to as SARSCoV-2.

COVID-19 now demonstrates person-to-person spread and is occurring in a growing number of locations outside of China, including the U.S. The vast majority of U.S. cases to date have been travel-related, with only three cases of person-to-person transmission known to have occurred within the U.S. However, the situation is evolving rapidly; several additional cases of suspected community transmission have been reported in the last 24 hours. Although the risk of transmission in the U.S. is still considered low, current global circumstances suggest that the virus is likely to cause a pandemic. In response, BOP institutions need to continue screening for COVID-19 risk factors and symptoms and be prepared for a possible pandemic and managing a case of COVID-19 in either staff or inmates.

In addition to the guidance provided in the previous memos, the BOP recommends the following.

1. Perform COVID-19 screening of all new inmate admissions to the BOP early during the intake screening process.

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a. The inmate screening tool has been modified to incorporate new guidance from the CDC to assist in efficiently accomplishing this task. If used, institutions should replace prior versions of the screening tool with this current version (attached).
b. Separate out and place a regular surgical mask on any inmate arriving to an institution with symptoms of acute respiratory illness. Having a supply of these masks and other personal protective equipment (PPE) readily available in the screening area is recommended.
c. Have a means available in R&D for inmates to accomplish hand hygiene / washing upon arrival.
2. Educate staff about COVID-19 and screen staff with potential risk factors in accordance with the revised staff screening tool (attached).
3. Assure fit-testing for use of the N-95 respirator mask is being conducted at institutions. A current list of fit-tested personnel should be established and maintained in Ops Planner.
4. Disseminate education and provide demonstrations on appropriate procedures for donning and doffing of PPE.
5. Establish communication with local public health authorities for reporting and management procedures, to include a determination of where to send, suspected COVID-19 cases, Persons Under Investigation (PUIs) or quarantined inmates who develop signs or symptoms of illness.
6. Utilize the Pandemic Influenza Plan to initiate preparations for a potential COVID-19 pandemic. a. Meet with executive staff leadership to determine where persons with COVID-19 risk factors would be quarantined in the facility, if needed. b. Establish baseline PPE supplies for gloves, surgical masks, N-95 respirator masks, face shields and gowns. Each institution should develop a current list of PPE supplies and maintain an accurate inventory in Ops Planner. Institutions should also move to purchase additional supplies, as necessary. c. Post a visitor notice alerting people with illness (fever, sore throat, cough, shortness of breath) not to visit. English and Spanish versions are attached. d. Initiate means for inmates to wash hands after arriving to R&D, prior to fingerprinting or other procedures.
The following items have been updated or added to align with CDC guidance or definitions and to assist institutions to prepare for potential COVID-19 suspects or illness. Please note the

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first two items are available on the Health Services Division Infectious Disease Sallyport page.
x 2019 Novel Coronavirus (COVID-19) Inmate Screening Tool x 2019 Novel Coronavirus (COVID-19) Staff Screening Tool x CDC COVID-19 education flyers (3) x Visitor notifications signs (2) x OSHA Respiratory Protection Program Toolkit, available at
https://www.osha.gov/Publications/OSHA3767.pdf
Notify appropriate Regional and Central Office QIIPC Consultants, Supervisory Occupational Medicine Physician or Chief, Occupational Safety and Health Branch, as indicated on the screening tools, of any inmates or staff identified with exposure risk factors, with or without symptoms. They are also a good point of contact for questions you may have regarding this issue.
Please share this memorandum and associated attachments with Executive Staff at your location. These resources and screening tools will be posted and available on the HSD Sallyport web page.
Attachments (7)
cc: Assistant Directors Regional Directors Chris A. Bina, Sr. Deputy Assistant Director, HSD Sheila Kiernan, Sr. Deputy Assistant Director, HRMD Christopher Wade, Chief, Labor Relations BOP-HSD/Executive Assistant HSD Branch Chiefs / Chief Professional Officers Regional Medical Directors Regional Health Services Administrators

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EXHIBIT 25

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GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent By: JEAN-DAVID BARNEA
JESSICA JEAN HU ALLISON M. ROVNER Assistant United States Attorneys 86 Chambers Street, 3rd Floor New York, New York 10007 Tel.: 212.637.2679/26762691 Fax: 212.637.2686 Email: Jean-David.Barnea@usdoj.gov Jessica.Hu@usdoj.gov Allison.Rovner@usdoj.gov
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
v.
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

20 Civ. 3315 (ER)

RESPONDENT’S RESPONSES AND OBJECTIONS TO PETITIONERS’ FIRST SET OF INTERROGATORIES
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Procedure, as well as Local Civil Rule 33.3, Respondent Marti Licon-Vitale (“Respondent”), in her official capacity as Warden of the Metropolitan Correctional Center (“MCC”), by her attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, responds to Petitioners’ First Set of Interrogatories (the “Requests”) as follows:

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GENERAL OBJECTIONS AND RESERVATIONS 1. Respondent objects to the Requests to the extent they purport to require the disclosure of information beyond the scope permitted by the Federal Rules of Civil Procedure, the Local Rules of the United States District Court for the Southern District of New York, or other applicable law. 2. Respondent objects to the Requests to the extent they seek information protected from discovery under the attorney-client privilege, the self-evaluative or self-critical analysis privilege, the work-product doctrine, the deliberative process privilege, or the law enforcement privilege, or that is otherwise privileged or protected from disclosure by any applicable statute, regulation, rule, or doctrine. 3. Respondent objects to the Requests to the extent they purport to require the disclosure of information protected by the Privacy Act of 1974, 5 U.S.C. § 552a (the “Privacy Act”) or the Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d et seq. (“HIPAA”). 4. Respondent objects to the Requests to the extent they call for the disclosure of information not relevant to a claim or defense in this litigation and/or not proportional to the needs of the case and/or would be unduly burdensome or oppressive to answer. 5. Respondent objects to the Requests to the extent they seek the disclosure of information that is publicly available to, previously provided to, otherwise within the possession, custody or control of, or readily obtainable by, petitioners, their agents and/or counsel, such that the requested disclosure is unduly burdensome or expensive to the United States. 6. Petitioners’ Requests are being answered subject to the limitation that the investigation and discovery in this action are ongoing. Respondent expressly reserves the right
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to supplement, clarify, revise, or correct any or all of these responses at any time. By making the following responses to the Requests, Respondent does not waive, and hereby expressly reserves, the right to assert any and all objections as to the admissibility of such responses into evidence at the trial of this action, or in any other proceedings, on any and all grounds, including, but not limited to, competency, relevancy, materiality, and privilege. Further, Respondent provides the responses below without in any manner implying or admitting that she considers any item in the Requests or any response thereto to be relevant or material to the subject matter of this action.
7. Respondent’s general objections are incorporated into and continue throughout its responses to the specific Requests.
OBJECTIONS AND RESPONSES TO SPECIFIC INTERROGATORIES Subject to and without waiving the foregoing general objections and reservations, which Respondent hereby incorporates into each response given below, Respondent responds to the specific interrogatories as follows.
Interrogatory No. 1:
Identify all MCC inmates tested for COVID-19 since March 1, 2020, including each inmate’s symptoms prior to testing, who performed the testing, the test results, where the inmate has been housed since March 1, 2020, the medical treatment provided to the inmate during that time, what institution or facility provided the treatment, and when the medical treatment was provided..
Response: Respondent objects to Interrogatory No. 1 on the specific grounds that it is vague and overbroad, and that it calls for the production of information protected by the Privacy Act and HIPAA. Subject to and without waiving the foregoing general and specific objections, Respondent hereby produces an anonymized chart1 entitled Quarantine Isolation Flowsheet,
1 As explained in Respondent’s Responses to Petitioners’ Requests for the Production of Documents, we have assigned each MCC inmate a Litigation Number for purposes of this case to permit the matching of anonymized records. The Litigation Numbers for the named petitioners are as follows: Cesar Fernandez-Rodriguez (160), Rober Galvez-Chimbo (369), Sharon Hatcher (177), Jonathan Medina (13), and James Woodson (94). The Litigation Numbers for the four
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prepared by MCC medical staff, which contains the requested information. In addition, one inmate (number 293) was tested at MCC on 5/11/20 because the inmate was scheduled to go to an outside hospital to undergo oral surgery (and not because the inmate had any symptoms of COVID infection), and the test came back negative. Furthermore, as explained in the response to Document Request No. 3, several inmates were tested at the hospital as part of admissions for non-COVID-related medical treatment. With respect to the inmates’ housing assignments, the Quarantine Isolation Flowsheet provides some information in that regard, as does the response to Interrogatory No. 3.
Interrogatory No. 2:
Identify all MCC inmates who, since March 1, 2020, have been identified as having COVID-19 symptoms and, for each such inmate, describe where the inmate has been housed since March 1, 2020, the medical treatment provided to the inmate during that time, what institution or facility provided the treatment, and when the medical treatment was provided.
Response: Respondent objects to Interrogatory No. 2 on the specific grounds that it is vague and overbroad, and that it calls for the production of information protected by the Privacy Act and HIPAA. Subject to and without waiving the foregoing general and specific objections, Respondent hereby refers to the Quarantine Isolation Flowsheet, prepared by MCC medical staff, which contains the requested information. With respect to the inmates’ housing assignments, the Quarantine Isolation Flowsheet provides some information in that regard, as does the response to Interrogatory No. 3.
Interrogatory No. 3:
Identify all MCC inmates who, since March 1, 2020, have been identified as being vulnerable to COVID-19 and, for each such inmate, describe where the inmate has been housed since March 1, 2020, the medical treatment provided to the inmate during that time, what institution or facility provided the treatment, and when the medical treatment was provided.
Response: Respondent objects to Interrogatory No. 3 on the specific grounds that it is overbroad, and not proportional to the needs of the case, considering the burden of the request is unlikely to outweigh the benefit. Historic information regarding inmate housing is not available to the MCC. In light of the foregoing, the requested information can only be obtained by BOP central office information systems staff who respond to data requests nationwide. In addition, because BOP electronic information systems do not specifically identify inmates who are vulnerable to COVID-19, any request for this information must be obtained either by: (a) performing an individualized query for each inmate; or (b) performing a query for the entire MCC population on a specific date, and then removing the responsive inmates from the query results. Without waiving the foregoing general and specific objections, Respondent will provide
additional inmates who may be providing declarations and who Petitioners’ counsel has indicated have authorized the release of their information (and thus, pursuant to the Court’s order of May 12, 2020, may be provided) are: Darius Davis (146), Michael Falu (351), Ahmad Naqvi (527), and Nicolas Sucich (72).
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in response to this interrogatory five “Housing Charts” that reflect the MCC housing information listed on BOP’s electronic information systems for March 1, 2020, March 15, 2020, April 2, 2020, April 16, 2020, April 30, 2020, and May 14, 2020.
The charts for March 1, 2020 through April 16, 2020, reflect: (1) the anonymized Litigation Number associated with the responsive inmate; (2) the unit the inmate was assigned to on the date reflected in the header; (3) the start date on which the inmate was assigned to that unit; and (4) the last date on which the inmate was assigned to the unit. The chart for April 30, 2020, reflects: (1) the anonymized number associated with the responsive inmate; (2) the unit the inmate was assigned to on April 30, 2020; (3) the start date on which the inmate was assigned to that unit; (4) the last date on which the inmate was assigned to that unit; and (5) the inmate’s assigned unit on May 14, 2020,2 To the extent the chart reflects “current,” that is the inmate’s assignment as of May 14, 2020.
The inmates previously identified by the Bureau of Prisons as being at potentially greater risk of developing serious complications from COVID-19 are assigned to Litigation Nos. 1-205. To the extent any of these inmates have been isolated for confirmed or suspected COVID-19 infection, they additionally appear on the Quarantine Isolation Flowsheet being produced in response to Interrogatory Nos. 1 and 2. In addition, Respondent is producing, in response to Document Request No. 3, a report entitled BOP Health Services Activities Report—which it did not have at the time it responded in writing to Document Request No. 3—which lists for each inmate the dates and times of certain encounters with MCC medical staff since March 1, though it does not provide much information about the substance of those encounters. Respondent notes that this report does not necessarily include all interactions between MCC medical staff and inmates, as some such encounters are classified as “administrative encounters” and not included on this report, and some informal encounters also may not be included in this report.
Interrogatory No. 4:
Identify all locations within the MCC that have been used to isolate inmates relating to COVID-19 since March 1, 2020, including the dates on which those locations have been used for that purpose and the number of inmates in those locations on those dates.
2 The following data dictionary is provided to assist in identifying the units:
Unit B - Unit 2 females Unit C - Unit 3 Quarantine Isolation E01 to E06 - 5 North E07 to E12 - 5 South G01 to G06 - 7 South G07 to G12 - 7 South I01 to I06- 9 North K01 to K06 - 11 North K07 to K12 - 11 South Z01 to Z06 - Special Housing (9 South)
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Response: Respondent objects to Interrogatory No. 4 on the specific grounds that it is vague and overbroad. Subject to and without waiving the foregoing general and specific objections, Respondent states that the following MCC units have been used to isolate inmates with confirmed or suspected COVID-19 infection since March 1: From March 22 (when the first suspected cases were identified) until March 29, MCC isolated inmates in a separate tier of the Special Housing Unit. Since March 30, MCC has isolated inmates in Unit 3. (In addition, newly admitted inmates or inmates returning from outside engagements are quarantined in Unit 3, and if there is not sufficient room in that unit, in Unit 5-South, Tiers 7 and 8.)

Interrogatory No. 5:
Identify all units placed in quarantine relating to COVID-19 since March 1, 2020, including the dates of quarantine and the number of inmates within each unit.
Response: Respondent objects to Interrogatory No. 5 on the specific grounds that it is vague and overbroad. Subject to and without waiving the foregoing general and specific objections, Respondent provides the following information:

Unit 2
5 South 5 North 7 South 7 North 9 North 11 North 11 South

Quarantine Start Date 4/5/20
3/28/20 4/7/20 4/9/20 3/23/20 4/8/20 3/26/20
3/23/20

Quarantine End Date 4/21/20 4/14/20 4/22/20 4/21/20 4/24/20 4/23/20 4/26/20 4/12/20

No. of Inmates 18 58 88 75 81 86 73
128

Interrogatory No. 6:
Identify the size of the MCC’s inmate population on each day since March 1, 2020.
Response: Respondent objects to Interrogatory No. 6 on the specific grounds that it is not relevant to Petitioners’ claims. Subject to and without waiving the foregoing general and specific objections, Respondent provides in response to this interrogatory the document entitled “Response to Interrogatory No. 6.”

Interrogatory No. 7:
Identify the number of MCC’s staff members who were working (on duty) at the MCC on each day since March 1, 2020. For any staff members who were not working due to a positive test for COVID-19, COVID-19 symptoms, or exposure to other persons with or believed to have COVID-19, identify for each the reason they were not working (as set forth above) and the dates they were not working.

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Response: Respondent objects to Interrogatory No. 7 on the specific grounds that it is vague and overbroad, unduly burdensome, and calls for the production of information protected by the Privacy Act and HIPAA. Subject to and without waiving the foregoing general and specific objections, Respondent states that as of April 28, 2020, there were 242 authorized positions at MCC, 199 of which were filled. Respondent produces the following documents: (a) a redacted document entitled Staff Listing 5-13-20, which lists all MCC staff who have notified the prison of the results of their test results for COVID-19 and the dates when they were tested, were last at work, and returned to work; and (b) a series of documents entitled “INST OPS DIR,” which list the number of MCC staff who were on leave on the day in question, as well as the number of BOP staff whose normal place of work is not at MCC who were temporarily working at MCC on that date (“Staff in on TDY Status”). Respondent has produced such reports for March 23 (the first date on which such a report was created), April 6, April 20, May 5, and May 13. Respondent is not able to produce such reports for each requested date because of the burden involved.
Interrogatory No. 8:
Identify any MCC inmates or staff members who have died since March 1, 2020 and the cause of death, to the extent such death was caused, or suspected to have been caused, in any way by COVID-19.
Response: Respondent objects to Interrogatory No. 8 on the specific grounds that it is vague and overbroad, and calls for the production of information protected by the Privacy Act and HIPAA. Subject to and without waiving the foregoing general and specific objections, Respondent states that there are no MCC staff members or inmates whose deaths since March 1, 2020, are known or suspected to be caused by COVID-19.
Interrogatory No. 9:
Identify all MCC cadre inmates and orderlies, their assigned duties, their assigned work locations, and their housing locations, for each day since March 1, 2020.
Response: Respondent objects to Interrogatory No. 9 on the specific grounds that it is vague and overbroad. Subject to and without waiving the foregoing general and specific objections, Respondent produces a list reflecting each inmate’s work assignment and a list of orderlies assigned to COVID-19 sanitation detail.
Interrogatory No. 10:
Identify all medical personnel working at the MCC since March 1, 2020, including their names, job titles, medical qualifications, length of employment at the MCC, foreign language ability, work schedule, and the dates on which they have worked (on duty).
Response: Respondent objects to Interrogatory No. 10 on the specific grounds that it is vague and overbroad, and is not relevant to Petitioners’ claims. Subject to and without waiving
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the foregoing general and specific objections, Respondent provides the following information about the medical staff at MCC:

Name Robert Beaudouin
Cheryl Ancrum Chae Un Chong Chidubem Okafor Terrance Thomas Mark Yonnone
Ismael Joaquin
Mandeep Singh Yoon Kang Sandra Esguerra
Jessibell Mueses

Title
Acting Clinical Director (Aug. 2018-present); Medical Officer (201418) Chief Dentist (Mar. 2019-present) Chief Pharmacist (Apr. 2016-present) Psychiatrist (for approx. 4 years) Health Services Admin. (Mar. 2019-present) Asst. Health Services Admin. (Oct. 2016present) Mid-Level Practitioner (20+ years)
Physician Assistant (for approx. 3-4 years) Physician Assistant (Apr. 2019-present) Registered X-Ray Technologist (2009present) Certified EKG and phlebotomist technician (Feb. 2019-present)

Qualif. M.D.

Schedule M-F 7:30-4:00

Foreign
Language French

D.D.S.

M-F 7:00-3:30

Pharm. D. M-F 7:30-4:00

D.O.

M-F 7:30-4:00

R.N., Mast. Health Serv.
Licensed paramedic

M-F 7:30-4:00 M-F 7:30-4:00

Foreign Medical Graduate P.A.
P.A.

M-F 6:00-2:30 Spanish

Thu-Mon

Hindi,

2:00pm-10:00pm Punjabi

M-F 7:30-4:00

M-F 8:00-4:00

M-F 8:00-2:00 Spanish

In addition, certain medical staff from other BOP facilities have been brought in to assist MCC medical staff on a temporary basis. Furthermore, all MCC medical staff have access to a service called Language Line, which offers telephonic simultaneous translation for healthcare encounters.

Interrogatory No. 11:
Describe all actions taken by the MCC since March 1, 2020 to obtain COVID-19 tests and testing equipment, including who took such actions, when such actions were taken, the nature of the actions taken, from whom such tests and testing equipment was sought, and the results of such actions.

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Case 1:20-cv-03315-ER Document 54-25 Filed 05/27/20 Page 10 of 15 Response: Respondent objects to Interrogatory No. 11 on the specific grounds that it is vague and overbroad. Subject to and without waiving the foregoing general and specific objections, MCC placed its first order for COVID-19 test kits on 4/10/20, and has placed several orders since then. The orders have been placed by Dr. Robert Beaudouin, MCC’s medical director. MCC uses two vendors for these tests: Quest Diagnostics (which will supply a maximum of 10 kits per order) and LabCorp (which will supply a maximum of 5 kits per order). As of May 12, MCC has 32 test kits on hand and has ordered more. Furthermore, since the court hearing on May 4, MCC has inquired again with BOP as to whether it can get a rapid testing machine for COVID-19. See generally https://www.bop.gov/resources/news/20200424_ expanded_testing.jsp. MCC has just received this machine (on May 14) but it is not yet operational; MCC medical staff plans to use the machine to test all new inmates and symptomatic inmates. The machine will have the capacity to perform up to 250 tests per week.
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Case 1:20-cv-03315-ER Document 54-25 Filed 05/27/20 Page 11 of 15 AS TO INTERROGATORY RESPONSES 1-2 (except with respect to housing assignments), 35, 7 (with respect to staff members who have tested positive for COVID-19), 8 (with respect to inmates), AND 10-11 ONLY:
I, Robert Beaudouin, M.D., state under penalty of perjury pursuant to the provisions of 28 U.S.C. § 1746, that these responses are true and correct to the best of my knowledge, information and belief. Dated: New York, New York
May 15, 2020 __s/Robert Beaudouin/JDB_____________ Robert Beaudouin, M.D. Acting Clinical Director
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AS TO THE INMATE HOUSING INFORMATION PROVIDED IN RESPONSE TO INTERROGATORY NOS. 1, 2, AND 3 ONLY:
I, Adam M. Johnson, Deputy Regional Counsel for the Northeast Regional Office of the Bureau of Prisons (“BOP”), state under penalty of perjury pursuant to the provisions of 28 U.S.C. § 1746, that the housing information used to respond to Interrogatory Nos. 1, 2, and 3, was provided to me by BOP employees whose duties and responsibilities include providing data and information from BOP’s electronic information systems and the information is true and correct to the best of my knowledge, information and belief. Dated: New York, New York
May 15, 2020 ____s/ Adam M. Johnson/JJH_____________ ADAM M. JOHNSON Deputy Regional Counsel Northeast Regional Office Bureau of Prisons
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AS TO INTERROGATORY RESPONSE 6 ONLY: I, Adam M. Johnson, Deputy Regional Counsel for the Northeast Regional Office of the
Bureau of Prisons (“BOP”), state under penalty of perjury pursuant to the provisions of 28 U.S.C. § 1746, that the information provided in response to Interrogatory No. 6 was provided to me by employees at the Metropolitan Correctional Center who have access to this information in the normal course of performing their duties and responsibilities and the information is true and correct to the best of my knowledge, information and belief. Dated: New York, New York
May 15, 2020 ____s/ Adam M. Johnson/JJH_____________ ADAM M. JOHNSON Deputy Regional Counsel Northeast Regional Office Bureau of Prisons
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Case 1:20-cv-03315-ER Document 54-25 Filed 05/27/20 Page 15 of 15

AS TO OBJECTIONS AND RESERVATIONS OF RIGHTS:

Dated: New York, New York May 15, 2020

GEOFFREY S. BERMAN United States Attorney for the Southern District of New York
Attorney for Respondent

By:

/s/ Jean-David Barnea

JEAN-DAVID BARNEA

JESSICA JEAN HU

ALLISON M. ROVNER

Assistant United States Attorneys

86 Chambers Street, 3rd Floor

New York, New York 10007

Tel.: 212.637.2679/26762691

Fax: 212.637.2686

Email: Jean-David.Barnea@usdoj.gov

Jessica.Hu@usdoj.gov

Allison.Rovner@usdoj.gov

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EXHIBIT 26

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EXHIBIT 27

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Date: Time:

05/12/2020 01:19 PM

Message
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Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
1<0.6

Facility: DC
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EXHIBIT 28

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Date: Time:

05/13/2020 07:08 AM

Message
FROM: Executive Assistant TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 04/27/2020 06:52 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

Facility: DC
,10$7(

Good morning,

This request has been sent to the appropriate departments for review.

Thank you

>>> To: Mr. Plourde Inmate Work Assignment: None

@inmatemessage.com> 4/26/2020 1:29 PM >>>

Sorry to keep bothering you with things. But we need help with things in 11 South. The are not getting the disinfectant cleaning stuff. We need new mop heads. The ones we have were given over a month ago, and stink real bad. We have no laundry soap to use for the washing machine. Those of us that went to Oatisville were given underwear and socks. I am still in the same underclothing and socks I was given in Oatisville, and I am back at the MCC Bldg from March 9. This is crazy. I have asked over and over, and submitted clothing requests forms for the underwear, t-shirts, and socks. I hope that you can help in this matter. Thank you, and I hope you have a good Sunday.

20 Civ. 3315

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MCC 1149

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EXHIBIT 29

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Date: Time:

05/13/2020 07:16 AM

Message
FROM: TO: Unit Team 9/11 SUBJECT: ***Request to Staff*** DATE: 03/17/2020 09:26 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
, NYM-I-N

To: anyone Inmate Work Assignment: na

plaese help medical sick call not being answered

Facility: DC
,10$7(

20 Civ. 3315

Subject to Protective Order

MCC 1173

Case 1:20-cv-03315-ER Document 54-30 Filed 05/27/20 Page 1 of 2
EXHIBIT 30

Case 1:20-cv-03315-ER Document 54-30 Filed 05/27/20 Page 2 of 2

Date: Time:

05/13/2020 07:15 AM

Message
FROM: TO: Unit Team 5/7 SUBJECT: ***Request to Staff*** DATE: 04/06/2020 12:01 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
, NYM-E-N

Facility: DC
,10$7(

To: Inmate Work Assignment: none

I dont have any soap to clean with hygiene wise. can we be provided with soap since we wont be able to purchase any from commisary.

20 Civ. 3315

Subject to Protective Order

MCC 1165

Case 1:20-cv-03315-ER Document 54-31 Filed 05/27/20 Page 1 of 4
EXHIBIT 31

Case 1:20-cv-03315-ER Document 54-31 Filed 05/27/20 Page 2 of 4

Date: Time:

05/13/2020 07:17 AM

Message
FROM: TO: Warden SUBJECT: ***Request to Staff*** DATE: 05/07/2020 07:11 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
, NYM-G-N

Facility: DC
,10$7(

To: ETC Inmate Work Assignment: N/A

IM WRITING BECAUSE I HAVE NOT BEEN SHOP HIGGINS LIKE SOAP TOUTH BRUSH TOUTH PASTE AND OTHERS IN LIKE TREE WEEKS WE ARE POSE TO BE DISINFECTING AND YALL NOT GIVING US THE PROPER ITEMS. ALSO WE HAVE NOT GET ANY CRINING SUPPLIES FOR ARE CELLS,TIERS AND BATHROOMS AND WE ARE ALSO POSE TO BE DISINFECTING THOSE AREAS FREQUENTLY THIS BEEN GOING ON FOR THE PAST TREE MONTH

20 Civ. 3315

Subject to Protective Order

MCC 1178

Case 1:20-cv-03315-ER Document 54-31 Filed 05/27/20 Page 3 of 4

Date: Time:

05/13/2020 07:17 AM

Message
FROM: Warden TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 03:07 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

Facility: DC
,10$7(

Your issue has been forwarded to the Facilities Department

>>> On 5/5/2020 at 2:42 PM, in message <TLPRCDSMillFgkLscNA0001afa3@TLPRCDSM.trulincs.bop.gov>, @inmatemessage.com> wrote:

To: Ms.Vitale Inmate Work Assignment: i.c

Good morning,i'm a inmate in 5south,11teir,i haven't had runnin water in six days,i've ask plenty c.o's for help,they say it's coming,still it's been six days,can not wash hands or brush my teeth,please help!

20 Civ. 3315

Subject to Protective Order

MCC 1185

Case 1:20-cv-03315-ER Document 54-31 Filed 05/27/20 Page 4 of 4

Date: Time:

05/13/2020 07:17 AM

Message
FROM: Warden TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 03:07 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

Facility: DC
,10$7(

Your issue has been forwarded to the Facilities Department

>>> On 5/5/2020 at 2:19 PM, in message <TLPRCDSMIkyPzGNsokL0001aea4@TLPRCDSM.trulincs.bop.gov>, @inmatemessage.com> wrote:

To: MS. VITALE Inmate Work Assignment: FOOD SERVICE

I CAME BACK FROM A WRIT AND THE CELL I WAS PLACED IN HADE NO SINK AS OF NOW ITS BEEN 6 DAYS WITH NO RUNNING WATER I TOLD EVERYONE ABOUT THE PROBLEM I AM A CADRE INMATE IN WITH PRETRIAL I UNDERSTAND THE SITUATION AT HAND BUT CRETIN PROCEDURES NEED TO BE DINE AND I DON'T KNOW WHO ELSE TO CONSULT ABOUT MY PROBLEM THANK YOU FOR YOUR TIME AND CONCERNS

20 Civ. 3315

Subject to Protective Order

MCC 1186

Case 1:20-cv-03315-ER Document 54-32 Filed 05/27/20 Page 1 of 3
EXHIBIT 32

Case 1:20-cv-03315-ER Document 54-32 Filed 05/27/20 Page 2 of 3

LITIG. NO.

DATE

DATE OFF

QUARANTINED QUARANTINE

519

552

3/23/2020

223

3/23/2020

136

3/26/2020

56

3/23/2020

23

740

519

3/28/2020

388 269 333 214 755

3/26/2020 3/27/2020

505

763

4/18/2020

493 373

56

149

47

4/5/2020

56

520

566

4/5/2020

613

4/6/2020

45

511

4/27/2020

226

369 420

105

659 548

677 225 355

TEST DATE
3/24/2020

TEST (PENDING / NEG/POS)
Negative

DATE ISOLATED
3/23/2020

3/23/2020 3/26/2020 3/26/2020
3/27/2020

POSITIVE POSITIVE POSITIVE POSITIVE
Not Tested/Return

3/24/2020
3/26/2020
3/26/2020
3/27/2020
3/27/2020 3/27/2020 3/28/2020 3/28/2020 3/29/2020 3/29/2020 3/30/2020 3/30/2020

4/15/2020

NEGATIVE

3/30/2020 3/31/2020

4/1/2020 4/2/2020

4/2/2020

4/3/2020 4/5/2020
4/5/2020

4/6/2020

4/6/2020 4/6/2020

4/8/2020

POSITIVE

4/7/2020 4/8/2020 4/8/2020

4/8/2020 4/8/2020

4/9/2020

4/9/2020 4/10/2020

4/24 & 4/27

NEG

4/11/2020 4/16/2020 4/24/2020

DATE OFF ISOLATION
3/27/2020
4/8/2020 4/10/2020
4/18/2020 4/18/2020 4/14/2020 4/19/2020 4/13/2020 4/13/2020 4/13/2020 4/13/2020 4/18/2020 4/10/2020
4/14/2020 4/18/2020
4/16/2020 4/18/2020
4/18/2020
4/18/2020 4/18/2020 4/18/2020
4/21/2020
4/20/2020 4/22/2020
4/22/2020 4/27/2020 4/23/2020
4/22/2020 4/22/2020
4/22/2020
4/24/2020 4/26/2020
4/21/2020 4/30/2020 4/29/2020

HOSPITAL DATE IN
3/23/2020 3/23/2020 3/26/2020 3/26/2020 3/27/2020
3/28/2020

HOSPITAL DATE OUT

ADDITIONAL INFORMATION

3/25/2020

UNIT 3

3/24/2020 3/26/2020

UNIT 3 FROM SHU TO 11 SOUTH

3/26/2020 3/28/2020
3/28/2020

UNIT 3/MOVED TO 11 SOUTH
SHU- Z01-102LAD UNIT 3 UNIT 3 UNIT 3 UNIT 3 SHU - G TIER/MOVED TO 7 NORTH UNIT 3 FROM SHU TO 11 SOUTH UNIT 3/MOVED TO 11 SOUTH

UNIT 3 UNIT 3

SYMPTOMS/TREATMENT
SX: FEVER, BODY ACHE, DYSPNEA. PLAN; SENT TO THE HOSPITAL,NOT ADMITTED SX:COUGH, HEADACHE, FEVER, CHILLS, BODYACHE. PLAN: SENT TO HOSPITAL SX: COUGH, CHEST PAIN,FEVER, CHILLS. PLAN: TO HOSP SX: COUGH,WEAKNESS, FEVER, DSYPNEA. HX OF ASTHMA. PLAN: SENT TO HOSPITAL SX: DIZZINESS, CHEST PAIN, DYSPNEA, BODY ACHES, FEVER. PLAN:SENT TO HOSPITAL 0N/27/20 DISCHARGED ON 3/28 SX: FEVER, WEAKNESS, DIZZINESS. RX : TYLENOL SX: HEADACHE, COUGH, FEVER, CHILLS, RX: TYLENOL, SX: NOT IMPROVING. PLAN: RESENT TO THE HOSPITAL. NOT RE-TESTED.
SX: FEVER, CHILLS. HEADACHE. RX: TYLENOL SX: FEVER, CHILLS. BODY ACHE RX: TYLENOL SX: COUGH, FEVER, DIZZINESS. RX: TYLENOL. SX: FEVER,MCOUGH, DYSPNEA. RX: TYLENOL I/M IS NOT AT MCC. I DO NOT HAVE ACCESS TO HIS CHART SX: COUGH, DYSPNEA, LOSS OF TASTE/APPETITE, HEADACHE> RX: TYLENOL. NOT AT MCC. I DO NOT HAVE ACCESS TO HIS MED RECORDS.

4/1/2020

4/2/2020

UNIT 3 UNIT 3
SHU -Z01-102LAD

SX: COUGH, DYSPNEA, FEVER, CHILLS, LOW BACK PAIN RX: TYLENOL. SX: COUGH, LOSS OF TATE, BODY ACHES. RX: TYLENOL. SX: NO IMPROVEMENT SENT BACK TO HOSPITAL ON 4/1 ND DISCHARGED ON 4/2/20

4/5/2020 4/8/2020

4/5/2020 4/8/2020

UNIT 2. ISOLATED IN SINGLE CELL UNIT 2. ISOLATED IN SINGLE CELL SHU -G TIER
SHU - G TIER
UNIT 2. ISOLATED IN SINGLE CELL UNIT 3
UNIT 3 UNIT 3. NEGATIVE ON 4/27/20 UNIT 3
UNIT 3 UNIT 3

SX: PRODUCTIVE COUGH, FEVER, CHILLS. RX: TYLENOL, DOXYCYCLINE. SX: FEVER. RX: TYLENOL
ON ISOLATION POST HOSPITAL DISCHARGE SX: COUGHM FEVER, CHILLS, LOSS OF TASTE, CONSTIPATION . RX: TYLENOL, COLACE SX: HEADACHE, NASLA CONGESTION,FEVER, SORE THROAT RX: AMOXICILIN , TYLENOL SX: FEVER, HEADACHE. RX: TYLENOL. SX: DYSPNEA, COUGH, LOSS OF TASTE, SMELL, APPETITE. PLAN: CXR : ? PNEUMONIA. RX: LEVAQUIN TYLENOL SX: NONE. TESTED AT NY EYE AND EAR PRIOR TO PROCEDURE. SX: FEVER, HEADACHE, NO APPETITE. RX" TYLENOL. SX: DRY COUGH LOSS OF TASTE. PLAN >> CXR: PATCHY INFILTRATE ( PNEUMONIA). PLACED ON LEVAQUIN( ANTIBIOTIC) + TYLENOL. SX:DRY COUGH, LOSS OF TASTE & APPETITE. RX: TYLENOL.

UNIT 3
UNIT 3 UNIT 3
UNIT 5 SOUTH NEW INTAKE TO UNIT 3. 5 NORTH TO UNIT 3.

SX: COUGH,FEVER, WEAKNESS, LOSS OF TASTE. PLAN: TYLENOL, CXR: NEG SX: FEVER, BODYACHE, WEAKNESS. PLAN>> CXR: PNEUMONIA. RX: LEVAQUIN TYLENOL SX: CHILLS, HEADACHE, FEVER, BODY ACHE . RX" TYLENOL SX: DRY COUGH, HEADACHE, BODY ACHES, LOSS OF TASTE/ SMELL. RX : TYLENOL
LOSS OF SMELL/TASTE, BODY ACHES, DYSPNEA. RX: TYLENOL.

20 Civ. 3315

Subject to Protective Order

MCC 0197

Case 1:20-cv-03315-ER Document 54-32 Filed 05/27/20 Page 3 of 3

695

122

4/9/2020

303

4/9/2020

476

4/9/2020

462

4/10/2020

368

4/13/2020

366

4/17/2020

732

4/17/2020

572

4/18/2020

365

4/22/2020

249

4/27/2020

383

4/27/2020

714

4/27/2020

730

4/27/2020

757

4/30/2020

98

5/1/2020

492

5/2/2020

758

5/4/2020

762

5/4/2020

759

5/4/2020

756

5/5/2020

753

5/7/2020

754

5/7/2020

760

5/7/2020

761

5/7/2020

203

5/8/2020

293

5/11/2020

4/23/2020 4/24/2020 4/24/2020 4/24/2020 4/28/2020 5/4/2020 5/4/2020
5/4/2020 5/11/2020 BAILED 5/5/20 5/11/2020 5/11/2020 5/11/2020

5/5, 5/7

5/11/2020

NEG NEGATIVE

5/5/2020

5/8/2020

5SOUTH ( E 10) TO E 8) SHU - G TIER/MOVED TO 11 SOUTH UNIT 3/MOVED TO 11 SOUTH UNIT 3 UNIT 3 UNIT 3

SX: DRY COUGH, LOSS OF TASTE, NASAL CONGESTION, SWEATS. Rx: TYLENOL AND FLONASE

4/29/2020 5/1/2020

5/1/2020 5/2/2020

UNIT 3 . NEW INTAKE UNIT 3 . NEW INTAKE UNIT 3 . NEW INTAKE UNIT 3 . NEW INTAKE UNIT 3 . NEW INTAKE UNIT 3 . NEW INTAKE UNIT 3. FROM MED TRIP UNIT 3 FROM MED TRIP UNIT 3 . NEW INTAKE UNIT 3 . NEW INTAKE UNIT 3 . NEW INTAKE UNIT 3 NEW INTAKE 5 SOUTH NEW INTAKE 5 SOUTH NEW INTAKE 5 SOUTH NEW INTAKE 5 SOUTH NEW INTAKE FROM 7 S TO UNIT 3 UNIT 3 INTAKE, ON 4/30/2020

SCHEDULED MED TRIP ON 5/8/20 SCHEDULED MED TRIP ON 5/11/20

20 Civ. 3315

Subject to Protective Order

MCC 0198

Case 1:20-cv-03315-ER Document 54-33 Filed 05/27/20 Page 1 of 5
EXHIBIT 33

Case 1:20-cv-03315-ER Document 54-33 Filed 05/27/20 Page 2 of 5

20 Civ. 3315

Subject to Protective Order

MCC 1747

Case 1:20-cv-03315-ER Document 54-33 Filed 05/27/20 Page 3 of 5

20 Civ. 3315

Subject to Protective Order

MCC 1748

Case 1:20-cv-03315-ER Document 54-33 Filed 05/27/20 Page 4 of 5

20 Civ. 3315

Subject to Protective Order

MCC 1749

Case 1:20-cv-03315-ER Document 54-33 Filed 05/27/20 Page 5 of 5

20 Civ. 3315

Subject to Protective Order

MCC 1750

Case 1:20-cv-03315-ER Document 54-34 Filed 05/27/20 Page 1 of 3
EXHIBIT 34

Case 1:20-cv-03315-ER Document 54-34 Filed 05/27/20 Page 2 of 3

20 Civ. 3315

MCC 1914

Case 1:20-cv-03315-ER Document 54-34 Filed 05/27/20 Page 3 of 3

20 Civ. 3315

MCC 1915

Case 1:20-cv-03315-ER Document 54-35 Filed 05/27/20 Page 1 of 2
EXHIBIT 35

Case 1:20-cv-03315-ER Document 54-35 Filed 05/27/20 Page 2 of 2

From: To:
Cc: Subject: Attachments:

Charisma Edge Brett Eklund; Dion Rivera; Flor Olivares; Ivy Jenkins-Cardew; Joy Aassiddaa; Michael Cannata; Nathaniel Bullock; Norman Reid; Olga Flores; Rosa Proto; Stacey Harris; Stephen A. Espinet; Sharon Griffith-McKnight; Shavon Patterson; Tyrone Covington; Zuleika Gardner Brian Best; Charisma Edge; Edwin Baez; Lee Plourde; Marti Licon-Vitale; NYM/Union~@bop.gov; Robert Hazlewood; Shirley V. Skipper-Scott Return to Unit Team Charisma Edge.vcf

Good Morning,
Effective on Sunday, April 26, 2020, all Unit Team staff will be returned to their assigned position and work schedule to facilitate their regular unit team assignments, i.e., legal mail, legal phone calls, intake screening, compassionate release, etc.
Thank you all for assisting custody with the 12 hour roster implementation.
Charisma Edge Associate Warden MCC New York 150 Park Row New York, NY 10007 646-836-6300 ext. 6451 cedge@bop.gov NYM/AW-Programs~@bop.gov

MCC 2892

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 1 of 55
EXHIBIT 36

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 2 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/11/2020 10:02 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

Your refill has been requested. The bureau does not recommend the antibody test as it is not accurate enough to give proper results.

>>> ~^!" To: pharmacy Inmate Work Assignment: none

@inmatemessage.com> 5/10/2020 6:08 PM >>>

this is my second request for medication refill,also i need the anti body test to see if i was exposed to covid-19 and fought it off because a m0onth ago i could not taste or smell aything for a week and a half.

20 Civ. 3315

Subject to Protective Order

MCC 0201

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 3 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 05/10/2020 05:08 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

, NYM-E-S

Facility: DC

To: pharmacy Inmate Work Assignment: none

this is my second request for medication refill,also i need the anti body test to see if i was exposed to covid-19 and fought it off because a m0onth ago i could not taste or smell aything for a week and a half.

20 Civ. 3315

Subject to Protective Order

MCC 0202

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 4 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 05/07/2020 08:25 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

, NYM-E-S

Facility: DC

To: SICK CALL Inmate Work Assignment: NONE

I WOULD LIKE TO BE TESTED FOR THE ANTI BODIES OF COVID-19 ABOUT A MONTH AGO I HAD SYMPTOMS WITH LOSS OF TASTE AND SMELL, SO NOW I WOULD LIKE THE NEW ANTI BODIE TEST, TO BE SAFE YES MY SMELL AND TASTE CAME BACK BUT BUT ITS STILL NOT AS STRONG AS IT USED TO BE.

20 Civ. 3315

Subject to Protective Order

MCC 0203

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 5 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 05/07/2020 08:20 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

, NYM-K-N

Facility: DC

To: P.A Kang Inmate Work Assignment: N/A

I been having alot of chest pain lately its also starting to effect my breathing i feel like its getting harder for me to breath when i be working out i be feeling like im about to pass out i would like to get that check ASAP PLEASE HELP ME MS.KANG!!

20 Civ. 3315

Subject to Protective Order

MCC 0204

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 6 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 05/05/2020 08:08 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-E-N

Facility: DC

To: Dr. Beaudoin Inmate Work Assignment: na

Thank you!! -----Sick Call on 5/5/2020 9:22 AM wrote:

> You will be placed on callout to pick up your records.

>>> ~^ To: Dr. Beaudoin Inmate Work Assignment: na

@inmatemessage.com> 5/1/2020 1:23 PM >>>

Hi Dr. Beaudoin

My attorney has been asking me for a copy of my medical records so he could submit a motion to the court for my early release due to my health conditions and my increase risk of contracting COVID 19 with dire consequences. I messaged medical records March 31, April 21, and again today with no reply and no medical records being given to me. I have messaged several other people who I know and still haven't been able to get a copy of them. Could you please look into this for me? I really need these records so he can prove I qualify for an early release due to my medical history and my court date is June 11 only 6 weeks away.

Thank you so much!!

20 Civ. 3315

Subject to Protective Order

MCC 0205

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 7 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 11:52 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

Scheduled for sick call.

>>> ~^! To: sick call Inmate Work Assignment: none

@inmatemessage.com> 4/22/2020 3:07 PM >>>

I have attempts to be seen in sick call. my asthma symptoms have been bad lately and the abuterol inhaler is not sufficient to control the situation.

20 Civ. 3315

Subject to Protective Order

MCC 0206

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 8 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 11:37 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

Scheduled for sick call.

>>> ~ To: sick call Inmate Work Assignment: none

@inmatemessage.com> 4/22/2020 3:07 PM >>>

I have attempts to be seen in sick call. my asthma symptoms have been bad lately and the abuterol inhaler is not sufficient to control the situation.

20 Civ. 3315

Subject to Protective Order

MCC 0207

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 9 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 11:22 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

Scheduled for sick call.

>>> ~^! To: Inmate Work Assignment: medical

@inmatemessage.com> 4/16/2020 9:39 AM >>>

MY CHEST HURTS , I AM IN PAIN . AND I NEED MEDICAL ASSSISTANCE . . . i keep requesting help .. my breaths are short . i b having pains in my lower back . . i need help . i need to go out for my outside appointment to see wats wrong with me

20 Civ. 3315

Subject to Protective Order

MCC 0208

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 10 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 11:02 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

Scheduled for sick call.

>>> To: Doctor Inmate Work Assignment: PRETRIAL

@inmatemessage.com> 3/15/2020 8:53 AM >>>

Hello, I have been sick for the past three days. I have been coughing as well as mild fever. I haven't been able to sleep because of the coughing and discomfort. My Attornys from Isreal had come to visit me a few weeks ago and my cell mate has been requesting I goto medical to deal with this. Please call me down so I can get checked out. Thanks

20 Civ. 3315

Subject to Protective Order

MCC 0209

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 11 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 10:32 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

Scheduled for sick call.

>>> To: mr thomas Inmate Work Assignment: none

@inmatemessage.com> 4/22/2020 8:57 PM >>>

good day hope all is well im writing you again cause im still having pain in my upper chest area still have not had an ekg yet just want to make sure everyhting is ok casue time an time i have trouble breathing and also i need something too help me use the bathroom please and thank you

20 Civ. 3315

Subject to Protective Order

MCC 0210

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 12 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 09:22 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

You will be placed on callout to pick up your records.

>>> ~ To: Dr. Beaudoin Inmate Work Assignment: na

@inmatemessage.com> 5/1/2020 1:23 PM >>>

Hi Dr. Beaudoin

My attorney has been asking me for a copy of my medical records so he could submit a motion to the court for my early release due to my health conditions and my increase risk of contracting COVID 19 with dire consequences. I messaged medical records March 31, April 21, and again today with no reply and no medical records being given to me. I have messaged several other people who I know and still haven't been able to get a copy of them. Could you please look into this for me? I really need these records so he can prove I qualify for an early release due to my medical history and my court date is June 11 only 6 weeks away.

Thank you so much!!

20 Civ. 3315

Subject to Protective Order

MCC 0211

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 13 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: Sick Call TO: SUBJECT: RE:***Inmate to Staff Message*** DATE: 05/05/2020 08:47 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH

Facility: DC

You are scheduled for sick call.

>>> ~^ To: Inmate Work Assignment: none

@inmatemessage.com> 5/4/2020 9:14 AM >>>

since we been on covid lockdown i havent stopped coughing up blood im not sure if its anything in paticular but it hasnt stopped this is the 1rst time i been able to put it a sick call on the computer in a long time im not sure why

20 Civ. 3315

Subject to Protective Order

MCC 0212

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 14 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 05/04/2020 08:14 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-I-N

Facility: DC

To: Inmate Work Assignment: none

since we been on covid lockdown i havent stopped coughing up blood im not sure if its anything in paticular but it hasnt stopped this is the 1rst time i been able to put it a sick call on the computer in a long time im not sure why

20 Civ. 3315

Subject to Protective Order

MCC 0213

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 15 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 05/01/2020 12:23 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-E-N

Facility: DC

To: Dr. Beaudoin Inmate Work Assignment: na

Hi Dr. Beaudoin

My attorney has been asking me for a copy of my medical records so he could submit a motion to the court for my early release due to my health conditions and my increase risk of contracting COVID 19 with dire consequences. I messaged medical records March 31, April 21, and again today with no reply and no medical records being given to me. I have messaged several other people who I know and still haven't been able to get a copy of them. Could you please look into this for me? I really need these records so he can prove I qualify for an early release due to my medical history and my court date is June 11 only 6 weeks away.

Thank you so much!!

20 Civ. 3315

Subject to Protective Order

MCC 0214

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 16 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/30/2020 07:36 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
, NYM-K-N

Facility: DC

To: Doctor Inmate Work Assignment: Doctor

Hello,

The medical staff at the MCC in January told me that I may have a heart issue. They said, that I need to have an EKG and Ultrasound. Until now, I have not been given either. Can I please at least get the EKG? I am pretty concerned, especially after I had contracted the coronavirus. I am feeling much better than before but still coughing. Can I get something for the cough and see the doctor?

Can you schedule an EKG?

Thank you, Fred

20 Civ. 3315

Subject to Protective Order

MCC 0215

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 17 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/22/2020 07:57 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: mr thomas Inmate Work Assignment: none

good day hope all is well im writing you again cause im still having pain in my upper chest area still have not had an ekg yet just want to make sure everyhting is ok casue time an time i have trouble breathing and also i need something too help me use the bathroom please and thank you

20 Civ. 3315

Subject to Protective Order

MCC 0216

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 18 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/22/2020 02:07 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-K-S

Facility: DC

To: sick call Inmate Work Assignment: none

I have attempts to be seen in sick call. my asthma symptoms have been bad lately and the abuterol inhaler is not sufficient to control the situation.

20 Civ. 3315

Subject to Protective Order

MCC 0217

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 19 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/22/2020 12:54 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-G-S

Facility: DC

To: Inmate Work Assignment: medical

I Got teamed By the sort Team Back in March And I complained about Not being able to breath since i was hit with a granade and alot of mase , unnessasary use of mase and paint balls and granades and My breathing has been not normal and after the team i was placed in Hard restraints , and the cuffs were so tight that my wrist on my left hand still has no felling , i keep requesting medical help and medical records to ensure that my medical issues are being placed on file and nobody is doing nothing .. i would also file a bp9 but we have no UNIT TEAM ... i need my medical assistance . i just also had chest pains last week and wrote a cop out and nothing happed

20 Civ. 3315

Subject to Protective Order

MCC 0218

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 20 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/17/2020 03:05 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: ANY MEDICAL STAFF Inmate Work Assignment: M.D

IVE BEEN EXPERIENCING SHORT BREATH,WEEZING , CHEST PAINS ,AND MY RIGHT ARM IS GOING TO SLEEP .... I EXPLAIN THIS TO SOME OF THE STAFF , MEDICAL (MR. CING) WHEN THEY WALK IN THE AM AND THE EVENING ....I KNOW YOU HAVE ALOT OF WORK BUT I WOULD REALLY APPRECIATE IT IF YOU GET BACK TO ME . THANK YOU

20 Civ. 3315

Subject to Protective Order

MCC 0219

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 21 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/17/2020 10:00 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-K-S

Facility: DC

To: sick call Inmate Work Assignment: none

my atsthma symptoms have been increaslingly bad. the rescue inhaler has not been enought to control the symptoms

20 Civ. 3315

Subject to Protective Order

MCC 0220

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 22 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/16/2020 02:23 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
, NYM-G-N

Facility: DC

To: etc Inmate Work Assignment: etc

I been asking for my ashuma pump for a week now and my chest been giving me problems when I breath I been telling the nurses and the staffs

20 Civ. 3315

Subject to Protective Order

MCC 0221

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 23 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/16/2020 08:39 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-G-S

Facility: DC

To: Inmate Work Assignment: medical

MY CHEST HURTS , I AM IN PAIN . AND I NEED MEDICAL ASSSISTANCE . . . i keep requesting help .. my breaths are short . i b having pains in my lower back . . i need help . i need to go out for my outside appointment to see wats wrong with me

20 Civ. 3315

Subject to Protective Order

MCC 0222

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 24 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/15/2020 01:23 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-K-S

Facility: DC

To: sick call Inmate Work Assignment: none

I have asthma. Been having difficulty breathing lately and the abuterol inhaler has not been sufficient. Informed Med Line on both AM and PM shifts, Was told to put in a sick call request. Informed C/O on duty today, and was again told to put in sick call request. I need access to a nebulizer.

20 Civ. 3315

Subject to Protective Order

MCC 0223

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 25 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/15/2020 12:19 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-K-N

Facility: DC

To: Mrs.Khang, Mr.Columbo Inmate Work Assignment: N/A

My respiratory system is not well. My lungs are always aching me and this is not normal for me at all, on the inhale is pain occasionally and consistantly at the sametime, i hope that makes since. And i swear its like i can only smell the inside of my body for at least the last week unless there a very strong other odor! Im truly scared, i heard on the radio people are dying from lung issues without any fever and i dont want to be one of them. I dont have any prior lung problems or respiratory issues this is not suppose to be happening!

20 Civ. 3315

Subject to Protective Order

MCC 0224

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 26 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/08/2020 01:03 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
, NYM-K-N

Facility: DC

To: M.D Inmate Work Assignment: medical

to anyone that works in medical department thats willing to help ive been putting in several request because my asthma is giving me problems ... it keeps me up most of the night . i can not sleep .my chest , constant cough that i can not control , short breathing, weezing... its very over whilming .... please if you can response back ( the least ) if you are busy.thank you enjoy your day

20 Civ. 3315

Subject to Protective Order

MCC 0225

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 27 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/08/2020 12:39 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-G-N

Facility: DC

To: etc Inmate Work Assignment: n/a

i been having a lot of leg pain i been telling staff about my conditions also i been having chest pains and i have asthma. i been lock in the cell for days at a time . i havent been seen by physc or anything. all of this is overwhelming .

20 Civ. 3315

Subject to Protective Order

MCC 0226

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 28 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/08/2020 10:42 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: Doctor Inmate Work Assignment: Doctor

Hello, I am currently in 11 North. For the past 10 days I have experienced sysmptons related to the coronavirus. I have had the chills, body aches, fatigue and experienced heavy coughing. I find it hard to breathe at times. I avoid taking deep breathes because it feels like my lungs get congested or filled with some type of fluid.

Most of the people in my tier are sick. I would say 13 out of the 16 inmates in my tier are sick. The quarantine is a good idea. I know not much can be done but is it possible to get some type of medication that will help alleviate the coughing? What about taking an antibiotic like Z-pak? This feels like a respiratory illness and I don't think the coughing will entirely go away without antibiotics.

Thank you

20 Civ. 3315

Subject to Protective Order

MCC 0227

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 29 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/08/2020 10:02 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: dr robert beaudoin Inmate Work Assignment: n/a

POR ESTE medio una ves mas les informo que necesito ayuda medica desde la semana pasada e presentado todos los sintimas del cora virus el primer dia fiebre me tome algo y me la quito mucho dolor de cuerpo una toz interminable que de tanto toser me duelen los punmones pechos y garganta ,dolor de cabeza ,no tengo olfato no tengo gusto ,pero lo mas terrible es la toz no me deja ni rispeirar bien me a dado vomito de tanto que toso el viernes me ausste mucho y me le reporte a la guardia grifit y me dijo que no me reportara que no ahy medicos y lo que podia llevarme para la caja ese dia medio fiebre en la madrugada y de tanto que vomite .solo les quiero decir aqui todos en esta unidad tenemos sintomas estamos de una manera u otra afectado por el virus solo que no presentamos fiebre si ustedes hacen un revision todos las tenemos espero que tomen esto en cuenta y me ayuden al menos controlar esta toz es muy decesperante todo lo que como lo bomito por que dure 4 diaz sin apetito no es que tengo mucho pero mas que ante si pero no puedo comer nada vomito todo grax por su atencion es[erp tomen esto en cuenta gracias

20 Civ. 3315

Subject to Protective Order

MCC 0228

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 30 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/07/2020 12:07 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: DOCTOR B Inmate Work Assignment: M.D MEDICAL

ASTHMA IS BOTHERING ME THE PUMP DOESN'T WORK NEED ASSISTANCE PLEASE TIGHT CHEST CONSTANT COUGH

20 Civ. 3315

Subject to Protective Order

MCC 0229

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 31 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/06/2020 12:22 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-N

To: Inmate Work Assignment: NONE

I GOT ASMA I STAR HAVE BEEN PROBLEM TO BREATH PLIZ HELP ME DONT LET ME DAETH

Facility: DC

20 Civ. 3315

Subject to Protective Order

MCC 0230

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 32 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 04/03/2020 12:37 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: MR ROBERT . B MD Inmate Work Assignment: NA

MY ASTHMA PUMP NOT WORKING MY CHEST BEEN GETTING TIGHT I BEEN HAVING SHORT OF BREATH AND COUGHI NEED TO GET A FALLOW UP ON MY ASTHMA ASAP THANK YOU !!!

20 Civ. 3315

Subject to Protective Order

MCC 0231

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 33 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/30/2020 12:30 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-G-N

Facility: DC

To: Inmate Work Assignment: NONE

I NEED A ASMAH PUMP AS SOOM AS POSSIBLE BEEN SHORT OF BREATH AND ON VERGE OF A ASMAH ATTACK AND MAY NEED TO SEE A DOCTOR FOR THE 10TH TIME IM WRITTING TO ASK TO SEE A DOCTOR

20 Civ. 3315

Subject to Protective Order

MCC 0232

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 34 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/30/2020 12:30 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-G-S

Facility: DC

To: Inmate Work Assignment: none

i dont know if it waS filled or not but i dont have it and i havent had my meds since the california officers lost all of our property on the 25th of feb. which means i am at serve risk of getting corona virus and dying. just get me the meds please , find them or fill out another prescription

20 Civ. 3315

Subject to Protective Order

MCC 0233

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 35 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/30/2020 10:07 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-N

Facility: DC

To: SICK CALL Inmate Work Assignment: NONE

feel icky hot then cold then hot manly at night i been eating fine my body doesn't hurt and i have a cough NOTHING COMES UP WITH IT so not sure if its just a cold i think it is.. i have h.i.v so I'm just trying to be safe maybe i can get my temp checked??? thk you have a good day be safe out there

20 Civ. 3315

Subject to Protective Order

MCC 0234

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 36 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff** DATE: 03/29/2020 06:32 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-S

Facility: DC

To: Dr. Joaquin Inmate Work Assignment: Cadre

I feel like I'm dying I need help please. I have aches all over my body , i cant taste or smell any food ,I wake up im cold sweats , I have a dry cough and had a headache for 7days straight !!! help me Im suffering !!!!!!!!!!!!!!!!

20 Civ. 3315

Subject to Protective Order

MCC 0235

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 37 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/29/2020 11:51 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-G-S

Facility: DC

To: MEDICAL Inmate Work Assignment: NONE

I HAVE NOT RECIEVED MY BIKTARVY HIV MEDS SINCE THEY WERE TAKEN BY STAFF FEB 25TH. PLEASE, I AM IN DIRE NEED OF THIS MEDICATION BECAUSE OF THE VIRUS THAT IS AROUND. I HAVE TOLD MEDICAL OFFICERS AND UNIT MANAGERS AS WELL AS OFFICERS.

20 Civ. 3315

Subject to Protective Order

MCC 0236

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 38 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/28/2020 12:16 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: Mr.Thomas Inmate Work Assignment: N/A

Im currently having occasional hot flashes in my head, the other night i was having cold sweats all night,really cold but sweating and then really hot all over,but my temperture was only a little above average, sometimes from my nose up feels a little tight for about a minute or two, everything is on and off though, also at times my stomach feels a little off not really crazy pain but uncomfortable and ill feel as if i have to throw up for about three minutes! Im not saying i believe i have covid-19 but im for sure worried and would like to find out exactly whats going on with my body!

20 Civ. 3315

Subject to Protective Order

MCC 0237

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 39 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/27/2020 06:35 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-G-S

Facility: DC

To: Inmate Work Assignment: none

hello i am requesting sick call, i have some cough and difficulty breathing as well as thick mucus in my throat. this started about 2 days ago.

20 Civ. 3315

Subject to Protective Order

MCC 0238

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 40 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/27/2020 02:25 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-S

Facility: DC

To: Inmate Work Assignment: bolck

buena tarde doctores le escribo porque no me siento bien de saluz tengo poco animo y tupicion y un poco dificultad para respiral gracia por su att sergio polanco

20 Civ. 3315

Subject to Protective Order

MCC 0239

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 41 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/25/2020 01:01 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
, NYM-K-S

Facility: DC

To: medical Inmate Work Assignment: n/a

i'm in extreme pain and i have flue like symtoms this is a whole week i put in a sick call request and have not seen anyone in a whole week

20 Civ. 3315

Subject to Protective Order

MCC 0240

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 42 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/21/2020 05:26 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: Dr. thomas Inmate Work Assignment: None

hello Dr.

Its not getting better and I really need medicine. I am not able to sleep and breathe properly in the night as well. Please take care of this. I really need medicine badly. The throat roughness is too much and I have been sneezing and coughing since last 4 -5 days.

Regards

20 Civ. 3315

Subject to Protective Order

MCC 0241

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 43 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/21/2020 02:47 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-N

To: Doctor Inmate Work Assignment: !!!!!!

???????????? ---

n 3/20/2020 2:55 PM wrote:

>

I've been experiencing Flu like symptoms and would like to be tested for the COVID-19 ASAP Please

Facility: DC

20 Civ. 3315

Subject to Protective Order

MCC 0242

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 44 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/21/2020 01:13 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: Dr. Thomas Inmate Work Assignment: None

Hello Dr.

Its the 3rd email and 7th request to please help me with the Cough and Cold, Sneezing and Coughing. My throat is paining a lot and its all roughness in the throat and nose. I cant even breathe properly because while breathing, My nose is burning. I have to to put some clothe on the nose and then breathe.

Waiting for your response.

Regards

20 Civ. 3315

Subject to Protective Order

MCC 0243

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 45 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/20/2020 02:55 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-N

To: SICK CALL Inmate Work Assignment: SICK CALL

I've been experiencing Flu like symptoms and would like to be tested for the COVID-19 ASAP Please

Facility: DC

20 Civ. 3315

Subject to Protective Order

MCC 0244

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 46 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/20/2020 01:02 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: Dr. Thomas Inmate Work Assignment: None

Hello Dr.

I have informed you in person as well regarding the symtoms and conditions I am facing. Please get me the medicine as a lot of cold and sneezing is not good for me nor for the other inmates as well.I have not been called till now.

regards

20 Civ. 3315

Subject to Protective Order

MCC 0245

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 47 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/19/2020 06:43 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-N

Facility: DC

To: Dr. Thomas Inmate Work Assignment: None

Hello Team

I have been suffering from Cold from cough and pain in throat. Pain like of Tonsils in throat.I have already informed about the same 2-3 times last week early to the medical officers but I was never called for the same. After that I felt a little better. But since last 2 days the cough, cold,sneezing is again too much and the pain in the throat is also too much. I want to get it tested and need medical for the same at the earliest. Please consider it urgent.

Regards

20 Civ. 3315

Subject to Protective Order

MCC 0246

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 48 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/18/2020 06:59 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

NYM-G-S

Facility: DC

To: Inmate Work Assignment: NONE

BUENA NOCHE YO QUISIERA HACER UNA SITA PARA LOS MAS RAPIDO POSIBLE TENGO MUCHO DOLOR DE PECHO Y DE ESTOMAGO SOY UNA PERSONA MAYOR DE EDAD POR FAVOR ESPERO SU REPUESTA LOS MAS RAPIDO POSIBLE MUCHA GRACIAS

20 Civ. 3315

Subject to Protective Order

MCC 0247

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 49 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/18/2020 01:52 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
, NYM-G-N

Facility: DC

To: medical Inmate Work Assignment: N/A

to whom it may concern i would like to be seen by sick call i have been feeling really since lately I've had a dry cough for the past few days and fever like symptoms.. can you please take me down so you can check me out .. thank uu

20 Civ. 3315

Subject to Protective Order

MCC 0248

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 50 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/16/2020 01:12 PM
To: Inmate Work Assignment: none
fiebre no etupio de la nari cansado me siento

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-N

Facility: DC

20 Civ. 3315

Subject to Protective Order

MCC 0249

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 51 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/15/2020 07:53 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-N

Facility: DC

To: Doctor Inmate Work Assignment: PRETRIAL

Hello, I have been sick for the past three days. I have been coughing as well as mild fever. I haven't been able to sleep because of the coughing and discomfort. My Attornys from Isreal had come to visit me a few weeks ago and my cell mate has been requesting I goto medical to deal with this. Please call me down so I can get checked out. Thanks

20 Civ. 3315

Subject to Protective Order

MCC 0250

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 52 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/14/2020 03:00 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-G-N

Facility: DC

To: Inmate Work Assignment: lungs

i have a lung condition called sarcodoise and lately ive been feel sick , cant breath like that some times i need to be seen asap...

20 Civ. 3315

Subject to Protective Order

MCC 0251

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 53 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/14/2020 08:58 AM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-K-S

To: medical Inmate Work Assignment: none

my stomach has been bothering me for the past 2 weeks. i keep telling staff but havent been seen yet

Facility: DC

20 Civ. 3315

Subject to Protective Order

MCC 0252

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 54 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/12/2020 03:29 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified
,QPDWH
NYM-E-S

Facility: DC

To: Inmate Work Assignment: medical

i have been feeling very sick i need some medical attenion my stomach and also my body is feeling abnormal . please consisder my aknwledgement .

20 Civ. 3315

Subject to Protective Order

MCC 0253

Case 1:20-cv-03315-ER Document 54-36 Filed 05/27/20 Page 55 of 55

Date: Time:

05/13/2020 07:11 AM

Message
FROM: TO: Sick Call SUBJECT: ***Request to Staff*** DATE: 03/10/2020 01:15 PM

Federal Bureau of Prisons TRULINCS Message
Sensitive But Unclassified

,QPDWH

, NYM-K-N

Facility: DC

To: dr robert beaudoin Inmate Work Assignment: n/a

buenas tarde por este medio una ves mas le informa que necesito ayuda medica de emergencia desde el dia 8 de diciembre le e mandado mensajes y le e dicho en persona a todo el personal de la institucion que no podio respirar bien desde el dia del incendio y que me di un golpe mas que necesito urgente mente que me revisen tengo una ernia en un testiculo y no aguanto el dolor mas que eso tengo anciedad y siento que me ahogo en una celda por que sufro de claustrofobia por esa razon me movieron del 5 n al 11s no lo hago como exigencia es que enverdad necesito ayuda medica ahora despues del maltrato que se nos an hecho de los golpe en la cabeza que me dieron una patada necesito mas que nunca un medico me duele la cabeza en pocas palabras e tratado por todo los medios de llegar a ver un medico y se me acoibido de mi derecho lo e hecho de forma pasifica y amable porfavor no aguanto el dolor de cabeza de la patada y mis genitales me duelen solo es de favor si es posible nunca le e dado problema no fumo no soy de problemas solo quiero ver un medico ahora mas que estoy en una celda siento que me adficio que me falta el aire y que no puedo respirar porfavor a quien pueda leer este msj ayudeme ..gracias

20 Civ. 3315

Subject to Protective Order

MCC 0254

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 1 of 320
EXHIBIT 37

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 2 of 320

Bureau of Prisons Health Services Activities Report

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/01/2020 11:31
03/02/2020 13:58 03/05/2020 06:23 03/07/2020 15:56 03/26/2020 12:55

Inmate No. 767

Intake

NYM

Inmate Requested to be Escorted from SHU.

Intake

NYM

PPD Reading

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

N Unavailable Columbo, Joseph RN
N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Sommer, Diane MD,
NER-MAST Physician Count: 5

03/03/2020 11:30 03/07/2020 12:57 03/26/2020 11:56

Inmate No. 206

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

03/26/2020 12:02

History/Physical

NYM

ARSD 02/16/2020

03/31/2020 15:07

Deadline 02/29/2020

Temperature

NYM

04/01/2020 19:19

Inmate No. 206

Clinical Encounter

NYM

04/02/2020 16:42

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C

N Completed Kang, Yoon PA-C

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD,
Page 1 of 319
MCC 1978

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 3 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

04/09/2020 13:40 04/20/2020 15:08 04/23/2020 13:40 04/28/2020 13:37 05/13/2020 15:08

Inmate No. 206

Temperature Temperature Temperature Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C
Count: 12

03/12/2020 20:03

Inmate No. 207

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

03/04/2020 00:00
03/26/2020 13:00 03/26/2020 13:05 04/15/2020 13:42

Inmate No. 100

Clinical Encounter

NYM

44 y/o male c/o blurry vision x 2 months

Clinical Encounter

NYM

EKG

NYM

Clinical Encounter

NYM

N Not Started Optometrist
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD

04/26/2020 17:59

Chronic Care Visit

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

diabetes interim clinic
Bureau of Prisons - NYM
Subject to Protective Order

N Canceled Beaudouin, Robert MD
Page 2 of 319
MCC 1979

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 4 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 5

03/03/2020 21:07

Intake

NYM

N Completed Columbo, Joseph RN

03/05/2020 09:40

PPD Reading

NYM

N Completed Joaquin, Y. MLP

03/05/2020 09:40 04/23/2020 13:06 05/06/2020 00:00

Inmate No. 211

Clinical Encounter Temperature History/Physical
overdue

NYM NYM NYM

N Completed Joaquin, Y. MLP
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Mid-Level Provider
Count: 5

03/05/2020 11:00 05/12/2020 14:04

Inmate No. 212

Clinical Encounter Clinical Encounter

NYM NYM

Y Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Count: 2

04/02/2020 10:18 04/02/2020 11:18 04/02/2020 13:36

Inmate No. 101

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Count: 3

03/05/2020 12:30

Inmate No. 213

Clinical Encounter

NYM

Y Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 3 of 319
MCC 1980

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 5 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/23/2020 13:06

Reg #

Inmate Name

Inmate No. 213

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 2

03/09/2020 20:59

Intake

NYM

N Completed Singh, Mandeep PA-C

03/11/2020 00:00 03/11/2020 08:42 03/12/2020 11:42

History/Physical
due 3/20 PPD Administration
duiplicate PPD Reading

NYM NYM NYM

N Not Started Mid-Level Provider

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Joaquin, Y. MLP

03/30/2020 16:05

Clinical Encounter

NYM

N Completed Columbo, Joseph RN

03/31/2020 13:48 04/01/2020 11:43

Inmate No. 214

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/02/2020 13:22

Temperature

NYM

N Completed Joaquin, Y. MLP

04/03/2020 09:40

Temperature

NYM

N Completed Joaquin, Y. MLP

04/03/2020 19:51

Temperature

NYM

N Completed Beaudouin, Robert MD

04/06/2020 10:30

Temperature

NYM

N Completed Joaquin, Y. MLP

04/07/2020 09:00
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Temperature

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 4 of 319
MCC 1981

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 6 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/07/2020 16:40 04/08/2020 11:00 04/08/2020 23:47 04/09/2020 09:00 04/10/2020 08:40 04/11/2020 12:55 04/12/2020 12:58 04/13/2020 09:30 04/14/2020 09:00 04/17/2020 08:34

Inmate No. 214

Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

03/02/2020 07:35

Blood Glucose

NYM

03/03/2020 07:10 03/03/2020 18:35

Inmate No. 768

Blood Glucose Blood Glucose

NYM NYM

03/04/2020 07:30
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Blood Glucose

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
N Completed Joaquin, Y. MLP
N Completed Columbo, Joseph RN
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Columbo, Joseph RN
N Completed Columbo, Joseph RN
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Sommer, Diane MD, NER-MAST Physician Count: 22
N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Page 5 of 319
MCC 1982

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 7 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

03/04/2020 16:35

03/05/2020 07:30

03/06/2020 15:00 03/08/2020 06:40

Inmate No. 768

03/09/2020 10:35

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Joaquin, Y. MLP Thomas, Terrance HSA Joaquin, Y. MLP Joaquin, Y. MLP
Count: 9

03/12/2020 01:05
03/15/2020 10:37 05/06/2020 12:55

Inmate No. 215

Intake

NYM

PPD Reading

NYM

Clinical Encounter - Clinical NYM Encounter

N Completed Yonnone, M. EMTP/AHSA
N Completed Columbo, Joseph RN N Completed Brenneman, Wiilliam RN
Count: 3

04/02/2020 16:44 04/14/2020 16:45 04/20/2020 11:08 04/24/2020 00:00

Inmate No. 216

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

24 y/o male w/ decreased vision

vision is 20/40

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C N Not Started Optometrist
Count: 4

04/27/2020 11:15

Inmate No. 218

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician

20 Civ. 3315

Temperature

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 6 of 319
MCC 1983

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 8 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/29/2020 10:59

Inmate No. 218

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP
Count: 2

03/23/2020 11:51 04/02/2020 17:04 04/14/2020 17:05 04/15/2020 17:05

Inmate No. 219

Clinical Encounter Temperature Temperature Temperature

NYM NYM NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 4

03/01/2020 22:59 03/24/2020 14:35

Inmate No. 102

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Count: 2

03/13/2020 15:07

Chronic Care Visit

NYM

N Completed Okafor, Chidubem DO

03/20/2020 14:07

Chronic Care Visit

NYM

N Completed Okafor, Chidubem DO

03/27/2020 13:39 03/29/2020 12:53 04/03/2020 15:13

Inmate No. 220

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 7 of 319
MCC 1984

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 9 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

05/15/2020 00:00

Reg #

Inmate Name

Inmate No. 220

Activity Chronic Care Visit

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

Facility: N/A
Provider Psychiatrist

Count: 6

03/11/2020 10:02
04/20/2020 13:35 04/20/2020 13:43 04/22/2020 08:05

Inmate No. 221

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

annual is due 10/11

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
Count: 4

05/04/2020 10:37

Inmate No. 103

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

04/22/2020 14:09

Intake

NYM

N Completed Kang, Yoon PA-C

04/23/2020 09:56

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/24/2020 10:40 04/27/2020 09:00

Inmate No. 222

PPD Reading Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/28/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/29/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 8 of 319
MCC 1985

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 10 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/30/2020 09:00

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

05/05/2020 00:00 05/05/2020 07:30 05/06/2020 07:30

Inmate No. 222

History/Physical
due by 5/11 Temperature
Temperature

NYM NYM NYM

N Not Started Mid-Level Provider N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN

05/07/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 06:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

Count: 12

03/01/2020 23:00

Inmate No. 769

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/12/2020 06:10

Intake

NYM

03/14/2020 16:55

Clinical Encounter

NYM

03/26/2020 09:00 03/26/2020 09:12

Inmate No. 223

Clinical Encounter Clinical Encounter

NYM NYM

03/26/2020 19:55

Clinical Encounter

NYM

03/26/2020 23:10

Clinical Encounter

NYM

03/27/2020 11:00

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP
Page 9 of 319
MCC 1986

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 11 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/27/2020 13:24

Inmate Name

03/27/2020 14:45

03/30/2020 14:01

03/31/2020 13:58

04/01/2020 13:02

04/02/2020 13:29

04/03/2020 09:30

04/03/2020 19:38

04/06/2020 09:30

04/07/2020 09:57 04/08/2020 10:51

Inmate No. 223

04/09/2020 07:00

04/10/2020 09:42

04/25/2020 18:55

04/27/2020 13:35

04/29/2020 13:17

05/06/2020 20:55

05/07/2020 15:34

05/08/2020 07:48

Activity Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature Temperature Clinical Encounter Temperature Temperature Temperature Temperature Temperature Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Kang, Yoon PA-C Kang, Yoon PA-C Singh, Mandeep PA-C Beaudouin, Robert MD Kang, Yoon PA-C
Count: 26

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 10 of 319
MCC 1987

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 12 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/09/2020 21:13

03/12/2020 18:39

03/12/2020 18:40

Inmate Name

03/12/2020 22:13 03/23/2020 12:09 03/24/2020 13:45 03/25/2020 11:19 03/26/2020 14:42 03/26/2020 22:14 03/27/2020 11:33 03/31/2020 13:52 04/16/2020 08:57 05/11/2020 14:37

Inmate No. 224

Activity Intake PPD Reading PPD Administration
Duplicate PPD. Clinical Encounter Temperature Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Canceled

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed

05/11/2020 14:38

Chronic Care Visit

NYM

N Canceled

no longer on psy meds

Facility: N/A
Provider Singh, Mandeep PA-C Thomas, Terrance HSA Thomas, Terrance HSA
Thomas, Terrance HSA Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Okafor, Chidubem DO Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 14

04/15/2020 12:14

Intake

NYM

04/15/2020 16:32

Inmate No. 225

Temperature

NYM

04/17/2020 08:45

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Completed Columbo, Joseph RN
N Completed Joaquin, Y. MLP
Page 11 of 319
MCC 1988

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 13 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/17/2020 12:23

04/18/2020 11:26

Inmate Name

Activity PPD Reading
Temperature

04/20/2020 08:45 04/21/2020 09:00 04/21/2020 13:50

Temperature Temperature Chronic Care Visit

04/22/2020 09:00 04/23/2020 08:30 04/24/2020 08:45 04/27/2020 09:00 04/28/2020 09:00 04/29/2020 09:00 04/30/2020 09:00 05/05/2020 00:00
05/08/2020 10:16

Inmate No. 225

overdue from 2015 Temperature Temperature Temperature Temperature Temperature Temperature Temperature History/Physical
due 5/5 Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM NYM NYM

N Completed N Completed N Canceled

NYM NYM NYM NYM NYM NYM NYM NYM
NYM

N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Not Started
N Completed

Facility: N/A
Provider Joaquin, Y. MLP Yonnone, M. EMTP/AHSA Joaquin, Y. MLP Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician
Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Mid-Level Provider
Beaudouin, Robert MD Count: 17

04/01/2020 23:06 04/08/2020 23:28 04/10/2020 09:43

Inmate No. 226

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Page 12 of 319
MCC 1989

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 14 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/13/2020 10:20

Inmate Name

04/14/2020 07:00

04/15/2020 07:00

04/16/2020 07:00

04/17/2020 08:45

04/18/2020 11:24 04/20/2020 08:45

Inmate No. 226

04/21/2020 09:00

04/22/2020 09:00

04/22/2020 12:51

Activity Temperature Temperature Temperature Temperature Temperature Temperature
Temperature Temperature Temperature Clinical Encounter

04/23/2020 08:30

Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM NYM NYM

N Completed N Completed N Completed N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Yonnone, M. EMTP/AHSA Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Joaquin, Y. MLP
Count: 14

03/09/2020 04:12 03/09/2020 15:54 03/11/2020 08:03 04/15/2020 11:07

Inmate No. 227

Intake Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
Y Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
Count: 4

03/26/2020 13:21

Inmate No. 228

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD,
Page 13 of 319
MCC 1990

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 15 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

04/03/2020 15:21

Inmate No. 228

Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider NER-MAST Physician Okafor, Chidubem DO
Count: 2

03/20/2020 09:55 03/26/2020 13:26 03/26/2020 13:31 03/26/2020 13:34
04/22/2020 08:01

Inmate No. 104

Clinical Encounter Clinical Encounter

NYM NYM

EKG

NYM

MLP Chronic Care Follow up NYM

6 MONTH MLP F/U.

Exit Summary

NYM

Y Completed Joaquin, Y. MLP

N Completed Sommer, Diane MD, NER-MAST Physician

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Kang, Yoon PA-C Count: 5

03/11/2020 11:39 03/12/2020 20:49

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Thomas, Terrance HSA

03/26/2020 13:44 03/26/2020 13:46 04/09/2020 14:53

Inmate No. 105

Clinical Encounter

NYM

Chronic Care Visit

NYM

6 MONTH MLP F/U.

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Beaudouin, Robert MD

04/10/2020 08:40

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 14 of 319
MCC 1991

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 16 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/11/2020 12:48

Reg #

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN

04/12/2020 12:54

Temperature

NYM

N Completed Columbo, Joseph RN

04/13/2020 09:30

Temperature

NYM

N Completed Joaquin, Y. MLP

04/14/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/14/2020 16:08

Temperature

NYM

N Completed Columbo, Joseph RN

04/15/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/15/2020 16:30 04/16/2020 09:00

Inmate No. 105

Temperature Temperature

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP

04/17/2020 08:45

Temperature

NYM

N Completed Joaquin, Y. MLP

04/18/2020 11:23 04/20/2020 08:45

Temperature Temperature

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP

04/21/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/22/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/22/2020 12:54

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 15 of 319
MCC 1992

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 17 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/23/2020 08:30

05/05/2020 10:10

Reg #

Inmate Name

Inmate No. 105

Activity Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Kang, Yoon PA-C

Count: 22

04/20/2020 14:37 04/27/2020 12:21

Inmate No. 229

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C

Count: 2

04/09/2020 12:32 04/20/2020 13:56 04/23/2020 12:30

Inmate No. 230

Temperature Temperature Temperature

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 3

04/02/2020 16:47 04/14/2020 16:47

Inmate No. 231

Temperature Temperature

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

03/26/2020 13:54

Inmate No. 106

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 16 of 319
MCC 1993

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 18 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

04/27/2020 11:17 05/07/2020 09:36

Inmate No. 232

Temperature Clinical Encounter

NYM NYM

For screening
vision is 20/30 exam not indicated

N Completed Joaquin, Y. MLP

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 2

03/04/2020 16:50

Intake

NYM

N Completed Columbo, Joseph RN

03/04/2020 23:22 03/05/2020 06:30 03/06/2020 15:10

Inmate No. 233

Chronic Care Visit

NYM

CCC PPD Administration

NYM

New PPD planted yesterday 03-04-2020

PPD Reading

NYM

N Canceled Beaudouin, Robert MD N Canceled Joaquin, Y. MLP N Completed Joaquin, Y. MLP

05/11/2020 00:00

History/Physical

NYM

N Not Started Mid-Level Provider

05/11/2020 14:42

Follow-up

NYM

evaluation [skin lesion]

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 6

03/12/2020 06:11

Inmate No. 770

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 17 of 319
MCC 1994

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 19 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/27/2020 07:33

Inmate Name
Inmate No. 770

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Thomas, Terrance HSA
Count: 2

04/23/2020 13:38

Inmate No. 771

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 07:57 03/24/2020 08:08

Inmate No. 772

Intake Exit Summary

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C

Count: 2

03/21/2020 20:52 04/14/2020 14:11 05/04/2020 10:38 05/06/2020 07:54 05/11/2020 14:30

Inmate No. 235

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Y Completed Singh, Mandeep PA-C N Completed Okafor, Chidubem DO N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Count: 5

04/03/2020 14:30 05/11/2020 00:00

Inmate No. 236

Clinical Encounter History/Physical

NYM NYM

N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider
Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 18 of 319
MCC 1995

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 20 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/27/2020 17:47

Inmate Name

04/28/2020 08:45 05/07/2020 08:00

Inmate No. 237

Activity Clinical Encounter Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Joaquin, Y. MLP Brenneman, Wiilliam RN
Count: 3

03/05/2020 00:00

Inmate No. 238

Assessment
clinic placement asthma

NYM

N Not Started Physician 01 Count: 1

03/05/2020 00:00 03/11/2020 12:19 03/11/2020 15:15 03/16/2020 14:05 04/01/2020 14:04 04/09/2020 11:22 04/13/2020 21:37

Inmate No. 239

MLP Chronic Care Follow up NYM

FOR MONTHLY URINE TOX SCREEN.

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter Clinical Encounter

NYM NYM

N Not Started Mid-Level Provider
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
Count: 7

05/13/2020 14:40 05/15/2020 00:00

Inmate No. 773

Intake PPD Reading

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Lopes, Hygor NRP
N Not Started Nurse
Page 19 of 319
MCC 1996

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 21 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

04/22/2020 14:18

ntake

NYM

N Completed Kang, Yoon PA-C

04/23/2020 09:51

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/27/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/28/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/29/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/30/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

05/05/2020 00:00 05/05/2020 07:30

Inmate No. 240

History/Physical
due 5/11; Temperature

NYM NYM

N Not Started Mid-Level Provider N Completed Brenneman, Wiilliam RN

05/06/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/07/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 15:05

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Count: 12
Page 20 of 319
MCC 1997

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 22 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/09/2020 03:24 03/11/2020 08:16 03/12/2020 00:00
04/03/2020 12:36 04/10/2020 15:31 05/14/2020 14:56

Inmate No. 241

Intake

NYM

Clinical Encounter

NYM

History/Physical due 3/20

NYM

inmate released on writ in 2019

Clinical Encounter

NYM

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Mid-Level Provider
N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD N Completed Okafor, Chidubem DO
Count: 6

03/09/2020 20:52

Inmate No. 774

Intake

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/12/2020 21:59 04/25/2020 00:00

Inmate No. 242

Clinical Encounter PPD Administration

NYM NYM

N Completed Thomas, Terrance HSA N Not Started Nurse
Count: 2

03/12/2020 06:24 03/16/2020 07:38

Inmate No. 775

Intake Exit Summary

NYM NYM

N Completed Joaquin, Y. MLP N Completed Thomas, Terrance HSA

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 21 of 319
MCC 1998

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 23 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/12/2020 17:19 03/24/2020 14:04

Inmate No. 243

Intake Clinical Encounter

NYM NYM

N Completed Thomas, Terrance HSA N Completed Kang, Yoon PA-C

03/01/2020 20:19 03/19/2020 13:05 03/19/2020 13:13
05/05/2020 14:41 05/05/2020 15:28 05/05/2020 22:58

Inmate No. 107

Clinical Encounter Clinical Encounter Sick Call/Triage
DONE. Clinical Encounter Clinical Encounter Chronic Care Visit
multiple issues

NYM NYM NYM
NYM NYM NYM

Count: 2
N Completed Singh, Mandeep PA-C Y Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD

non-formulary for gabapentin expires 5/18/2020

03/09/2020 05:24 04/08/2020 00:00

Inmate No. 244

Intake Assessment

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

needs to be placed in endo clinic
needs to be offered treatment for latent TB
Bureau of Prisons - NYM
Subject to Protective Order

Count: 6 N Completed Yonnone, M. EMT-
P/AHSA N Not Started Physician 01
Page 22 of 319
MCC 1999

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 24 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

please resolve out the diagnosis of toe cellulitis

Facility: N/A
Provider Count: 2

03/11/2020 11:44
03/12/2020 21:35 03/23/2020 13:12
04/04/2020 20:10 04/09/2020 12:23 04/30/2020 09:30 05/07/2020 08:00 05/07/2020 13:17 05/07/2020 13:22 05/07/2020 13:40
05/11/2020 08:00

Inmate No. 245

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter Clinical Encounter Temperature Temperature Clinical Encounter Clinical Encounter Chronic Care Visit
D/C Temperature

NYM NYM NYM NYM NYM NYM NYM
NYM

N Completed Sommer, Diane MD, NER-MAST Physician

N Completed Thomas, Terrance HSA

N Completed Chong, Chae Un PharmD

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Brenneman, Wiilliam RN

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

N Completed Brenneman, Wiilliam RN Count: 11

03/12/2020 07:23

Intake

NYM

03/18/2020 09:51 03/18/2020 12:00

Inmate No. 108

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
Page 23 of 319
MCC 2000

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 25 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/18/2020 13:43

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/19/2020 13:36

Clinical Encounter

NYM

N Completed

03/23/2020 20:31

Clinical Encounter

NYM

N Completed

04/25/2020 12:22

Clinical Encounter

NYM

N Completed

04/28/2020 12:29

Clinical Encounter

NYM

N Completed

04/28/2020 12:50

Clinical Encounter

NYM

N Completed

05/03/2020 22:48

MLP Chronic Care Follow up NYM

N Canceled

05/06/2020 22:01

6 MONTH F/U. Blood Glucose

NYM

N Completed

05/07/2020 08:49

Clinical Encounter

NYM

N Completed

05/08/2020 08:40 05/09/2020 20:47

Inmate No. 108

Blood Glucose Blood Glucose

NYM NYM

N Completed N Completed

05/10/2020 11:43

Clinical Encounter

NYM

N Completed

05/11/2020 06:30

Blood Glucose

NYM

N Completed

05/11/2020 14:05

Clinical Encounter

NYM

N Completed

05/11/2020 20:49 05/12/2020 07:30 05/12/2020 08:38

Blood Glucose Blood Glucose History/Physical

NYM NYM NYM

05/12/2020 17:00

transfer Blood Glucose

NYM

05/13/2020 07:30
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Blood Glucose

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed N Completed N Canceled
N Completed N Completed

Facility: N/A
Provider Beaudouin, Robert MD Beaudouin, Robert MD Singh, Mandeep PA-C Singh, Mandeep PA-C Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD
Singh, Mandeep PA-C Kang, Yoon PA-C Brenneman, Wiilliam RN Singh, Mandeep PA-C Lopes, Hygor NRP Brenneman, Wiilliam RN Sommer, Diane MD, NER-MAST Physician Singh, Mandeep PA-C Kang, Yoon PA-C Sommer, Diane MD, NER-MAST Physician
Brenneman, Wiilliam RN Kang, Yoon PA-C
Page 24 of 319
MCC 2001

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 26 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

05/14/2020 07:30

05/14/2020 15:00

Reg #

Inmate Name
Inmate No. 108

Activity Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Brenneman, Wiilliam RN
Count: 24

03/11/2020 16:34 03/23/2020 11:02
03/23/2020 15:00 04/01/2020 14:28 04/20/2020 22:17 04/22/2020 07:00 04/30/2020 09:30 05/07/2020 08:00 05/13/2020 09:55

Inmate No. 109

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Kang, Yoon PA-C
Count: 9

05/12/2020 12:52

Inmate No. 246

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/12/2020 06:06 05/04/2020 11:29

Inmate No. 110

Intake Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C
Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 25 of 319
MCC 2002

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 27 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/12/2020 21:01

Inmate Name

04/05/2020 17:30 05/12/2020 09:31

Inmate No. 248

Activity Clinical Encounter Clinical Encounter Clinical Encounter

05/12/2020 09:43

Clinical Encounter

For screening.

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Canceled

Facility: N/A
Provider Thomas, Terrance HSA Beaudouin, Robert MD Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 4

04/27/2020 16:47 04/28/2020 09:00 04/28/2020 14:40 04/29/2020 09:00 04/29/2020 09:37 04/30/2020 09:00 04/30/2020 13:12 05/01/2020 11:23 05/05/2020 07:30 05/05/2020 14:47 05/05/2020 14:50 05/06/2020 07:30

Inmate No. 249

Intake Temperature Intake Temperature PPD Reading Temperature Clinical Encounter Clinical Encounter Temperature Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Lopes, Hygor NRP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Brenneman, Wiilliam RN N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Brenneman, Wiilliam RN
Count: 12

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 26 of 319
MCC 2003

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 28 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/12/2020 07:15

Inmate Name

Activity Intake

03/24/2020 13:42 04/14/2020 15:12

Inmate No. 111

Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Yonnone, M. EMTP/AHSA Sommer, Diane MD, NER-MAST Physician Beaudouin, Robert MD
Count: 3

03/02/2020 07:49

Inmate No. 776

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

05/07/2020 18:10 05/09/2020 12:17 05/11/2020 07:30 05/12/2020 00:00
05/12/2020 10:25 05/13/2020 09:39 05/14/2020 09:50 05/14/2020 11:33

Inmate No. 753

ntake PPD Reading Temperature History/Physical
due 5/27 Temperature Temperature Clinical Encounter Temperature

NYM NYM NYM NYM
NYM NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN N Not Started Mid-Level Provider
N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Count: 8

03/01/2020 12:18 03/10/2020 12:49

Inmate No. 112

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Page 27 of 319
MCC 2004

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 29 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/23/2020 11:50

Inmate Name

Activity Clinical Encounter

03/26/2020 05:18

Clinical Encounter

04/02/2020 16:50

Temperature

04/10/2020 12:56 04/14/2020 16:51

Inmate No. 112

Clinical Encounter Temperature

04/23/2020 13:09

Temperature

05/03/2020 19:16 05/12/2020 00:00

Clinical Encounter History/Physical

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM

N Completed N Completed

NYM

N Completed

NYM NYM

N Completed N Not Started

Facility: N/A
Provider Chong, Chae Un PharmD Yonnone, M. EMTP/AHSA Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Singh, Mandeep PA-C Mid-Level Provider
Count: 10

05/12/2020 11:34

Inmate No. 250

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/31/2020 14:53 04/20/2020 14:53 04/23/2020 12:38

Inmate No. 251

Temperature Temperature Temperature

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 3

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 28 of 319
MCC 2005

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 30 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/03/2020 16:50

Inmate Name

03/09/2020 07:34

Inmate No. 777

03/09/2020 15:45

Activity Clinical Encounter Exit Summary
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Yonnone, M. EMTP/AHSA Sommer, Diane MD, NER-MAST Physician
Count: 3

03/09/2020 04:01 03/11/2020 00:00
04/20/2020 14:54 04/23/2020 12:49 05/13/2020 14:55

Inmate No. 252

Intake

NYM

14 Day Dr Eval due 3/20

NYM

needs follow up on scrotal pain

overdue ultrasound was canceled

re-order if still clinically indicated

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

N Completed Yonnone, M. EMTP/AHSA
N Not Started Physician 01
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C Count: 5

03/11/2020 08:04

Inmate No. 253

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

03/09/2020 03:12

Inmate No. 254

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 29 of 319
MCC 2006

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 31 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/02/2020 13:14

Inmate Name

Activity Temperature

04/02/2020 13:15

Temperature

04/03/2020 11:42 04/03/2020 11:50 04/10/2020 13:17
04/14/2020 13:16

Inmate No. 254

Clinical Encounter Clinical Encounter Temperature
Temperature

04/14/2020 14:28 04/17/2020 07:39 04/21/2020 15:11 04/27/2020 14:54 05/06/2020 14:32

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM NYM NYM

N Completed N Completed N Completed

NYM

N Completed

NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Kang, Yoon PA-C Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C
Count: 12

05/07/2020 20:48 05/09/2020 12:17 05/11/2020 07:30

Inmate No. 754

Intake PPD Reading Temperature

NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN
Count: 3

03/13/2020 00:38 03/13/2020 00:44

Inmate No. 256

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
N Completed Thomas, Terrance HSA
Page 30 of 319
MCC 2007

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 32 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/01/2020 22:57 04/28/2020 08:45

Inmate No. 258

Clinical Encounter Temperature

NYM NYM

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP
Count: 2

03/26/2020 17:15 03/26/2020 17:17

Inmate No. 113

Clinical Encounter

NYM

Chronic Care Visit

NYM

MLP 6 MONTH F/U.

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 2

03/12/2020 06:19 03/24/2020 13:47

Inmate No. 259

Intake Temperature

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

03/26/2020 08:02 04/09/2020 15:54 04/24/2020 15:51 04/29/2020 10:40

Inmate No. 260

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Count: 4

03/18/2020 00:00

Inmate No. 115

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Chronic Care Visit

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Not Started Mid-Level Provider
Page 31 of 319
MCC 2008

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 33 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity 6 MONTH MLP F/U.

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

needs to be offered latent TB treatment

Facility: N/A
Provider Count: 1

03/09/2020 05:06

Inmate No. 778

Intake

NYM

N Completed Joaquin, Y. MLP Count: 1

03/10/2020 20:45

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

03/12/2020 10:37 04/06/2020 10:32

Inmate No. 116

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD

Count: 3

03/14/2020 15:19 03/16/2020 09:00

Inmate No. 261

Clinical Encounter

NYM

Sick Call/Triage

NYM

Rt neck pain, shoulder and right leg pain

N Completed Singh, Mandeep PA-C N Not Started MLP 01
Count: 2

04/01/2020 16:26 05/12/2020 00:00

Inmate No. 262

Clinical Encounter History/Physical

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Not Started Mid-Level Provider

Count: 2

03/12/2020 06:29

Inmate No. 779

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Intake

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 32 of 319
MCC 2009

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 34 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

03/13/2020 10:29

Inmate No. 779

Activity PPD Reading

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP
Count: 2

03/12/2020 21:54 03/23/2020 12:09 03/24/2020 09:37
03/24/2020 13:46 03/25/2020 11:20 03/26/2020 14:41 03/26/2020 17:23
03/26/2020 22:14 03/27/2020 11:33 03/31/2020 13:53 04/28/2020 11:00
04/29/2020 00:00

Inmate No. 263

Clinical Encounter Temperature Clinical Encounter
Temperature Temperature Temperature Clinical Encounter
Temperature Temperature Temperature Clinical Encounter
Chronic Care Visit due 5/29

NYM NYM NYM
NYM NYM NYM NYM
NYM NYM NYM NYM
NYM

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP N Completed Chong, Chae Un
PharmD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Chong, Chae Un
PharmD N Not Started Physician 01
Count: 12

03/14/2020 00:00

Inmate No. 264

PPD Administration

NYM

N Not Started Nurse Count: 1

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 33 of 319
MCC 2010

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 35 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/01/2020 10:22

Inmate Name

Activity PPD Reading

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN

03/01/2020 10:22

Clinical Encounter

NYM

N Completed Columbo, Joseph RN

03/04/2020 13:22

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

03/05/2020 15:54

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

03/11/2020 09:04 03/22/2020 11:31

History/Physical

NYM

institution lock down

Clinical Encounter

NYM

N Unavailable Sommer, Diane MD, NER-MAST Physician
N Completed Columbo, Joseph RN

03/23/2020 07:12
03/23/2020 12:11 03/24/2020 13:50

Inmate No. 780

Clinical Encounter
Temperature Temperature

NYM
NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP

03/25/2020 11:31

Temperature

NYM

N Completed Joaquin, Y. MLP

03/26/2020 14:44

Temperature

NYM

N Completed Joaquin, Y. MLP

03/26/2020 14:52

Clinical Encounter

NYM

Y Completed Joaquin, Y. MLP

03/26/2020 17:29 03/26/2020 22:15

Clinical Encounter Temperature

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C

03/27/2020 11:28

Temperature

NYM

N Completed Joaquin, Y. MLP

03/27/2020 15:06

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

03/31/2020 13:55

Temperature

NYM

N Completed Joaquin, Y. MLP

Count: 17

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 34 of 319
MCC 2011

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 36 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/03/2020 15:18

Inmate No. 265

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Okafor, Chidubem DO
Count: 1

03/23/2020 12:13 03/24/2020 13:52 03/25/2020 11:25 03/26/2020 14:47 03/26/2020 22:16 03/27/2020 11:30 03/31/2020 13:56 05/12/2020 09:51

Inmate No. 266

Temperature Temperature Temperature Temperature Temperature Temperature Temperature Follow-up
suture removal done

NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 8

03/09/2020 04:17 04/15/2020 12:10 05/13/2020 00:00

Inmate No. 117

Intake

NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

meds expire on 6/7 BP not controlled needs to be offered a statin

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Not Started Physician 01
Count: 3

03/31/2020 15:05

Inmate No. 267

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician

20 Civ. 3315

Temperature

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD,
Page 35 of 319
MCC 2012

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 37 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

04/09/2020 15:08 04/20/2020 15:05 04/23/2020 15:11 05/04/2020 00:00

Inmate No. 267

Temperature Temperature Temperature Assessment
sleep apnea

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM NYM NYM

N Completed N Completed N Completed N Not Started

Facility: N/A
Provider NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Mid-Level Provider
Count: 5

03/23/2020 13:59 03/30/2020 14:16

Inmate No. 118

Clinical Encounter Chronic Care Visit

NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Okafor, Chidubem DO

Count: 2

03/28/2020 22:00

Clinical Encounter

NYM

03/29/2020 12:57

Clinical Encounter

NYM

03/30/2020 10:35

Temperature

NYM

03/31/2020 13:47 04/01/2020 10:05

Inmate No. 269

Temperature Clinical Encounter

NYM NYM

04/01/2020 11:44

Temperature

NYM

04/02/2020 13:23

Temperature

NYM

04/02/2020 21:58

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD
Page 36 of 319
MCC 2013

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 38 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/03/2020 09:40

Inmate Name

04/03/2020 19:47

04/06/2020 10:30

04/07/2020 09:00

04/07/2020 16:39

04/08/2020 10:59 04/08/2020 23:46

Inmate No. 269

04/09/2020 09:00

04/10/2020 08:40

04/11/2020 12:53

04/12/2020 12:56

04/13/2020 09:30

Activity Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP
Count: 20

03/12/2020 18:39 05/11/2020 13:32

Inmate No. 271

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C
Count: 2

03/22/2020 11:40 03/24/2020 08:37

Inmate No. 781

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 37 of 319
MCC 2014

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 39 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/04/2020 16:35

03/09/2020 20:47

03/13/2020 15:18

03/17/2020 15:34

03/18/2020 10:37

03/18/2020 14:52

03/31/2020 07:50

Inmate Name

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Clinical Encounter Blood Glucose Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

04/14/2020 14:20 04/21/2020 07:25 04/22/2020 07:30 04/23/2020 07:00 04/24/2020 07:10 04/27/2020 07:45 04/28/2020 07:20 04/29/2020 07:15 04/30/2020 07:15 04/30/2020 15:29 05/12/2020 12:19

Inmate No. 119

Clinical Encounter Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed

05/12/2020 12:25

MLP Chronic Care Follow up NYM

N Canceled

Facility: N/A
Provider Columbo, Joseph RN Singh, Mandeep PA-C Singh, Mandeep PA-C Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 38 of 319
MCC 2015

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 40 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity 6 MONTH F/U.

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 19

03/12/2020 07:52 03/24/2020 15:13 05/12/2020 00:00

Inmate No. 268

Intake Clinical Encounter History/Physical

NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Mid-Level Provider
Count: 3

03/16/2020 12:39

Inmate No. 782

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/20/2020 19:39 03/23/2020 09:53 03/31/2020 09:09 05/04/2020 00:00
05/04/2020 08:42
05/06/2020 14:00

Inmate No. 270

Intake PPD Reading Clinical Encounter History/Physical
overdue Clinical Encounter
Temperature

NYM NYM NYM NYM
NYM
NYM

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C Count: 6

03/12/2020 07:47

Intake

NYM

03/26/2020 00:00

Inmate No. 120

14 Day Dr Eval

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Not Started Physician 01
Page 39 of 319
MCC 2016

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 41 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity due 4/9

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

03/26/2020 17:32

Inmate No. 120

BP needs better control

Clinical Encounter

NYM

N Completed

Facility: N/A
Provider
Sommer, Diane MD, NER-MAST Physician
Count: 3

03/15/2020 12:24 03/17/2020 12:43 03/23/2020 11:04 04/08/2020 09:32 04/14/2020 08:32 04/14/2020 08:35

Inmate No. 121

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter Clinical Encounter

NYM NYM

Chronic Care Visit

NYM

6 MONTH MLP F/U.

N Completed Columbo, Joseph RN

N Completed Beaudouin, Robert MD

N Completed Chong, Chae Un PharmD

N Completed Okafor, Chidubem DO

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 6

03/04/2020 14:19

Clinical Encounter

NYM

03/10/2020 10:24

Clinical Encounter

NYM

03/10/2020 10:49 03/10/2020 10:49

Inmate No. 122

MLP Chronic Care Follow up NYM

6 MONTH F/U. DONE ON 3/10/20. Follow-up

NYM

04/08/2020 09:00

D/C Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Canceled Beaudouin, Robert MD
N Completed Joaquin, Y. MLP
Page 40 of 319
MCC 2017

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 42 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/09/2020 07:00

04/10/2020 09:45

04/13/2020 10:21

04/14/2020 07:00

04/15/2020 09:00

04/16/2020 07:00

04/16/2020 09:43

04/17/2020 06:40

04/20/2020 09:46

04/21/2020 07:00

04/22/2020 07:00

04/23/2020 08:30

04/24/2020 07:00

Inmate Name

Activity Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter Temperature Temperature Temperature Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP
Count: 18

03/09/2020 09:02 03/13/2020 22:23 03/18/2020 12:35 03/20/2020 11:13 03/20/2020 22:03 03/24/2020 13:53

Inmate No. 272

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP
Page 41 of 319
MCC 2018

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 43 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/25/2020 11:24

03/26/2020 14:48

03/26/2020 17:40

Inmate Name

Activity Temperature Temperature Clinical Encounter

03/26/2020 22:16 03/27/2020 11:31 03/27/2020 20:57 03/31/2020 13:57 04/08/2020 22:54 04/11/2020 20:17 05/08/2020 08:30

Inmate No. 272

Temperature Temperature Clinical Encounter Temperature Clinical Encounter Clinical Encounter Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Provider Joaquin, Y. MLP

NYM

N Completed Joaquin, Y. MLP

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Unavailable Singh, Mandeep PA-C

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Singh, Mandeep PA-C

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Columbo, Joseph RN

NYM

N Completed Beaudouin, Robert MD

NYM

N Completed Brenneman, Wiilliam RN

Count: 16

03/01/2020 22:53 03/01/2020 22:58

Inmate No. 123

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Count: 2

03/12/2020 21:47 03/23/2020 13:16
05/04/2020 21:02 05/14/2020 12:52

Inmate No. 124

Clinical Encounter Clinical Encounter
Clinical Encounter Clinical Encounter

NYM NYM
NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
N Completed Chong, Chae Un PharmD
N Completed Singh, Mandeep PA-C
N Completed Kang, Yoon PA-C
Count: 4
Page 42 of 319
MCC 2019

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 44 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/09/2020 04:48
03/20/2020 13:14 03/20/2020 13:18 05/14/2020 10:19

Inmate No. 125

Intake
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Okafor, Chidubem DO
Count: 4

03/05/2020 23:48 03/07/2020 18:10 03/20/2020 22:13 04/03/2020 17:29 04/16/2020 09:47 04/20/2020 14:53 04/24/2020 15:08 04/29/2020 15:25 05/01/2020 15:45 05/12/2020 00:00

Inmate No. 273

05/12/2020 10:12

Inmate No. 273

Intake

NYM

N Completed

PPD Reading

NYM

N Completed

Clinical Encounter

NYM

N Completed

Clinical Encounter

NYM

N Completed

Clinical Encounter

NYM

N Completed

Clinical Encounter

NYM

N Completed

Clinical Encounter

NYM

N Completed

Clinical Encounter

NYM

N Completed

Clinical Encounter

NYM

N Completed

History/Physical do vision screen

NYM

N Not Started

offer PAP - if she wants then schedule

if vision screen is 20/50 or greater then schedule optometry visit

Clinical Encounter

NYM

N Canceled

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Singh, Mandeep PA-C Kang, Yoon PA-C Thomas, Terrance HSA Kang, Yoon PA-C Kang, Yoon PA-C Okafor, Chidubem DO Kang, Yoon PA-C Okafor, Chidubem DO Kang, Yoon PA-C Mid-Level Provider
Sommer, Diane MD, NER-MAST Physician
Page 43 of 319
MCC 2020

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 45 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

05/12/2020 10:13

Inmate No. 273

Activity still needs H and P
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Canceled

needs H and P

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 12

03/01/2020 22:54 03/09/2020 12:32 03/17/2020 13:36 04/18/2020 19:48 05/02/2020 11:06

Inmate No. 274

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C Y Completed Lopes, Hygor NRP
Count: 5

03/13/2020 00:42 03/26/2020 17:46
04/15/2020 00:00

Inmate No. 126

05/05/2020 00:00 05/12/2020 10:03

Inmate No. 126

Clinical Encounter Clinical Encounter
Chronic Care Visit due 5/15/2020 asthmatic foot pain tinnitus
PPD Administration Sick Call/Triage

NYM NYM NYM
NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

rt foot injury and tinnitus B/L
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 01

N Not Started Nurse

N Canceled

Sommer, Diane MD, NER-MAST Physician

Page 44 of 319
MCC 2021

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 46 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Complex: NYM

Reg #: N/A

Inmate Name: N/A

Activity: Multiple

Provider Type: N/A

Scheduled Provider: N/A

Act Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Treating Facility Current Quarters Co-Pay Status

has a clinic scheduled

Facility: N/A
Provider Count: 5

04/10/2020 12:23 04/16/2020 14:03 04/23/2020 13:03
05/06/2020 14:34

Inmate No. 275

Clinical Encounter Clinical Encounter Temperature
Clinical Encounter

NYM NYM NYM
NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Kang, Yoon PA-C
Count: 4

03/12/2020 14:04

Inmate No. 276

Intake

NYM

N Completed Thomas, Terrance HSA Count: 1

03/04/2020 13:20

Clinical Encounter

NYM

03/13/2020 00:07 03/23/2020 13:21

Clinical Encounter Clinical Encounter

NYM NYM

04/07/2020 14:32 05/04/2020 15:29
05/04/2020 21:29

Inmate No. 277

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Assessment

NYM

inmate needs to be placed in clinic MH pulmonary

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Latent Tb
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Chong, Chae Un PharmD
N Completed Thomas, Terrance HSA N Completed Chong, Chae Un
PharmD N Completed Okafor, Chidubem DO N Completed Beaudouin, Robert MD
N Canceled Beaudouin, Robert MD
Page 45 of 319
MCC 2022

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 47 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity positive PPD

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 6

03/30/2020 15:11
03/30/2020 20:32 03/31/2020 13:45 04/01/2020 11:50 04/02/2020 13:23 04/03/2020 10:00 04/03/2020 19:45 04/06/2020 10:30 04/07/2020 09:00 04/07/2020 16:34 04/08/2020 10:55 04/08/2020 23:44 04/09/2020 09:00 04/09/2020 15:00 04/10/2020 08:40

Inmate No. 755

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

Temperature

NYM

Y Completed Columbo, Joseph RN
N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP
Count: 15

03/01/2020 23:00

Inmate No. 278

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
Page 46 of 319
MCC 2023

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 48 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

03/05/2020 11:00

Reg #

Inmate Name
Inmate No. 278

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

Y Completed

Facility: N/A
Provider Beaudouin, Robert MD
Count: 2

03/04/2020 13:04 04/09/2020 21:48 04/24/2020 00:00 05/04/2020 00:00
05/08/2020 15:29 05/08/2020 15:30

Inmate No. 127

Clinical Encounter

NYM

Clinical Encounter

NYM

PPD Administration

NYM

Chronic Care Visit

NYM

due 6/1
Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD N Not Started Nurse N Not Started Physician 02
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD Count: 6

03/31/2020 08:45 04/01/2020 23:11 04/03/2020 15:26 04/22/2020 23:56 04/24/2020 00:00 05/02/2020 20:06

Inmate No. 279

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter PPD Administration Clinical Encounter

NYM NYM NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Okafor, Chidubem DO N Completed Beaudouin, Robert MD N Not Started Nurse N Completed Singh, Mandeep PA-C
Count: 6

04/10/2020 16:22

Inmate No. 280

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Page 47 of 319
MCC 2024

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 49 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/15/2020 14:42

04/30/2020 14:14

Reg #

Inmate Name
Inmate No. 280

Activity Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Okafor, Chidubem DO Okafor, Chidubem DO
Count: 3

05/05/2020 18:33 05/06/2020 07:30 05/07/2020 00:00
05/07/2020 07:30 05/07/2020 08:18
05/08/2020 07:30 05/11/2020 07:30 05/12/2020 10:15 05/12/2020 10:20 05/13/2020 09:30 05/14/2020 00:00 05/14/2020 11:34 05/14/2020 15:44

Inmate No. 783

Intake Temperature History/Physical
5/26 Temperature PPD Administration

NYM NYM NYM
NYM NYM

from prior incarceration

Temperature

NYM

Temperature

NYM

PPD Administration

NYM

Temperature

NYM

Temperature

NYM

PPD Reading

NYM

Temperature

NYM

Clinical Encounter

NYM

N Completed Lopes, Hygor NRP N Completed Brenneman, Wiilliam RN N Not Started Mid-Level Provider

N Completed Brenneman, Wiilliam RN

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Not Started Nurse N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Count: 13

03/09/2020 04:56

Inmate No. 281

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Page 48 of 319
MCC 2025

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 50 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

03/26/2020 14:08

Clinical Encounter

NYM

N Completed

04/08/2020 00:00 05/08/2020 09:00

Inmate No. 281

Follow-up

NYM

follow up on elbow condition

PPD Administration

NYM

N Not Started N Not Started

05/13/2020 22:25

Clinical Encounter

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD MLP 01 Nurse Beaudouin, Robert MD
Count: 5

03/12/2020 06:05 03/30/2020 12:28

Inmate No. 282

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
Count: 2

04/20/2020 13:59

Inmate No. 283

Temperature

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

03/24/2020 13:37 05/13/2020 00:00

Inmate No. 128

Temperature Chronic Care Visit

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 01

Count: 2

03/01/2020 23:01 03/02/2020 07:50 03/02/2020 08:42

Inmate No. 784

Clinical Encounter Blood Glucose Exit Summary

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD

N Refused

Joaquin, Y. MLP

N Completed Kang, Yoon PA-C

Page 49 of 319
MCC 2026

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 51 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 3

03/19/2020 22:37 03/21/2020 07:38

Inmate No. 785

Intake PPD Reading

NYM NYM

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP

Count: 2

03/12/2020 07:43 03/24/2020 13:47

Inmate No. 284

Intake Temperature

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

03/12/2020 17:52 05/05/2020 09:03

Inmate No. 129

Clinical Encounter Exit Summary

NYM NYM

N Completed Singh, Mandeep PA-C
N Completed Yonnone, M. EMTP/AHSA
Count: 2

03/11/2020 07:58 04/04/2020 00:00

Inmate No. 287

Clinical Encounter PPD Administration

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Nurse
Count: 2

03/12/2020 05:45 03/24/2020 15:16

Inmate No. 130

Intake Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
N Completed Sommer, Diane MD, NER-MAST Physician
Page 50 of 319
MCC 2027

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 52 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

05/12/2020 10:21

05/12/2020 10:21

Reg #

Inmate Name
Inmate No. 130

Activity Clinical Encounter
14 Day Dr Eval

pulmonary clinic overdue

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Canceled

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 4

03/09/2020 05:29
04/10/2020 13:06 04/28/2020 09:18 05/12/2020 11:59

Inmate No. 131

Intake
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 4

03/01/2020 22:55 03/04/2020 18:01 03/04/2020 23:24 04/20/2020 14:55
04/23/2020 12:50

Inmate No. 289

Clinical Encounter Clinical Encounter Clinical Encounter Temperature
Temperature

NYM NYM NYM NYM
NYM

N Completed Beaudouin, Robert MD
N Completed Columbo, Joseph RN
N Completed Columbo, Joseph RN
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 5

03/12/2020 16:38

Inmate No. 290

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
Page 51 of 319
MCC 2028

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 53 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

03/24/2020 15:25

Inmate No. 290

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 2

03/25/2020 00:00 04/23/2020 13:05

Inmate No. 291

Assessment
positive PPD Temperature

NYM NYM

N Not Started Physician 01
N Completed Sommer, Diane MD, NER-MAST Physician Count: 2

03/05/2020 11:20

Inmate No. 786

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/12/2020 19:45 04/09/2020 14:43

Inmate No. 132

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Thomas, Terrance HSA N Completed Okafor, Chidubem DO
Count: 2

05/07/2020 00:00 05/13/2020 00:00

Inmate No. 292

PPD Administration Chronic Care Visit

NYM NYM

N Not Started Nurse N Not Started Physician 01

Count: 2

04/30/2020 19:40 05/01/2020 13:35

Inmate No. 293

Intake Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 52 of 319
MCC 2029

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 54 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/03/2020 12:01

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Lopes, Hygor NRP

05/05/2020 00:00 05/05/2020 07:30

History/Physical
due 5/20 Temperature

NYM NYM

N Not Started Mid-Level Provider N Completed Brenneman, Wiilliam RN

05/06/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/07/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/07/2020 09:39

PPD Reading

NYM

N Completed Brenneman, Wiilliam RN

05/07/2020 15:01 05/08/2020 07:30

Inmate No. 293

Clinical Encounter Temperature

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN

05/08/2020 14:52

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

05/10/2020 13:31

Clinical Encounter

NYM

N Completed Lopes, Hygor NRP

05/11/2020 07:30

Temperature

NYM

N Unavailable Brenneman, Wiilliam RN

05/11/2020 11:49

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

05/11/2020 15:53

PPD Administration

NYM

N Completed Beaudouin, Robert MD

05/12/2020 10:23

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Page 53 of 319
MCC 2030

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 55 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/13/2020 09:39

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C

05/13/2020 13:40

PPD Reading

NYM

N Completed Kang, Yoon PA-C

05/14/2020 11:01 05/14/2020 11:32

Inmate No. 293

Clinical Encounter Temperature

NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Kang, Yoon PA-C

05/14/2020 12:21

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Count: 21

03/02/2020 07:35

Blood Glucose

NYM

03/03/2020 07:35

Blood Glucose

NYM

03/03/2020 18:32

Blood Glucose

NYM

03/04/2020 07:30

Blood Glucose

NYM

03/04/2020 16:32

Blood Glucose

NYM

03/05/2020 07:30 03/06/2020 15:00

Inmate No. 133

Blood Glucose Blood Glucose

NYM NYM

03/07/2020 21:20

Blood Glucose

NYM

03/09/2020 20:47

Blood Glucose

NYM

03/12/2020 15:49

Blood Glucose

NYM

03/13/2020 07:15

Blood Glucose

NYM

03/13/2020 15:17

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N No Show

Joaquin, Y. MLP

N No Show

Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N No Show

Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N No Show

Joaquin, Y. MLP

N Refused

Thomas, Terrance HSA

N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N No Show

Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

Page 54 of 319
MCC 2031

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 56 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/15/2020 15:20

Inmate Name

03/17/2020 15:36

03/18/2020 15:11

03/20/2020 06:55 03/21/2020 15:22

Inmate No. 133

03/22/2020 16:17

03/23/2020 07:20

03/30/2020 22:29

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N No Show

NYM

N Completed

NYM

N Completed

NYM

N No Show

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Singh, Mandeep PA-C
Count: 20

03/09/2020 03:18 03/31/2020 14:59 04/10/2020 15:31 04/17/2020 14:00 04/23/2020 15:31 05/01/2020 14:32

Inmate No. 294

Intake Temperature Temperature Clinical Encounter Temperature Clinical Encounter

NYM NYM NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
Count: 6

03/11/2020 06:39

Inmate No. 787

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 55 of 319
MCC 2032

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 57 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/08/2020 14:26 03/09/2020 10:19

Inmate No. 788

Intake

NYM

Clinical Encounter - Clinical NYM Encounter

N Completed Singh, Mandeep PA-C
N Completed Miller, Elissa PhD/Chief Psychologist
Count: 2

03/24/2020 09:25

Inmate No. 789

Exit Summary

NYM

N Completed Kang, Yoon PA-C Count: 1

03/31/2020 14:58 04/10/2020 15:30 04/23/2020 15:28 05/12/2020 00:00

Inmate No. 296

Temperature Temperature Temperature History/Physical

NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Mid-Level Provider

Count: 4

03/17/2020 21:53

Intake

NYM

03/19/2020 00:00

PPD Reading

NYM

05/13/2020 14:32 05/13/2020 14:38

Inmate No. 790

Intake Clinical Encounter

NYM NYM

05/14/2020 13:03

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Not Started Nurse N Completed Lopes, Hygor NRP N Completed Lopes, Hygor NRP N Completed Chong, Chae Un
Page 56 of 319
MCC 2033

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 58 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

05/14/2020 14:56

Inmate No. 790

Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider PharmD Beaudouin, Robert MD
Count: 6

03/15/2020 17:55 03/16/2020 15:29 04/17/2020 12:47 05/08/2020 08:30 05/13/2020 00:00

Inmate No. 297

Clinical Encounter

NYM

Chronic Care Visit

NYM

Chronic Care Visit

NYM

Temperature

NYM

MLP Chronic Care Follow up NYM
DUE 12/5/20. MLP 6 MONTH F/U AND RENEWAL OF MEDS.

N Completed Columbo, Joseph RN N Completed Okafor, Chidubem DO N Completed Okafor, Chidubem DO N Completed Brenneman, Wiilliam RN N Not Started Mid-Level Provider
Count: 5

03/16/2020 12:07 03/16/2020 14:01 03/20/2020 15:20 03/24/2020 14:59

Inmate No. 134

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Beaudouin, Robert MD
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD
Count: 4

03/09/2020 05:16 03/23/2020 12:43

Inmate No. 298

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Chong, Chae Un PharmD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 57 of 319
MCC 2034

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 59 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/03/2020 10:46

04/13/2020 00:00

Reg #

Inmate Name

Inmate No. 298

Activity Clinical Encounter
Assessment

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Not Started

needs to be enrolled in MH clinic

Facility: N/A
Provider Beaudouin, Robert MD Physician 01
Count: 4

03/26/2020 00:00

History/Physical

NYM

N Not Started MLP 01

03/26/2020 10:01 04/03/2020 10:09

Inmate No. 300

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD

Count: 3

04/16/2020 22:39

Inmate No. 301

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

04/09/2020 20:07 04/10/2020 08:40 04/11/2020 08:13 04/11/2020 12:57 04/12/2020 12:59 04/13/2020 09:30 04/14/2020 09:00 04/14/2020 16:12

Inmate No. 303

Intake Temperature PPD Reading Temperature Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN
Page 58 of 319
MCC 2035

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 60 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/15/2020 09:00

04/15/2020 16:39

04/16/2020 09:00

04/17/2020 08:45

04/18/2020 11:27

Inmate Name

Activity Temperature Temperature Temperature Temperature Temperature

04/20/2020 08:45 04/21/2020 09:00 04/22/2020 09:00 04/23/2020 08:30 04/24/2020 08:45 05/01/2020 09:26 05/12/2020 00:00

Inmate No. 303

Temperature Temperature Temperature Temperature Clinical Encounter Clinical Encounter History/Physical

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed N Completed N Not Started

Facility: N/A
Provider Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Yonnone, M. EMTP/AHSA Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Mid-Level Provider
Count: 20

03/09/2020 04:58

Intake

NYM

03/12/2020 23:24 04/01/2020 14:42

Inmate No. 302

Clinical Encounter Clinical Encounter

NYM NYM

04/13/2020 00:00

Assessment ASTHMA.

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

needs to be enrolled in clinic
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD N Completed Sommer, Diane MD,
NER-MAST Physician N Not Started Physician 01
Page 59 of 319
MCC 2036

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 61 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/23/2020 00:00

Inmate No. 302

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM-G04-730L

N Completed

Facility: N/A
Provider Beaudouin, Robert MD
Count: 5

03/06/2020 10:49 03/10/2020 16:23
05/02/2020 23:01

Inmate No. 135

Clinical Encounter Clinical Encounter
Clinical Encounter

NYM NYM
NYM

N Completed Okafor, Chidubem DO
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
Count: 3

04/02/2020 16:49 04/14/2020 16:50 05/12/2020 00:00

Inmate No. 304

Temperature Temperature History/Physical

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Mid-Level Provider

Count: 3

03/22/2020 00:00 03/23/2020 11:49 03/26/2020 01:40
03/26/2020 01:48
03/26/2020 15:09 03/26/2020 22:13

Inmate No. 136

PPD Administration Clinical Encounter Clinical Encounter
Exit Summary
Clinical Encounter Clinical Encounter

NYM NYM NYM
NYM
NYM NYM

N Not Started Nurse
N Completed Joaquin, Y. MLP
N Completed Yonnone, M. EMTP/AHSA
N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
N Completed Singh, Mandeep PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 60 of 319
MCC 2037

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 62 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/27/2020 07:57

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/27/2020 11:00

Temperature

NYM

N Completed

03/27/2020 13:19

Clinical Encounter

NYM

N Completed

03/27/2020 14:42

Clinical Encounter

NYM

N Completed

03/28/2020 22:54

Clinical Encounter

NYM

N Completed

03/30/2020 10:30

Clinical Encounter

NYM

N Completed

03/30/2020 14:34

Clinical Encounter

NYM

N Completed

03/30/2020 21:46

Temperature

NYM

N Completed

03/31/2020 13:50

Temperature

NYM

N Completed

04/01/2020 11:44

Temperature

NYM

N Completed

04/01/2020 14:10 04/02/2020 13:28

Inmate No. 136

Clinical Encounter Temperature

NYM NYM

N Completed N Completed

04/03/2020 10:00

Temperature

NYM

N Completed

04/03/2020 16:16

Clinical Encounter

NYM

N Completed

04/03/2020 18:49

Clinical Encounter

NYM

N Completed

04/06/2020 10:30

Temperature

NYM

N Completed

04/07/2020 09:00

Temperature

NYM

N Completed

04/08/2020 11:01

Temperature

NYM

N Completed

04/09/2020 09:00

Temperature

NYM

N Completed

04/10/2020 08:40

Temperature

NYM

N Completed

04/13/2020 09:30
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Temperature

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Singh, Mandeep PA-C Beaudouin, Robert MD Beaudouin, Robert MD Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP
Page 61 of 319
MCC 2038

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 63 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/14/2020 09:00

Reg #

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

04/15/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/15/2020 16:48

Temperature

NYM

N Completed Columbo, Joseph RN

04/16/2020 09:00 04/17/2020 08:45

Inmate No. 136

Temperature Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/18/2020 11:30 04/20/2020 12:09

Temperature Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C

04/29/2020 00:00

Chronic Care Visit
diabetic interim clinic follow up on labs

NYM

N Not Started Physician 01

needs to be on a statin drug

05/01/2020 00:00 05/13/2020 15:10

Inmate No. 136

meds expire 4/7

Clinical Encounter

NYM

N

50 yr old male with htn and diabetic referred for screening.

seen 05-01-2019

Clinical Encounter

NYM

N

Not Started Completed

Optometrist Kang, Yoon PA-C

Count: 37

05/13/2020 13:05

Inmate No. 306

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/12/2020 05:50

Inmate No. 305

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMT-
Page 62 of 319
MCC 2039

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 64 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider P/AHSA
Count: 1

03/24/2020 14:54

Inmate No. 137

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/05/2020 16:36 04/22/2020 19:53 04/25/2020 11:12

Inmate No. 307

Clinical Encounter PPD Administration PPD Reading

NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C
Count: 3

04/07/2020 10:15

Inmate No. 308

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO Count: 1

03/23/2020 11:08
03/24/2020 00:48 04/03/2020 11:10 04/06/2020 15:28 04/10/2020 15:01 04/10/2020 15:21

Inmate No. 138

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

MLP Chronic Care Follow up NYM

D/C

N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
Count: 6

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 63 of 319
MCC 2040

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 65 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/24/2020 13:39

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/30/2020 10:07
04/09/2020 22:00 04/30/2020 12:03 05/01/2020 10:41

Inmate No. 139

Chronic Care Visit

NYM

6MONTH MLP F/U.

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

N Canceled
N Completed N Completed N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Beaudouin, Robert MD Kang, Yoon PA-C Kang, Yoon PA-C
Count: 5

03/01/2020 10:24 05/06/2020 14:00

Inmate No. 309

PPD Reading Temperature

NYM NYM

N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C
Count: 2

03/13/2020 13:03 04/03/2020 19:57 04/12/2020 18:48 04/12/2020 18:51 04/14/2020 09:53 04/14/2020 15:59 04/15/2020 11:26 04/16/2020 09:53 04/17/2020 15:40

Inmate No. 140

Clinical Encounter Clinical Encounter Temperature Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Y Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Page 64 of 319
MCC 2041

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 66 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/27/2020 07:52

Inmate No. 140

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C
Count: 10

03/12/2020 07:35
04/03/2020 10:40 04/21/2020 15:45

Inmate No. 141

Intake
Clinical Encounter Exit Summary

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
N Completed Yonnone, M. EMTP/AHSA
Count: 3

05/08/2020 08:30

Inmate No. 310

Temperature

NYM

N Refused

Brenneman, Wiilliam RN Count: 1

03/12/2020 17:52 03/23/2020 13:24
04/06/2020 10:51

Inmate No. 142

Clinical Encounter Clinical Encounter

NYM NYM

Clinical Encounter - Clinical NYM Encounter

N Completed Thomas, Terrance HSA N Completed Chong, Chae Un
PharmD N Completed Okafor, Chidubem DO
Count: 3

04/13/2020 13:16

Clinical Encounter

NYM

04/14/2020 10:32 04/15/2020 11:21

Inmate No. 311

Clinical Encounter Clinical Encounter

NYM NYM

04/28/2020 10:52

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Chong, Chae Un PharmD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
N Completed Kang, Yoon PA-C
Page 65 of 319
MCC 2042

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 67 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 4

03/12/2020 06:01 03/27/2020 14:03

Inmate No. 312

Intake Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C
Count: 2

03/25/2020 11:30 03/31/2020 15:02 04/09/2020 15:11 04/20/2020 15:02 04/23/2020 15:10

Inmate No. 314

Clinical Encounter Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 5

04/20/2020 22:21 04/21/2020 11:38 04/27/2020 11:21 05/08/2020 10:15

Inmate No. 315

Clinical Encounter Clinical Encounter Temperature Temperature

NYM NYM NYM NYM

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Refused

Brenneman, Wiilliam RN

Count: 4

03/12/2020 05:56

Inmate No. 313

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 66 of 319
MCC 2043

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 68 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/02/2020 07:59

Inmate No. 791

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/06/2020 10:45 04/03/2020 14:28

Inmate No. 316

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Okafor, Chidubem DO N Completed Kang, Yoon PA-C

Count: 2

03/09/2020 05:00

Inmate No. 143

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/11/2020 09:24
04/15/2020 13:19 04/21/2020 14:30 05/09/2020 17:57

Inmate No. 144

Clinical Encounter
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C
Count: 4

03/19/2020 10:57

Clinical Encounter

NYM

03/23/2020 12:55 03/27/2020 11:17

Inmate No. 318

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
Page 67 of 319
MCC 2044

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 69 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/27/2020 11:29

Inmate Name

03/27/2020 11:34

Inmate No. 318

05/14/2020 18:00

Activity Clinical Encounter
Assessment ASTHMA.
DONE. Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Canceled

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Beaudouin, Robert MD
Brenneman, Wiilliam RN Count: 6

03/16/2020 14:07 03/27/2020 12:30 03/27/2020 12:38
04/03/2020 10:36 04/03/2020 15:11

Inmate No. 145

Clinical Encounter Clinical Encounter

NYM NYM

Chronic Care Visit

NYM

no longer on meds Clinical Encounter

NYM

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Chong, Chae Un PharmD
N Completed Okafor, Chidubem DO
Count: 5

03/31/2020 09:07 04/10/2020 10:13 04/27/2020 11:21 05/08/2020 10:15

Inmate No. 320

Clinical Encounter Clinical Encounter Temperature Temperature

NYM NYM NYM NYM

N Completed Kang, Yoon PA-C

N Completed Kang, Yoon PA-C

N Completed Joaquin, Y. MLP

N Refused

Brenneman, Wiilliam RN

Count: 4

03/02/2020 14:27

Inmate No. 321

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Chronic Care Visit

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Okafor, Chidubem DO
Page 68 of 319
MCC 2045

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 70 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/04/2020 15:33

Inmate Name

03/16/2020 15:30

03/30/2020 13:31

04/02/2020 17:24 04/14/2020 17:25

Inmate No. 321

Activity Chronic Care Visit Chronic Care Visit Chronic Care Visit Temperature
Temperature

04/17/2020 12:49 04/23/2020 14:28

Chronic Care Visit Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM

N Completed N Completed

Facility: N/A
Provider Okafor, Chidubem DO Okafor, Chidubem DO Okafor, Chidubem DO Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Okafor, Chidubem DO Chong, Chae Un PharmD
Count: 8

05/07/2020 10:43

Inmate No. 146

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO Count: 1

03/05/2020 11:54 03/09/2020 16:15 03/11/2020 08:44

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

03/12/2020 20:16 03/23/2020 08:08

Inmate No. 323

Clinical Encounter Clinical Encounter

NYM NYM

03/30/2020 14:55

Clinical Encounter

NYM

03/30/2020 22:40

Chronic Care Visit

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

6 MONTH MLP F/U.
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Beaudouin, Robert MD N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
Page 69 of 319
MCC 2046

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 71 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/02/2020 15:05 04/21/2020 13:04 04/24/2020 14:37 04/24/2020 15:44 04/26/2020 18:55 04/26/2020 21:12 04/27/2020 10:27 04/28/2020 08:45 04/30/2020 09:55 04/30/2020 10:00 05/07/2020 08:00 05/08/2020 10:42 05/09/2020 16:15
05/09/2020 16:15

Inmate No. 323

take inmate off of zantac

replace with Prilosec

re-evaluate the need for an EGD after six weeks

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

due 9/10 Chronic Care Visit

NYM

RESCHEDULED.

N Completed Kang, Yoon PA-C

N Completed Beaudouin, Robert MD

N Completed Singh, Mandeep PA-C

N Completed Beaudouin, Robert MD

N Completed Lopes, Hygor NRP

N Completed Lopes, Hygor NRP

N Completed Beaudouin, Robert MD

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Beaudouin, Robert MD

N Completed Brenneman, Wiilliam RN

N Completed Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

Count: 21

03/09/2020 04:33

Inmate No. 147

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 70 of 319
MCC 2047

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 72 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

05/09/2020 17:49

Inmate No. 147

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C
Count: 2

03/01/2020 14:21 03/04/2020 22:29 04/11/2020 14:32 04/27/2020 10:59 04/29/2020 08:45 05/07/2020 13:57

Inmate No. 322

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Temperature Clinical Encounter

NYM NYM NYM NYM NYM NYM

N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Okafor, Chidubem DO N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C
Count: 6

03/01/2020 23:04 03/12/2020 17:26 04/01/2020 11:08 04/21/2020 21:52 04/25/2020 18:11

Inmate No. 148

Clinical Encounter Intake Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP Y Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C
Count: 5

03/05/2020 16:27 03/13/2020 13:38 04/03/2020 16:20 04/06/2020 09:51

Inmate No. 149

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Page 71 of 319
MCC 2048

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 73 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/07/2020 13:27

Inmate Name

04/08/2020 10:38

04/09/2020 09:29

04/10/2020 09:15 04/14/2020 10:04

Inmate No. 149

04/24/2020 15:20

05/08/2020 15:18

Activity Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C
Count: 11

03/19/2020 22:23

Intake

NYM

N Completed Thomas, Terrance HSA

03/21/2020 07:38

Inmate No. 792

PPD Reading

NYM

N Completed Joaquin, Y. MLP

03/12/2020 21:11

Inmate No. 325

Clinical Encounter

NYM

04/12/2020 19:34 04/20/2020 00:00 04/21/2020 21:45 04/30/2020 09:30

Inmate No. 326

Clinical Encounter PPD Administration Clinical Encounter Temperature

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Count: 2
N Completed Thomas, Terrance HSA Count: 1
N Completed Beaudouin, Robert MD N Not Started Nurse Y Completed Lopes, Hygor NRP N Completed Joaquin, Y. MLP
Page 72 of 319
MCC 2049

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 74 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

05/07/2020 08:00

05/11/2020 08:00

Reg #

Inmate Name
Inmate No. 326

Activity Temperature
Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN Brenneman, Wiilliam RN
Count: 6

03/12/2020 06:01 04/06/2020 15:24

Inmate No. 327

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
Count: 2

03/10/2020 15:56 03/11/2020 15:10

Intake Clinical Encounter

NYM NYM

03/12/2020 12:20 03/12/2020 19:26 03/16/2020 13:47

PPD Reading Clinical Encounter Clinical Encounter

NYM NYM NYM

03/17/2020 14:30

Inmate No. 329

Clinical Encounter

NYM

04/27/2020 11:22

Temperature

NYM

04/28/2020 10:47

Clinical Encounter

NYM

05/01/2020 11:45

Clinical Encounter

NYM

05/04/2020 09:06

Clinical Encounter

NYM

05/08/2020 00:00

PPD Administration

NYM

05/12/2020 00:00

History/Physical

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
N Completed Chong, Chae Un PharmD
N Completed Joaquin, Y. MLP
N Completed Thomas, Terrance HSA
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
N Not Started Nurse
N Not Started Mid-Level Provider
Page 73 of 319
MCC 2050

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 75 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 12

03/25/2020 09:49 04/10/2020 13:02

Inmate No. 330

Clinical Encounter Clinical Encounter

NYM NYM

Y Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C

Count: 2

03/12/2020 20:18 04/06/2020 22:16 04/08/2020 14:46 04/20/2020 00:00 05/07/2020 08:40
05/07/2020 08:43
05/07/2020 08:46

Inmate No. 331

Clinical Encounter Clinical Encounter Clinical Encounter PPD Administration Clinical Encounter

NYM NYM NYM NYM NYM

Clinical Encounter

NYM

no clinical indication noted

Clinical Encounter

NYM

F/U FOR 12/3/19 CT SCAN REPORT. seen in Jan

N Completed Thomas, Terrance HSA

N Completed Singh, Mandeep PA-C

N Completed Okafor, Chidubem DO

N Not Started Nurse

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 7

03/12/2020 17:04

Intake

NYM

03/16/2020 12:55

Inmate No. 793

Clinical Encounter

NYM

03/30/2020 08:57

Exit Summary

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
N Completed Joaquin, Y. MLP
N Completed Columbo, Joseph RN
Page 74 of 319
MCC 2051

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 76 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 3

03/10/2020 22:08 03/13/2020 10:29

Inmate No. 794

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

03/12/2020 07:31
04/14/2020 10:31 04/24/2020 09:01

Intake
Clinical Encounter Clinical Encounter

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
Count: 3

03/13/2020 00:25 03/25/2020 00:00
03/27/2020 15:29

Inmate No. 150

Clinical Encounter

NYM

Assessment

NYM

needs to be placed in clinic

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C N Not Started Physician 01
N Completed Sommer, Diane MD, NER-MAST Physician Count: 3

03/04/2020 10:55

Inmate No. 796

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO Count: 1

04/01/2020 16:34

Inmate No. 332

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Count: 1
Page 75 of 319
MCC 2052

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 77 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/29/2020 12:45

Clinical Encounter

NYM

03/29/2020 23:27

Clinical Encounter

NYM

03/30/2020 10:36

Temperature

NYM

03/31/2020 13:48

Temperature

NYM

04/01/2020 11:45

Temperature

NYM

04/02/2020 13:24

Temperature

NYM

04/03/2020 10:00

Temperature

NYM

04/03/2020 10:00

Clinical Encounter

NYM

04/03/2020 19:48

Temperature

NYM

04/06/2020 10:30 04/07/2020 09:00

Inmate No. 333

Temperature Temperature

NYM NYM

04/07/2020 16:39

Temperature

NYM

04/08/2020 10:59

Temperature

NYM

04/08/2020 11:04

Clinical Encounter

NYM

04/08/2020 23:47

Temperature

NYM

04/09/2020 09:00

Temperature

NYM

04/09/2020 09:00

Temperature

NYM

04/10/2020 08:40

Temperature

NYM

04/11/2020 12:54

Temperature

NYM

04/12/2020 12:57

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN
Page 76 of 319
MCC 2053

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 78 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/13/2020 09:30

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

04/13/2020 10:24

Temperature

NYM

N Completed

04/14/2020 15:05 04/15/2020 11:01

Inmate No. 333

Clinical Encounter Clinical Encounter

NYM NYM

N Completed N Completed

04/26/2020 17:29

Chronic Care Visit due 4/5

NYM

N Canceled

inmate needs follow up on back pain and elbow pain

latent TB

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Beaudouin, Robert MD
Count: 25

03/09/2020 11:15

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

03/11/2020 13:09 04/05/2020 18:40
04/10/2020 12:31

Inmate No. 334

Clinical Encounter

NYM

Chronic Care Visit

NYM

annual is due 5/22

latent TB

medication expires 3/2/2020

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Completed Kang, Yoon PA-C

04/15/2020 15:23 04/23/2020 13:08

Inmate No. 334

Clinical Encounter Temperature

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
Page 77 of 319
MCC 2054

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 79 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

05/06/2020 14:35

Reg #

Inmate Name
Inmate No. 334

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C

Count: 7

03/12/2020 06:48 03/31/2020 12:08 05/06/2020 14:37

Inmate No. 335

Intake Temperature Clinical Encounter

NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
Count: 3

03/01/2020 23:05 03/03/2020 15:58 03/04/2020 08:00 03/04/2020 12:17 03/05/2020 08:10 03/06/2020 10:21 03/09/2020 14:27 03/13/2020 07:15 03/19/2020 11:59 03/19/2020 12:11 03/27/2020 00:00 03/27/2020 11:57

Inmate No. 151

Clinical Encounter Clinical Encounter Blood Glucose Clinical Encounter Blood Glucose Blood Glucose Clinical Encounter Blood Glucose Clinical Encounter Clinical Encounter History/Physical Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Not Started Mid-Level Provider N Completed Sommer, Diane MD,
NER-MAST Physician
Page 78 of 319
MCC 2055

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 80 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/27/2020 13:27

03/31/2020 13:43

Inmate Name

Activity Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

04/28/2020 09:11 05/04/2020 21:26 05/05/2020 14:11
05/05/2020 14:13 05/07/2020 08:35

Inmate No. 151

Clinical Encounter

NYM

Blood Glucose

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Assessment

NYM

N Completed N Completed N Completed
N Completed N Canceled

CARDIAC, HTN, E/L. 84 Y,O.
seen 5/5

Facility: N/A
Provider Beaudouin, Robert MD Sommer, Diane MD, NER-MAST Physician Beaudouin, Robert MD Singh, Mandeep PA-C Beaudouin, Robert MD Beaudouin, Robert MD Sommer, Diane MD, NER-MAST Physician
Count: 19

03/12/2020 06:20 03/24/2020 14:31 03/26/2020 00:18 04/15/2020 09:58

Inmate No. 152

Intake Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Chong, Chae Un
PharmD Count: 4

03/09/2020 21:05

Intake

NYM

03/12/2020 11:42 03/12/2020 20:26

Inmate No. 336

PPD Reading Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C
N Completed Joaquin, Y. MLP
N Completed Thomas, Terrance HSA
Page 79 of 319
MCC 2056

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 81 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/02/2020 16:46

Inmate Name

Activity Temperature

04/14/2020 16:46

Inmate No. 336

Temperature

05/12/2020 00:00

History/Physical

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Not Started

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Mid-Level Provider
Count: 6

03/13/2020 13:39
05/11/2020 08:54 05/12/2020 00:00

Inmate No. 337

Clinical Encounter
Clinical Encounter History/Physical

NYM
NYM NYM

N Completed Avena, Jolie PsyD/DAPC
N Completed Beaudouin, Robert MD
N Not Started Mid-Level Provider
Count: 3

03/19/2020 09:38

Inmate No. 797

Exit Summary

NYM

N Completed Beaudouin, Robert MD Count: 1

03/12/2020 06:15

Inmate No. 338

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 21:06 04/29/2020 14:34 04/29/2020 14:35 05/06/2020 19:03

Inmate No. 339

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C
Count: 4
Page 80 of 319
MCC 2057

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 82 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/10/2020 21:42

Intake

NYM

N Completed Columbo, Joseph RN

03/13/2020 10:44

Chronic Care Visit

NYM

N Completed Okafor, Chidubem DO

04/13/2020 22:00

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/17/2020 12:51

Chronic Care Visit

NYM

N Completed Okafor, Chidubem DO

05/07/2020 08:21
05/12/2020 00:00 05/13/2020 22:29

Inmate No. 340

Clinical Encounter

NYM

N Canceled

Sommer, Diane MD, NER-MAST Physician

f/u after u/s to be done December 2019 or jan 2020.-no US 1-27-20/2-18-20renew progesterone if needed.

Off risperidone prolactin now x 2 wnl.

from prior institution

History/Physical

NYM

N Not Started Mid-Level Provider

left BOP custody and returned

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

05/15/2020 00:00

Chronic Care Visit

NYM

N Not Started Psychiatrist

Pt will be rescheduled due to continued modified lockdown

Count: 8

03/01/2020 12:14 03/12/2020 21:42

Inmate No. 798

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Thomas, Terrance HSA
Page 81 of 319
MCC 2058

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 83 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/16/2020 13:46

Inmate Name

Activity Clinical Encounter

03/17/2020 14:32 03/18/2020 14:31

Inmate No. 798

Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Chong, Chae Un PharmD Chong, Chae Un PharmD Chong, Chae Un PharmD
Count: 5

03/24/2020 14:59
04/16/2020 10:03 04/24/2020 15:27 04/30/2020 08:01
05/12/2020 10:28

Inmate No. 153

05/14/2020 07:21

Clinical Encounter

NYM

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

Follow-up

NYM

recheck BP

elevated blood pressure

also has ccc

Exit Summary

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

N Completed Kang, Yoon PA-C

N Completed Kang, Yoon PA-C

N Completed Chong, Chae Un PharmD

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Kang, Yoon PA-C Count: 6

03/30/2020 12:39 04/03/2020 19:19 04/20/2020 13:58

Inmate No. 341

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 82 of 319
MCC 2059

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 84 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/23/2020 12:37

Inmate No. 341

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 4

03/13/2020 20:14 03/15/2020 10:48 03/15/2020 10:48

Inmate No. 799

Intake PPD Reading Clinical Encounter

NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN
Count: 3

03/12/2020 07:05

Intake

NYM

03/23/2020 11:56

Clinical Encounter

NYM

03/24/2020 15:19

Clinical Encounter

NYM

03/24/2020 15:25

Follow-up

NYM

03/30/2020 12:24

Inmate No. 154

s/p Remeron/propranolol

Clinical Encounter

NYM

04/05/2020 14:42

Clinical Encounter

NYM

04/05/2020 22:30

Clinical Encounter

NYM

04/30/2020 07:54

Clinical Encounter

NYM

05/04/2020 14:43

Clinical Encounter

NYM

05/04/2020 15:01

Clinical Encounter

NYM

05/04/2020 22:00

Sick Call/Triage

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA

N Completed Chong, Chae Un PharmD

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Kang, Yoon PA-C N Completed Columbo, Joseph RN N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
Page 83 of 319
MCC 2060

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 85 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Complex: NYM

Reg #: N/A

Inmate Name: N/A

Activity: Multiple

Provider Type: N/A

Scheduled Provider: N/A

Act Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Treating Facility Current Quarters Co-Pay Status

05/04/2020 22:00

Inmate No. 154

corneal abrasion.

PATIENT HAD NO VISUAL COMPLAINTS.

4 Day Dr Eval

NYM

N Canceled

due 3/36. DONE.

Facility: N/A
Provider Beaudouin, Robert MD
Count: 12

03/02/2020 07:50

Inmate No. 800

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 06:45
03/27/2020 15:12 04/09/2020 22:03 04/29/2020 11:09 05/11/2020 15:14

Inmate No. 155

Intake
Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 5

03/04/2020 00:00
03/09/2020 04:42 04/01/2020 22:34 04/06/2020 15:38 04/22/2020 15:27

Inmate No. 156

History/Physical due 3/17
Intake
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Not Started MLP 01
N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Page 84 of 319
MCC 2061

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 86 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/22/2020 15:30

Inmate Name

04/24/2020 20:36 05/06/2020 15:27

Inmate No. 156

05/06/2020 23:42

Activity Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Singh, Mandeep PA-C Beaudouin, Robert MD Beaudouin, Robert MD
Count: 9

03/05/2020 23:13 03/08/2020 10:15 04/15/2020 12:47 05/04/2020 00:00
05/04/2020 07:09
05/07/2020 00:00

Inmate No. 342

Intake PPD Reading Clinical Encounter History/Physical
overdue Clinical Encounter
Assessment PULM CLINIC

NYM NYM NYM NYM
NYM
NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 02
Count: 6

03/02/2020 07:51

Inmate No. 801

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/09/2020 05:34 04/01/2020 19:30

Inmate No. 343

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 85 of 319
MCC 2062

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 87 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/08/2020 07:50

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

04/15/2020 00:00 05/12/2020 12:12

Inmate No. 343

Chronic Care Visit
Asthma Clinical Encounter

NYM NYM

N Not Started Physician 01
N Completed Sommer, Diane MD, NER-MAST Physician Count: 5

04/09/2020 13:19 04/16/2020 14:02 04/23/2020 13:19 05/13/2020 15:01

Inmate No. 344

Temperature Clinical Encounter Temperature Clinical Encounter

NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
Count: 4

03/09/2020 05:11 04/29/2020 00:00

Inmate No. 157

Intake

NYM

Clinical Encounter

NYM

HX OF SARCOIDOSIS. 6 MONTH FOLLOW-UP.

N Completed Yonnone, M. EMTP/AHSA
N Not Started Optometrist
Count: 2

03/01/2020 12:19 03/12/2020 22:06 03/18/2020 00:00

Inmate No. 345

Clinical Encounter Clinical Encounter Assessment

NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Not Started Physician 02

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 86 of 319
MCC 2063

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 88 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Complex: NYM

Reg #: N/A

Inmate Name: N/A

Activity: Multiple

Provider Type: N/A

Scheduled Provider: N/A

Act Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Treating Facility Current Quarters Co-Pay Status

still needs an H and P

05/12/2020 10:29

Inmate No. 345

Sick Call/Triage

NYM

N Canceled

forearm abrasion from use of force

overdue

still needs an H and P

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 4

03/12/2020 20:41

Inmate No. 802

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

03/12/2020 17:33

Intake

NYM

N Completed Singh, Mandeep PA-C

03/24/2020 13:39 03/27/2020 12:14 04/03/2020 10:45

Inmate No. 158

Temperature Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C

04/10/2020 16:13

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/29/2020 00:00

Clinical Encounter

NYM

diabetic male. 1 year follow-up.

N Not Started Optometrist Count: 6

03/09/2020 04:30

Inmate No. 347

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Intake

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMT-
Page 87 of 319
MCC 2064

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 89 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

04/26/2020 00:00

Inmate No. 347

PPD Administration

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

Facility: N/A
Provider P/AHSA Nurse
Count: 2

05/04/2020 14:48 05/07/2020 08:00

Inmate No. 348

Clinical Encounter Temperature

NYM NYM

N Completed Kang, Yoon PA-C N Completed Brenneman, Wiilliam RN
Count: 2

04/01/2020 23:17

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/22/2020 19:53 04/25/2020 11:12

Inmate No. 159

PPD Administration PPD Reading

NYM NYM

N Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C

05/13/2020 00:00

Chronic Care Visit

NYM

N Not Started Physician 01

Count: 4

03/01/2020 12:20 03/13/2020 00:24

Inmate No. 349

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Thomas, Terrance HSA
Count: 2

04/03/2020 11:22 04/20/2020 14:55

Inmate No. 350

Clinical Encounter Temperature

NYM NYM

N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 88 of 319
MCC 2065

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 90 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/23/2020 12:53

05/12/2020 00:00

Reg #

Inmate Name

Inmate No. 350

Activity Temperature
History/Physical

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Not Started

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Mid-Level Provider
Count: 4

03/12/2020 23:49 04/03/2020 17:30

Inmate No. 351

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Beaudouin, Robert MD
Count: 2

03/02/2020 13:07 03/11/2020 00:00
03/11/2020 08:06

Clinical Encounter

NYM

N Completed

Assessment

NYM

inmate is not in clinic

N Not Started

needs a substitution for zantac

h.pylori stool antigen never collected - do you still want or need this test

Clinical Encounter

NYM

N Completed

03/18/2020 14:54 04/02/2020 15:14

Inmate No. 352

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

04/03/2020 10:00

Temperature

NYM

04/03/2020 20:04

Clinical Encounter

NYM

04/06/2020 10:30

Temperature

NYM

04/06/2020 12:35

Clinical Encounter

NYM

04/07/2020 09:00

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed N Completed
N Completed N Completed N Completed N Completed N Completed

Joaquin, Y. MLP Physician 01
Sommer, Diane MD, NER-MAST Physician Beaudouin, Robert MD Beaudouin, Robert MD
Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP
Page 89 of 319
MCC 2066

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 91 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/07/2020 16:33

Inmate Name

04/08/2020 11:02

04/13/2020 12:55

04/16/2020 11:37

04/17/2020 10:44

04/21/2020 13:40

04/23/2020 17:24

04/27/2020 09:00

04/28/2020 09:00 04/29/2020 09:00

Inmate No. 352

04/30/2020 09:00

05/05/2020 07:30

05/05/2020 13:11

05/06/2020 07:30

05/07/2020 07:30

05/08/2020 07:30

05/11/2020 20:48

Activity Temperature Temperature Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature Temperature Clinical Encounter Temperature Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Beaudouin, Robert MD Beaudouin, Robert MD Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Brenneman, Wiilliam RN Beaudouin, Robert MD Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Beaudouin, Robert MD
Count: 27

03/05/2020 12:00 03/08/2020 10:15

Inmate No. 353

PPD Administration PPD Reading

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 90 of 319
MCC 2067

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 92 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/01/2020 22:40

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

04/03/2020 13:31

Clinical Encounter

NYM

N Completed

04/04/2020 23:00

Clinical Encounter

NYM

N Completed

04/08/2020 13:11 04/09/2020 10:19

Inmate No. 353

Clinical Encounter Clinical Encounter

NYM NYM

N Completed N Completed

04/28/2020 09:48

Clinical Encounter - Clinical NYM Encounter

N Completed

04/29/2020 08:45

Temperature

NYM

N Completed

05/05/2020 09:04

Clinical Encounter

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Joaquin, Y. MLP Singh, Mandeep PA-C Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD Joaquin, Y. MLP Beaudouin, Robert MD
Count: 10

03/12/2020 06:51

Inmate No. 354

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/31/2020 09:13 04/10/2020 15:48 04/14/2020 14:06 04/16/2020 08:13
04/16/2020 08:14

Inmate No. 355

Clinical Encounter Clinical Encounter Clinical Encounter Assessment
ASTHMA History/Physical

NYM NYM NYM NYM
NYM

04/20/2020 23:28

duplicate Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C

N Completed Beaudouin, Robert MD

N Completed Okafor, Chidubem DO

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Singh, Mandeep PA-C
Page 91 of 319
MCC 2068

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 93 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/20/2020 23:28

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

04/24/2020 13:03

Clinical Encounter

NYM

N Completed

04/24/2020 14:43

Clinical Encounter

NYM

N Completed

04/26/2020 22:51

Clinical Encounter

NYM

N Completed

04/27/2020 09:00

Inmate No. 355

Temperature

NYM

N Completed

04/28/2020 09:00

Temperature

NYM

N Completed

04/29/2020 08:54

Clinical Encounter - Clinical NYM Encounter

N Completed

04/29/2020 09:00

Temperature

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP
Count: 14

03/10/2020 16:21 03/12/2020 18:19

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C

05/08/2020 00:00 05/08/2020 19:32

Inmate No. 160

Follow-up

NYM

Abdominal pain radiating to his

Clinical Encounter

NYM

N Not Started Mid-Level Provider Y Completed Lopes, Hygor NRP

05/09/2020 18:25

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

Count: 5

03/07/2020 12:45

Inmate No. 161

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Page 92 of 319
MCC 2069

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 94 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/02/2020 07:26

Inmate No. 161

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C
Count: 2

03/25/2020 13:41

Inmate No. 356

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

05/06/2020 14:00

Inmate No. 357

Temperature

NYM

N Completed Kang, Yoon PA-C Count: 1

03/09/2020 04:28 04/30/2020 00:00

Inmate No. 162

Intake

NYM

N Completed Joaquin, Y. MLP

Clinical Encounter

NYM

N Not Started Optometrist

35 YR OLD MALE WITH HX OF LEFT EYE BLINDNESS DUE TO OPTIC NERVE DAMAGE FROM BOXING INJURY IN 2000. PLEASE PERFORM RETINAL SCREEING, IOP, REFRACTION.
Count: 2

03/10/2020 15:50 03/26/2020 13:33 04/09/2020 16:05 04/17/2020 12:46 04/17/2020 12:49

Inmate No. 358

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Chronic Care Visit

NYM NYM NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD Y Completed Joaquin, Y. MLP N Completed Okafor, Chidubem DO
Count: 5

04/28/2020 13:29

Inmate No. 359

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 93 of 319
MCC 2070

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 95 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/23/2020 12:50 05/11/2020 13:06

Inmate No. 360

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Kang, Yoon PA-C
Count: 2

05/05/2020 09:51

Inmate No. 361

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

04/10/2020 10:19

Inmate No. 362

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/29/2020 12:05

Inmate No. 163

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

03/01/2020 08:00 03/02/2020 07:35 03/03/2020 07:10 03/03/2020 18:33 03/04/2020 07:30 03/04/2020 16:33 03/05/2020 07:30

Inmate No. 164

Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose

NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Page 94 of 319
MCC 2071

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 96 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/06/2020 15:00

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/08/2020 08:00

Blood Glucose

NYM

N Completed

03/09/2020 20:46

Blood Glucose

NYM

N Completed

03/12/2020 15:51

Blood Glucose

NYM

N Completed

03/13/2020 15:18

Blood Glucose

NYM

N Completed

03/14/2020 07:00

Blood Glucose

NYM

N Completed

03/15/2020 07:00

Blood Glucose

NYM

N Completed

03/15/2020 15:21

Blood Glucose

NYM

N Completed

03/17/2020 15:35

Blood Glucose

NYM

N Completed

03/18/2020 15:12

Blood Glucose

NYM

N Completed

03/20/2020 06:55

Inmate No. 164

Blood Glucose

NYM

N Completed

03/21/2020 07:00

Blood Glucose

NYM

N Completed

03/21/2020 15:22

Blood Glucose

NYM

N Completed

03/22/2020 16:18

Blood Glucose

NYM

N Completed

03/23/2020 07:20

Blood Glucose

NYM

N Completed

03/23/2020 15:48

Blood Glucose

NYM

N Completed

03/26/2020 15:40

Blood Glucose

NYM

N Completed

03/29/2020 22:31

Blood Glucose

NYM

N Completed

03/30/2020 07:50

Blood Glucose

NYM

N Completed

03/31/2020 07:40

Blood Glucose

NYM

N Completed

04/02/2020 07:10
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Blood Glucose

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed

Facility: N/A
Provider Thomas, Terrance HSA Joaquin, Y. MLP Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Columbo, Joseph RN Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Kang, Yoon PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP
Page 95 of 319
MCC 2072

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 97 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/05/2020 09:00

04/05/2020 22:49

04/06/2020 07:45

04/07/2020 07:25

04/08/2020 07:30

04/09/2020 07:25

04/10/2020 07:20

04/11/2020 09:30

04/11/2020 18:28

04/12/2020 09:00 04/12/2020 22:12

Inmate No. 164

04/13/2020 08:00

04/13/2020 21:15

04/14/2020 07:40

04/14/2020 20:44

04/15/2020 07:35

04/15/2020 19:49

04/16/2020 07:40

04/16/2020 18:54

04/17/2020 07:35

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Singh, Mandeep PA-C Columbo, Joseph RN Singh, Mandeep PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 96 of 319
MCC 2073

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 98 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/17/2020 20:52

04/18/2020 08:55

Inmate Name

Activity Blood Glucose
Blood Glucose

04/18/2020 19:55 04/19/2020 19:37 04/20/2020 07:35 04/21/2020 07:35 04/21/2020 09:08 04/22/2020 07:15 04/23/2020 06:50 04/23/2020 19:43 04/24/2020 07:10 04/25/2020 11:01 04/26/2020 19:08 04/27/2020 07:35 04/27/2020 20:49 04/28/2020 07:05 04/28/2020 19:15 04/29/2020 06:55 04/29/2020 18:16 04/30/2020 06:55

Inmate No. 164

Blood Glucose Blood Glucose Blood Glucose Blood Glucose Clinical Encounter Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Yonnone, M. EMTP/AHSA Singh, Mandeep PA-C Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Kang, Yoon PA-C Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Lopes, Hygor NRP Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Lopes, Hygor NRP Joaquin, Y. MLP Lopes, Hygor NRP Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 97 of 319
MCC 2074

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 99 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/30/2020 15:26

Inmate Name

05/02/2020 20:09

05/03/2020 18:53

05/04/2020 06:45

05/04/2020 21:26

05/05/2020 06:35

05/05/2020 18:38

05/06/2020 09:32

05/07/2020 06:30

05/08/2020 06:30 05/08/2020 19:01

Inmate No. 164

05/09/2020 12:15

05/09/2020 20:47

05/10/2020 09:11

05/10/2020 16:51

05/11/2020 06:30

05/11/2020 11:55

05/11/2020 20:50

05/12/2020 07:30

05/12/2020 10:31

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Clinical Encounter Blood Glucose Blood Glucose Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Canceled

Facility: N/A
Provider Joaquin, Y. MLP Singh, Mandeep PA-C Singh, Mandeep PA-C Kang, Yoon PA-C Singh, Mandeep PA-C Brenneman, Wiilliam RN Lopes, Hygor NRP Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Lopes, Hygor NRP Singh, Mandeep PA-C Singh, Mandeep PA-C Lopes, Hygor NRP Lopes, Hygor NRP Brenneman, Wiilliam RN Brenneman, Wiilliam RN Singh, Mandeep PA-C Kang, Yoon PA-C Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 98 of 319
MCC 2075

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 100 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Complex: NYM

Reg #: N/A

Inmate Name: N/A

Activity: Multiple

Provider Type: N/A

Scheduled Provider: N/A

Act Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Treating Facility Current Quarters Co-Pay Status

54 y/o male w/ HTN, IDDM

05/12/2020 17:00

duplicate Blood Glucose

NYM

N Completed

05/13/2020 07:30

Blood Glucose

NYM

N Completed

05/13/2020 20:50 05/14/2020 07:30

Inmate No. 164

Blood Glucose Blood Glucose

NYM NYM

N Completed N Completed

05/14/2020 15:00

Blood Glucose

NYM

N Completed

Facility: N/A
Provider
Brenneman, Wiilliam RN Kang, Yoon PA-C Lopes, Hygor NRP Kang, Yoon PA-C Brenneman, Wiilliam RN
Count: 93

03/01/2020 12:21 04/02/2020 16:35 04/10/2020 16:38 04/15/2020 16:37 04/23/2020 16:40

Inmate No. 364

Clinical Encounter Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM

N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 5

03/11/2020 11:11

Inmate No. 363

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

04/17/2020 13:49

Inmate No. 803

Exit Summary

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Page 99 of 319
MCC 2076

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 101 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

04/22/2020 13:46

Intake

NYM

N Completed Kang, Yoon PA-C

04/22/2020 14:33

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/23/2020 10:00

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/27/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/28/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/29/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/30/2020 09:00 05/05/2020 07:30

Inmate No. 365

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN

05/05/2020 09:19

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/06/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/07/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/11/2020 07:30

Temperature

NYM

N Completed Brenneman, Wiilliam RN

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 100 of 319
MCC 2077

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 102 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/11/2020 16:07

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD

05/12/2020 00:00 05/12/2020 10:25

Inmate No. 365

14 Day Dr Eval Temperature

NYM NYM

N Not Started Physician 01 N Completed Kang, Yoon PA-C

05/12/2020 10:32

Follow-up DM

NYM

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 17

04/17/2020 13:13 04/20/2020 09:18 04/22/2020 19:49 04/24/2020 10:40 04/27/2020 09:00 04/28/2020 09:00 04/29/2020 09:00 04/30/2020 09:00 05/04/2020 13:18 05/12/2020 00:00

Inmate No. 366

Intake PPD Reading PPD Administration PPD Reading Temperature Temperature Temperature Temperature Clinical Encounter History/Physical

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Lopes, Hygor NRP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Not Started Mid-Level Provider
Count: 10

03/11/2020 08:53

Inmate No. 804

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 101 of 319
MCC 2078

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 103 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

03/24/2020 08:10

Reg #

Inmate Name
Inmate No. 804

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C
Count: 2

03/09/2020 04:44

Intake

NYM

N Completed Joaquin, Y. MLP

04/09/2020 09:43 05/12/2020 00:00

Inmate No. 367

Clinical Encounter History/Physical

NYM NYM

N Completed Beaudouin, Robert MD N Not Started Mid-Level Provider

Count: 3

04/13/2020 15:46 04/14/2020 09:00 04/14/2020 16:11 04/15/2020 09:00 04/15/2020 09:19 04/15/2020 09:19 04/15/2020 16:27 04/16/2020 10:38 04/17/2020 10:24 04/18/2020 11:22
04/20/2020 09:00

Inmate No. 368

Intake Temperature Temperature Temperature PPD Reading Clinical Encounter Temperature Clinical Encounter Clinical Encounter Temperature
Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM
NYM

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Yonnone, M. EMT-
P/AHSA N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 102 of 319
MCC 2079

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 104 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/21/2020 09:56

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

04/22/2020 00:00

Procedure

NYM

N Not Started

04/22/2020 09:30

FOR STAPLES/SUTURES RE

Clinical Encounter

NYM

N Completed

04/23/2020 08:30 04/24/2020 08:45

Inmate No. 368

Temperature Temperature

NYM NYM

N Completed N Completed

04/24/2020 20:21

Clinical Encounter

NYM

N Completed

04/27/2020 09:00

Temperature

NYM

N Completed

05/12/2020 00:00

History/Physical

NYM

N Not Started

05/12/2020 10:34

Clinical Encounter

NYM

N Canceled

WOUND CARE. duplicate

Facility: N/A
Provider Joaquin, Y. MLP Mid-Level Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Mid-Level Provider Sommer, Diane MD, NER-MAST Physician
Count: 20

04/08/2020 09:33 04/08/2020 23:50

Clinical Encounter - Clinical NYM Encounter

Temperature

NYM

N Completed Beaudouin, Robert MD N Completed Columbo, Joseph RN

04/09/2020 09:00 04/10/2020 08:40

Inmate No. 369

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/11/2020 13:02

Temperature

NYM

N Completed Columbo, Joseph RN

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 103 of 319
MCC 2080

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 105 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/12/2020 13:02

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN

04/13/2020 09:30

Temperature

NYM

N Completed Joaquin, Y. MLP

04/14/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/14/2020 16:21

Temperature

NYM

N Completed Columbo, Joseph RN

04/15/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/15/2020 16:44

Temperature

NYM

N Completed Columbo, Joseph RN

04/16/2020 09:00 04/17/2020 08:45

Inmate No. 369

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/18/2020 11:31 04/20/2020 08:45

Temperature Temperature

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP

04/21/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/22/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/22/2020 12:58 04/23/2020 08:30

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 104 of 319
MCC 2081

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 106 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 19

03/01/2020 12:21 04/01/2020 16:41
04/15/2020 12:16

Inmate No. 370

Clinical Encounter Clinical Encounter
Clinical Encounter

NYM NYM
NYM

N Completed Beaudouin, Robert MD
N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
Count: 3

03/06/2020 10:56 03/31/2020 17:00 05/08/2020 10:15

Inmate No. 371

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

N Completed Okafor, Chidubem DO

N Completed Columbo, Joseph RN

N Refused

Brenneman, Wiilliam RN

Count: 3

03/09/2020 05:32

Intake

NYM

04/02/2020 14:43 04/03/2020 10:00 04/03/2020 19:46 04/06/2020 10:30 04/07/2020 09:00 04/07/2020 11:38 04/08/2020 09:30 04/08/2020 23:45

Inmate No. 373

Clinical Encounter Temperature Temperature Temperature Temperature Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN
Page 105 of 319
MCC 2082

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 107 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/09/2020 09:00

Inmate Name

04/10/2020 08:40

04/10/2020 11:03

04/11/2020 12:50

04/12/2020 12:55

04/13/2020 09:30 04/14/2020 09:00

Inmate No. 373

04/14/2020 16:08

04/15/2020 09:00

04/15/2020 16:31

04/17/2020 08:45

04/18/2020 11:24

Activity Temperature Temperature Clinical Encounter Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Yonnone, M. EMTP/AHSA
Count: 21

04/10/2020 16:01 04/20/2020 09:48 04/27/2020 11:23 05/04/2020 00:00

Inmate No. 372

Clinical Encounter Temperature Temperature PPD Administration

NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Not Started Nurse
Count: 4

03/10/2020 16:34

Inmate No. 378

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 106 of 319
MCC 2083

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 108 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

03/12/2020 18:41

Reg #

Inmate Name
Inmate No. 378

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Thomas, Terrance HSA
Count: 2

04/15/2020 14:43 05/14/2020 14:52

Inmate No. 376

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Okafor, Chidubem DO N Completed Okafor, Chidubem DO
Count: 2

03/23/2020 12:46 04/01/2020 14:58 05/07/2020 14:35

Inmate No. 375

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Okafor, Chidubem DO
Count: 3

03/18/2020 08:30 04/16/2020 13:54 04/18/2020 21:45 04/20/2020 22:03
04/22/2020 10:43 04/23/2020 21:24 04/28/2020 08:45 05/07/2020 08:00

Inmate No. 165

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C
N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN
Count: 8
Page 107 of 319
MCC 2084

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 109 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/13/2020 00:10 03/13/2020 09:00
03/25/2020 12:15

Inmate No. 377

Clinical Encounter
Sick Call/Triage headache/LBP
Clinical Encounter

NYM NYM
NYM

N Completed Singh, Mandeep PA-C N Not Started Physician 01
N Completed Sommer, Diane MD, NER-MAST Physician Count: 3

03/29/2020 00:00
03/29/2020 12:10
04/03/2020 02:24 04/13/2020 21:29 04/27/2020 11:23 05/08/2020 10:15 05/11/2020 10:50

Inmate No. 374

14 Day Dr Eval overdue
Clinical Encounter
Clinical Encounter Clinical Encounter Temperature Temperature Clinical Encounter

NYM
NYM
NYM NYM NYM NYM NYM

N Not Started Physician 01

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Refused

Brenneman, Wiilliam RN

N Completed Okafor, Chidubem DO

Count: 7

03/02/2020 12:32 03/03/2020 11:31

Inmate No. 805

Intake

NYM

PPD Administration

NYM

New PPD planted yesterday 03-02-2020 Pending reading

N Completed Kang, Yoon PA-C

N Canceled

Joaquin, Y. MLP

Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 108 of 319
MCC 2085

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 110 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

03/12/2020 19:05

Inmate No. 379

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Thomas, Terrance HSA
Count: 1

03/01/2020 12:24

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/02/2020 17:16 05/11/2020 14:44

Inmate No. 380

Temperature Exit Summary

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Yonnone, M. EMTP/AHSA
Count: 3

03/25/2020 12:35
04/12/2020 15:18 04/14/2020 11:14 04/17/2020 20:54 05/14/2020 11:17

Inmate No. 381

Clinical Encounter
Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C
Count: 5

03/03/2020 11:44

Inmate No. 806

Exit Summary

NYM

N Completed Kang, Yoon PA-C Count: 1

03/15/2020 18:29 04/28/2020 08:45

Inmate No. 382

Clinical Encounter Temperature

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
N Completed Joaquin, Y. MLP
Count: 2
Page 109 of 319
MCC 2086

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 111 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/27/2020 14:33 04/28/2020 09:00 04/29/2020 09:00 04/29/2020 09:37 04/30/2020 09:00 05/01/2020 00:00
05/05/2020 07:30 05/06/2020 07:30 05/07/2020 07:30 05/08/2020 07:30 05/11/2020 07:30 05/11/2020 16:20 05/12/2020 00:00

Inmate No. 383

Intake Temperature Temperature PPD Reading Temperature Follow-up
Suture removal Temperature Temperature Temperature Temperature Temperature Clinical Encounter History/Physical

NYM NYM NYM NYM NYM NYM
NYM NYM NYM NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Not Started Mid-Level Provider
N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Beaudouin, Robert MD N Not Started Mid-Level Provider
Count: 13

03/03/2020 11:32 03/07/2020 12:32

Inmate No. 166

PPD Administration

NYM

Had a PPD completed on 08/10/2020

Clinical Encounter

NYM

N Canceled

Joaquin, Y. MLP

N Completed Kang, Yoon PA-C Count: 2

03/01/2020 10:26

Inmate No. 167

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

PPD Reading

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
Page 110 of 319
MCC 2087

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 112 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/01/2020 10:27

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/09/2020 14:54

Clinical Encounter - Clinical NYM Encounter

N Completed

03/09/2020 15:11

Clinical Encounter

NYM

N Completed

03/09/2020 15:38

Assessment

NYM

N Canceled

04/14/2020 14:34

Inmate No. 167

GEN CLINIC. DONE. Clinical Encounter

NYM

N Completed

05/12/2020 00:00

History/Physical

NYM

N Not Started

05/12/2020 10:36

Clinical Encounter

NYM

N Canceled

05/12/2020 10:37

needs H and P first MLP Chronic Care Follow up NYM

N Canceled

needs H and P

Facility: N/A
Provider Columbo, Joseph RN Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD
Beaudouin, Robert MD Mid-Level Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 9

03/02/2020 09:31 03/10/2020 16:39 03/27/2020 11:08 03/27/2020 11:10

Inmate No. 168

Clinical Encounter Clinical Encounter

NYM NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

6 MONTH MLP F/U.

N Completed Kang, Yoon PA-C

N Completed Sommer, Diane MD, NER-MAST Physician

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 4

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 111 of 319
MCC 2088

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 113 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

03/13/2020 00:00

05/13/2020 00:00

Reg #

Inmate Name
Inmate No. 386

Activity Clinical Encounter
History/Physical

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Not Started

Facility: N/A
Provider Singh, Mandeep PA-C Mid-Level Provider
Count: 2

04/03/2020 11:52 04/14/2020 14:32 05/12/2020 12:28 05/12/2020 12:36
05/12/2020 12:37

Inmate No. 387

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

Chronic Care Visit

NYM

can remove from clinic

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

N Completed Kang, Yoon PA-C

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 5

03/28/2020 20:59

Clinical Encounter

NYM

03/30/2020 10:35

Temperature

NYM

03/31/2020 13:46

Temperature

NYM

04/01/2020 11:46

Temperature

NYM

04/02/2020 13:25 04/03/2020 10:00

Inmate No. 388

Temperature Temperature

NYM NYM

04/03/2020 19:49

Temperature

NYM

04/06/2020 10:30

Temperature

NYM

04/07/2020 09:00

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 112 of 319
MCC 2089

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 114 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/07/2020 16:36

Inmate Name

04/08/2020 10:58

04/08/2020 23:46

04/09/2020 09:00

04/10/2020 08:40 04/11/2020 12:52

Inmate No. 388

04/12/2020 12:56

04/13/2020 09:30

04/13/2020 09:30

Activity Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP
Count: 18

03/22/2020 11:48 03/24/2020 08:37 04/21/2020 12:37 04/21/2020 13:36

Inmate No. 169

Intake PPD Reading Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 4

03/23/2020 08:23 04/03/2020 02:28 04/20/2020 00:00

Inmate No. 170

Clinical Encounter Clinical Encounter PPD Administration

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C
N Not Started Nurse

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 113 of 319
MCC 2090

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 115 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/20/2020 22:28

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C

04/23/2020 12:51

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/28/2020 08:45 05/04/2020 15:01

Inmate No. 170

Temperature Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C

05/07/2020 08:00

Temperature

NYM

N Completed Brenneman, Wiilliam RN

Count: 8

03/12/2020 19:14

Inmate No. 394

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

03/09/2020 05:05 03/13/2020 00:00 03/27/2020 11:33 04/01/2020 15:04 04/08/2020 00:00

Inmate No. 391

Intake

NYM

Clinical Encounter Clinical Encounter

NYM NYM

Clinical Encounter

NYM

Assessment

NYM

needs to be enrolled in clinic

N Completed Yonnone, M. EMTP/AHSA
N Completed Thomas, Terrance HSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 01
Count: 5

03/09/2020 05:21

Inmate No. 390

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 114 of 319
MCC 2091

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 116 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/24/2020 00:00

Inmate No. 390

Activity PPD Administration

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

Facility: N/A
Provider Nurse
Count: 2

03/13/2020 00:06

Inmate No. 807

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/12/2020 05:51

Intake

NYM

N Completed Joaquin, Y. MLP

03/24/2020 15:26 03/24/2020 15:31 05/12/2020 00:00

Inmate No. 389

05/12/2020 10:42

Clinical Encounter

NYM

Chronic Care Visit

NYM

meds expire next month

History/Physical

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Not Started Mid-Level Provider

inmate went to a state facility in 2016

never had an H and p when he returned to the BOP

14 Day Dr Eval

NYM

N Canceled

needs an H and P

Sommer, Diane MD, NER-MAST Physician
Count: 5

03/12/2020 18:10 04/09/2020 14:35

Inmate No. 392

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

N Completed Singh, Mandeep PA-C N Completed Okafor, Chidubem DO
Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 115 of 319
MCC 2092

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 117 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/17/2020 18:33

Inmate Name

Activity ntake

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN

03/20/2020 07:48

PPD Reading

NYM

N Completed Joaquin, Y. MLP

03/20/2020 07:49

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

04/10/2020 13:26 04/16/2020 11:12

Inmate No. 395

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD

04/29/2020 13:00

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/08/2020 09:07

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/13/2020 00:00

History/Physical

NYM

N Not Started Mid-Level Provider

Count: 8

03/24/2020 23:32

Inmate No. 396

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/13/2020 00:14 05/04/2020 08:40

Inmate No. 397

Clinical Encounter Chronic Care Visit

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

DUE 11/27 can remove from clinic
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C

N Canceled

Sommer, Diane MD, NER-MAST Physician

Page 116 of 319
MCC 2093

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 118 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/27/2020 11:26 03/27/2020 11:31

Inmate No. 171

Clinical Encounter

NYM

Chronic Care Visit

NYM

6 MONTH MLP F/U.

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 2

03/12/2020 18:47

Inmate No. 398

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

03/12/2020 06:23

Inmate No. 399

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/04/2020 13:03 05/14/2020 10:22

Inmate No. 400

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Kang, Yoon PA-C N Completed Okafor, Chidubem DO

Count: 2

03/05/2020 09:07 03/05/2020 09:17

Inmate No. 808

Clinical Encounter Chronic Care Visit

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

HIV interim clinic needs meds renewed
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Page 117 of 319
MCC 2094

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 119 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/05/2020 09:21

Inmate Name

Activity EKG

03/07/2020 16:15 03/09/2020 23:25 03/10/2020 07:10

Inmate No. 808

Clinical Encounter Clinical Encounter Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM NYM NYM

N Completed N Completed N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Beaudouin, Robert MD Yonnone, M. EMTP/AHSA
Count: 6

03/17/2020 14:16

Clinical Encounter

NYM

Y Completed Beaudouin, Robert MD

04/01/2020 08:07 04/29/2020 00:00

Inmate No. 402

Clinical Encounter

NYM

Clinical Encounter

NYM

FOR EYEGLASSES RX.

N Completed Kang, Yoon PA-C N Not Started Optometrist
Count: 3

03/05/2020 21:41 04/23/2020 14:18 04/23/2020 15:35 04/29/2020 00:00

Inmate No. 172

Clinical Encounter Clinical Encounter Clinical Encounter Follow-up
BP check

NYM NYM NYM NYM

Y Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider
Count: 4

03/09/2020 10:47

Inmate No. 173

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Okafor, Chidubem DO
Count: 1
Page 118 of 319
MCC 2095

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 120 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/25/2020 13:35 03/26/2020 14:10 04/08/2020 11:01

Inmate No. 403

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
N Completed Kang, Yoon PA-C

04/16/2020 14:57

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Count: 4

03/02/2020 07:51

Inmate No. 809

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/09/2020 03:14 03/31/2020 12:30 04/02/2020 16:52 04/14/2020 16:53 04/15/2020 16:53

Inmate No. 404

Intake Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 5

03/01/2020 12:24

Inmate No. 405

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
Page 119 of 319
MCC 2096

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 121 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/04/2020 00:00
03/12/2020 18:57 04/01/2020 22:32 04/06/2020 14:15

Inmate No. 174

Clinical Encounter

NYM

N

HIV+ INMATE REFERRED FOR ROUITNE SCREENING.

Clinical Encounter

NYM

N

Clinical Encounter

NYM

N

Clinical Encounter

NYM

N

Not Started
Completed Completed Completed

Optometrist
Thomas, Terrance HSA Beaudouin, Robert MD Columbo, Joseph RN
Count: 4

04/03/2020 16:16

Inmate No. 406

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

04/01/2020 16:49
04/09/2020 13:19
04/21/2020 14:51 04/21/2020 15:21 04/23/2020 11:22 04/23/2020 13:18

Inmate No. 407

Clinical Encounter
Temperature
Clinical Encounter Clinical Encounter Clinical Encounter Temperature

NYM
NYM
NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 6

03/05/2020 23:20

Inmate No. 408

Intake

NYM

N Completed Singh, Mandeep PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 120 of 319
MCC 2097

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 122 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/07/2020 18:10

Inmate Name

Activity PPD Reading

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C

04/08/2020 00:00
04/09/2020 13:25 04/23/2020 13:24 05/12/2020 00:00

Inmate No. 408

Assessment

NYM

PULM CLINIC.
needs an H and P Temperature

NYM

Temperature

NYM

History/Physical

NYM

N Not Started Physician 02
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Mid-Level Provider

Count: 6

03/13/2020 20:04

Intake

NYM

N Completed Singh, Mandeep PA-C

03/15/2020 10:38

PPD Reading

NYM

N Completed Columbo, Joseph RN

03/27/2020 00:00 03/27/2020 11:40 03/30/2020 22:31

Inmate No. 409

History/Physical
overdue Clinical Encounter
Clinical Encounter

NYM NYM NYM

N Not Started Mid-Level Provider
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C

04/03/2020 11:15

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/04/2020 08:54

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 121 of 319
MCC 2098

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 123 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 7

03/06/2020 00:26

Inmate No. 810

Intake

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/13/2020 11:00

Inmate No. 811

Exit Summary

NYM

N Completed Beaudouin, Robert MD Count: 1

03/02/2020 07:52

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 06:27
03/15/2020 10:14 03/25/2020 23:58 04/06/2020 15:35

Inmate No. 813

Intake
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Columbo, Joseph RN N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Count: 4

03/12/2020 07:38 03/12/2020 12:32

Inmate No. 175

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP
Count: 2

03/12/2020 18:33

Inmate No. 411

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
Page 122 of 319
MCC 2099

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 124 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/04/2020 00:00

Inmate No. 411

Activity PPD Administration

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

Provider Nurse

Count: 2

03/17/2020 22:53 03/24/2020 15:00
04/01/2020 16:47
04/06/2020 13:19
05/06/2020 08:44 05/14/2020 13:36 05/15/2020 00:00

Inmate No. 412

Clinical Encounter Clinical Encounter
Clinical Encounter
Clinical Encounter
Clinical Encounter Clinical Encounter Follow-up
Suture removal

NYM NYM
NYM
NYM
NYM NYM NYM

N Completed Columbo, Joseph RN N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Yonnone, M. EMT-
P/AHSA N Completed Yonnone, M. EMT-
P/AHSA N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider
Count: 7

03/09/2020 02:38
03/12/2020 19:52 04/14/2020 14:09 04/23/2020 13:16

Inmate No. 176

Intake
Clinical Encounter Clinical Encounter Temperature

NYM
NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Thomas, Terrance HSA
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 4

03/12/2020 06:15

Inmate No. 410

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 123 of 319
MCC 2100

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 125 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/30/2020 12:36

Inmate Name

05/11/2020 15:10 05/13/2020 00:00

Inmate No. 410

Activity Clinical Encounter Clinical Encounter History/Physical

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Provider Kang, Yoon PA-C

NYM

N Completed Kang, Yoon PA-C

NYM

N Not Started Mid-Level Provider

Count: 4

03/06/2020 21:34 04/08/2020 14:01 05/08/2020 14:39 05/13/2020 10:09

Inmate No. 177

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 4

03/10/2020 16:45 03/23/2020 12:00 04/09/2020 22:06

Inmate No. 178

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD
Count: 3

04/27/2020 14:49 04/27/2020 15:07

Inmate No. 179

Clinical Encounter Chronic Care Visit
D/C

NYM NYM

N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
Count: 2

03/25/2020 11:41

Inmate No. 414

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 124 of 319
MCC 2101

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 126 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/07/2020 10:19

Inmate No. 414

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Okafor, Chidubem DO
Count: 2

03/12/2020 07:29 04/10/2020 21:30

Inmate No. 415

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Singh, Mandeep PA-C
Count: 2

03/06/2020 00:14 03/08/2020 10:15 03/18/2020 10:47 04/06/2020 22:24 04/10/2020 13:28 04/10/2020 13:33 04/12/2020 19:52 04/17/2020 00:00
04/24/2020 13:41 04/30/2020 09:30 05/07/2020 08:00 05/12/2020 10:56

Inmate No. 416

Intake

NYM

PPD Reading

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Procedure

NYM

SUTURE REMOVAL.

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP Y Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Not Started Mid-Level Provider
N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Sommer, Diane MD,
NER-MAST Physician Count: 12
Page 125 of 319
MCC 2102

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 127 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/06/2020 16:38 03/08/2020 10:16

Inmate No. 814

Intake PPD Reading

NYM NYM

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP
Count: 2

03/12/2020 20:31 05/13/2020 00:00

Inmate No. 417

Clinical Encounter History/Physical

NYM NYM

N Completed Thomas, Terrance HSA N Not Started Mid-Level Provider
Count: 2

03/07/2020 12:21

Inmate No. 182

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

04/10/2020 15:36 04/23/2020 15:35

Inmate No. 419

Temperature Temperature

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

04/30/2020 13:19 04/30/2020 14:59

Inmate No. 757

Intake Clinical Encounter

NYM NYM

N Completed Kang, Yoon PA-C N Completed Okafor, Chidubem DO
Count: 2

03/12/2020 18:20

Clinical Encounter

NYM

05/12/2020 10:45

Inmate No. 180

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
N Completed Sommer, Diane MD,
Page 126 of 319
MCC 2103

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 128 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

05/12/2020 10:48 N 17838-104

Inmate No. 180

MLP Chronic Care Follow up NYM not needed

N Canceled

Facility: N/A
Provider NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 3

04/08/2020 10:06 04/09/2020 07:00

Clinical Encounter - Clinical NYM Encounter

Temperature

NYM

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP

04/10/2020 08:40

Temperature

NYM

N Completed Joaquin, Y. MLP

04/11/2020 13:01

Temperature

NYM

N Completed Columbo, Joseph RN

04/12/2020 13:02

Temperature

NYM

N Completed Columbo, Joseph RN

04/13/2020 09:30 04/14/2020 09:00

Inmate No. 420

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/14/2020 16:20

Temperature

NYM

N Completed Columbo, Joseph RN

04/15/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

04/15/2020 16:45

Temperature

NYM

N Completed Columbo, Joseph RN

04/16/2020 09:00

Temperature

NYM

N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 127 of 319
MCC 2104

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 129 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/17/2020 08:45

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

04/18/2020 11:31 04/20/2020 08:45

Temperature Temperature

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP

04/21/2020 09:00 04/22/2020 09:00

Inmate No. 420

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/22/2020 13:05 04/23/2020 08:30

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Joaquin, Y. MLP

Count: 18

03/01/2020 10:24

PPD Reading

NYM

N Completed Columbo, Joseph RN

03/01/2020 10:24

Clinical Encounter

NYM

N Completed Columbo, Joseph RN

03/03/2020 14:15 03/09/2020 05:12

Inmate No. 184

Clinical Encounter Intake

NYM NYM

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP

03/25/2020 00:00

Assessment

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

needs to be placed in clinic
discuss treatment for latent TB
Bureau of Prisons - NYM
Subject to Protective Order

N Not Started Physician 01
Page 128 of 319
MCC 2105

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 130 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/16/2020 14:12

Inmate No. 184

needs to be on a statin drug

discuss ammonia lactate - why does he need

evaluate nails - does he need oral Lamisil

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Count: 6

04/01/2020 16:28

Inmate No. 422

Clinical Encounter

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

05/12/2020 10:50 05/12/2020 10:54

Inmate No. 185

Clinical Encounter

NYM

Chronic Care Visit

NYM

6 MONTH MLP F/U.

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 2

03/11/2020 12:24 04/08/2020 08:59 04/13/2020 21:56 05/11/2020 13:30

Inmate No. 186

Clinical Encounter Temperature Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
Count: 4

03/09/2020 02:49

Inmate No. 187

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Page 129 of 319
MCC 2106

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 131 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/09/2020 04:53

Inmate Name

03/26/2020 01:06

03/27/2020 00:00

Inmate No. 187

03/27/2020 11:49

Activity Intake
Clinical Encounter
14 Day Dr Eval due 4/9
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Not Started

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Beaudouin, Robert MD Physician 01 Sommer, Diane MD, NER-MAST Physician
Count: 5

03/11/2020 13:06
03/19/2020 14:31 03/24/2020 08:11

Inmate No. 188

Clinical Encounter
Clinical Encounter Exit Summary

NYM
NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
N Completed Kang, Yoon PA-C
Count: 3

04/08/2020 23:53 05/07/2020 12:08

Inmate No. 423

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Columbo, Joseph RN N Completed Beaudouin, Robert MD
Count: 2

04/01/2020 16:48 05/08/2020 21:11

Inmate No. 424

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Lopes, Hygor NRP
Count: 2

03/12/2020 06:34

Inmate No. 425

Intake

NYM

N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 130 of 319
MCC 2107

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 132 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

03/24/2020 13:36

Reg #

Inmate Name
Inmate No. 425

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 2

03/27/2020 12:42

Clinical Encounter

NYM

Y Completed Beaudouin, Robert MD

04/03/2020 12:33 05/11/2020 19:54

Inmate No. 426

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Singh, Mandeep PA-C

Count: 3

03/16/2020 11:12 03/18/2020 14:06 03/18/2020 14:06 04/03/2020 15:21 05/14/2020 00:00

Inmate No. 427

Intake PPD Reading Clinical Encounter Clinical Encounter History/Physical

NYM NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider
Count: 5

03/07/2020 12:39

Inmate No. 815

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/14/2020 11:38

Inmate No. 189

Clinical Encounter

NYM

N Completed Columbo, Joseph RN Count: 1

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 131 of 319
MCC 2108

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 133 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/01/2020 10:49

Inmate Name

03/06/2020 23:16

Inmate No. 816

03/08/2020 10:16

Activity PPD Reading Intake
PPD Reading

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Yonnone, M. EMTP/AHSA Joaquin, Y. MLP
Count: 3

03/02/2020 08:45

Inmate No. 817

Exit Summary

NYM

N Completed Kang, Yoon PA-C Count: 1

03/09/2020 04:16
04/14/2020 14:10 05/07/2020 14:47

Inmate No. 428

Intake
Clinical Encounter Clinical Encounter

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Okafor, Chidubem DO
N Completed Okafor, Chidubem DO
Count: 3

03/09/2020 10:56 03/17/2020 22:10
03/25/2020 12:04 04/29/2020 08:45 05/08/2020 08:30 05/11/2020 08:00

Inmate No. 190

Clinical Encounter Chronic Care Visit
D/C Clinical Encounter Temperature Temperature Clinical Encounter

NYM NYM
NYM NYM NYM NYM

N Completed Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

N Completed Thomas, Terrance HSA

N Completed Joaquin, Y. MLP

N Refused

Brenneman, Wiilliam RN

N Completed Brenneman, Wiilliam RN

Count: 6

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 132 of 319
MCC 2109

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 134 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/13/2020 09:26

Inmate Name

03/13/2020 09:28 03/13/2020 09:43

Inmate No. 818

Activity PPD Administration Clinical Encounter Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP
Count: 3

05/04/2020 00:00

Inmate No. 429

Chronic Care Visit due 6/5

NYM

N Not Started Physician 01 Count: 1

03/04/2020 23:27 03/06/2020 15:09

Inmate No. 819

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

03/16/2020 23:29 03/18/2020 20:08 05/14/2020 00:00

Inmate No. 430

Intake PPD Reading History/Physical

NYM NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Not Started Mid-Level Provider
Count: 3

03/01/2020 12:26

Inmate No. 432

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/19/2020 14:04 03/23/2020 13:08

Inmate No. 431

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Chong, Chae Un PharmD
Page 133 of 319
MCC 2110

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 135 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/01/2020 10:55

Inmate Name

04/11/2020 00:00 04/22/2020 00:00

Inmate No. 431

Activity Clinical Encounter PPD Administration Chronic Care Visit
annual due 5/23

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Not Started

NYM

N Not Started

Provider Beaudouin, Robert MD Nurse Physician 01

Count: 5

04/16/2020 10:43

Inmate No. 191

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/03/2020 13:01 03/12/2020 06:35
03/13/2020 15:18 03/23/2020 10:33 03/24/2020 14:27

Inmate No. 192

Clinical Encounter Intake
Blood Glucose Clinical Encounter Clinical Encounter

NYM NYM
NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Yonnone, M. EMT-
P/AHSA N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 5

03/12/2020 13:36

Inmate No. 193

Intake

NYM

N Completed Thomas, Terrance HSA Count: 1

03/02/2020 07:53

Inmate No. 820

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/11/2020 08:10

Inmate No. 433

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD,
Page 134 of 319
MCC 2111

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 136 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

04/01/2020 15:45 04/08/2020 00:00

Inmate No. 433

Clinical Encounter Follow-up

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM

N Completed N Not Started

Facility: N/A
Provider NER-MAST Physician Beaudouin, Robert MD Mid-Level Provider
Count: 3

03/01/2020 12:27 03/12/2020 20:12 05/14/2020 20:05

Inmate No. 436

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Thomas, Terrance HSA N Completed Brenneman, Wiilliam RN
Count: 3

03/09/2020 03:59

Inmate No. 435

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/24/2020 08:13

Inmate No. 821

Exit Summary

NYM

N Completed Kang, Yoon PA-C Count: 1

03/02/2020 12:15 04/01/2020 23:00

Inmate No. 194

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD
Count: 2

03/09/2020 13:43 03/11/2020 09:44

Inmate No. 437

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician
Page 135 of 319
MCC 2112

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 137 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/11/2020 09:48

Inmate Name

Activity Clinical Encounter

04/08/2020 00:00

Inmate No. 437

BP CHECK. Chronic Care Visit

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Canceled

NYM

N Not Started

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Mid-Level Provider

6 MONTH MLP F/U

Count: 4

03/06/2020 10:42 04/01/2020 16:44

Inmate No. 439

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Okafor, Chidubem DO
N Completed Yonnone, M. EMTP/AHSA
Count: 2

03/19/2020 09:46 03/23/2020 12:07 03/24/2020 13:53 03/25/2020 11:22 03/26/2020 14:41 03/26/2020 22:18 03/27/2020 11:32 03/30/2020 11:30 03/31/2020 13:53 04/30/2020 09:30 05/12/2020 00:00

Inmate No. 196

Clinical Encounter Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter Temperature Temperature Chronic Care Visit

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD

N Completed Joaquin, Y. MLP

N Refused

Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Beaudouin, Robert MD

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Not Started Physician 02

Page 136 of 319
MCC 2113

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 138 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

05/12/2020 11:26

Inmate No. 196

Activity Sick Call/Triage

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Canceled

SUTURE REMOVAL.

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 12

03/01/2020 10:26 03/03/2020 11:23 03/11/2020 13:45
04/03/2020 12:33

Inmate No. 438

PPD Reading

NYM

PPD Administration

NYM

New PPD completed on 03/01/2020

History/Physical

NYM

not done at prior institution

Clinical Encounter

NYM

N Completed Columbo, Joseph RN N Canceled Joaquin, Y. MLP

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Okafor, Chidubem DO Count: 4

03/09/2020 07:33

Inmate No. 822

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/04/2020 08:01

Inmate No. 823

Exit Summary

NYM

N Completed Kang, Yoon PA-C Count: 1

03/09/2020 04:38

Intake

NYM

03/11/2020 15:48

Clinical Encounter

NYM

03/11/2020 16:03 03/14/2020 12:56

Inmate No. 197

Clinical Encounter Clinical Encounter

NYM NYM

03/20/2020 11:56
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
N Completed Columbo, Joseph RN
N Completed Beaudouin, Robert MD
Page 137 of 319
MCC 2114

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 139 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

03/20/2020 12:09

Reg #

03/25/2020 13:46

Inmate Name

Activity Clinical Encounter Clinical Encounter

04/15/2020 13:16 04/25/2020 11:13 04/26/2020 21:24 04/27/2020 11:24 05/08/2020 10:15

Inmate No. 197

Clinical Encounter Clinical Encounter Clinical Encounter Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM NYM NYM NYM NYM

Y Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider Beaudouin, Robert MD Sommer, Diane MD, NER-MAST Physician Joaquin, Y. MLP Singh, Mandeep PA-C Lopes, Hygor NRP Joaquin, Y. MLP Brenneman, Wiilliam RN
Count: 12

03/12/2020 13:23 03/18/2020 08:42 04/23/2020 00:00

Inmate No. 440

Intake

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

28 y/o male w/ decreased vision in Lt eye

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP N Not Started Optometrist
Count: 3

03/11/2020 09:17

Inmate No. 441

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

03/02/2020 07:45 03/03/2020 07:35 03/04/2020 07:50

Inmate No. 198

Blood Glucose Blood Glucose Blood Glucose

NYM NYM NYM

N No Show N No Show N No Show

Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 138 of 319
MCC 2115

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 140 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/12/2020 17:19

Inmate Name

Activity Intake

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/17/2020 15:36

Blood Glucose

NYM

N Completed

03/18/2020 15:13

Blood Glucose

NYM

N Completed

03/22/2020 16:18

Blood Glucose

NYM

N Completed

03/23/2020 07:20

Blood Glucose

NYM

N Completed

03/23/2020 15:48

Blood Glucose

NYM

N Completed

03/29/2020 22:30

Blood Glucose

NYM

N Completed

04/05/2020 22:49

Blood Glucose

NYM

N Completed

04/11/2020 18:30

Blood Glucose

NYM

N Completed

04/12/2020 22:12

Blood Glucose

NYM

N Refused

04/13/2020 21:14

Inmate No. 198

Blood Glucose

NYM

N Completed

04/14/2020 20:43

Blood Glucose

NYM

N Completed

04/15/2020 19:49

Blood Glucose

NYM

N Completed

04/16/2020 18:54

Blood Glucose

NYM

N Completed

04/17/2020 20:52

Blood Glucose

NYM

N Completed

04/18/2020 19:55

Blood Glucose

NYM

N Completed

04/19/2020 19:37

Blood Glucose

NYM

N Completed

04/23/2020 19:43

Blood Glucose

NYM

N Completed

04/25/2020 20:27

Blood Glucose

NYM

N Completed

04/26/2020 19:08

Blood Glucose

NYM

N Completed

04/27/2020 20:48
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Blood Glucose

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Kang, Yoon PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Columbo, Joseph RN Columbo, Joseph RN Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Lopes, Hygor NRP Singh, Mandeep PA-C
Page 139 of 319
MCC 2116

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 141 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/29/2020 18:17

04/30/2020 15:27

05/04/2020 21:26

05/07/2020 20:45 05/09/2020 20:45

Inmate No. 198

05/11/2020 20:41

05/13/2020 20:50

05/14/2020 15:00

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Clinical Encounter Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Lopes, Hygor NRP Joaquin, Y. MLP Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Lopes, Hygor NRP Brenneman, Wiilliam RN
Count: 32

03/10/2020 22:45

Intake

NYM

N Completed Columbo, Joseph RN

03/13/2020 10:29 03/15/2020 16:07

Inmate No. 824

PPD Reading Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD

04/17/2020 13:47

Exit Summary

NYM

N Completed Kang, Yoon PA-C

Count: 4

03/12/2020 12:57 03/27/2020 15:31
04/15/2020 00:00

Inmate No. 199

Intake Clinical Encounter
PPD Administration

NYM NYM
NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Nurse
Page 140 of 319
MCC 2117

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 142 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/12/2020 00:00

Inmate Name
Inmate No. 199

Activity Chronic Care Visit
due 6/12

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

should be on a statin

Facility: N/A
Provider Physician 01
Count: 4

04/27/2020 11:18

Inmate No. 443

Temperature

NYM

N Completed Joaquin, Y. MLP Count: 1

03/12/2020 06:58 03/24/2020 13:38 03/26/2020 09:56 03/27/2020 13:58 03/30/2020 12:33

Inmate No. 444

Intake Temperature Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
Count: 5

03/27/2020 17:54 04/01/2020 10:37 04/28/2020 08:45 05/07/2020 08:00

Inmate No. 445

Clinical Encounter Clinical Encounter Temperature Temperature

NYM NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN
Count: 4

03/07/2020 15:15

Inmate No. 825

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Page 141 of 319
MCC 2118

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 143 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/05/2020 14:00 03/23/2020 09:04 04/10/2020 09:40
04/16/2020 14:37

Inmate No. 446

Clinical Encounter Clinical Encounter Clinical Encounter
Clinical Encounter

NYM NYM NYM
NYM

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Chong, Chae Un
PharmD N Completed Okafor, Chidubem DO
Count: 4

03/13/2020 22:19 04/14/2020 10:55
05/06/2020 14:00 05/13/2020 00:00

Inmate No. 447

Clinical Encounter Clinical Encounter
Temperature Assessment
clinic placement

NYM NYM
NYM NYM

N Completed Singh, Mandeep PA-C N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Kang, Yoon PA-C N Not Started Physician 01
Count: 4

03/09/2020 04:52

Intake

NYM

N Completed

03/16/2020 10:27

Clinical Encounter

NYM

N Completed

05/04/2020 21:55 05/08/2020 08:29

Inmate No. 448

Clinical Encounter Clinical Encounter

NYM NYM

N Completed N Completed

05/12/2020 00:00

History/Physical

NYM

N Not Started

05/13/2020 00:00

returned from a state facility in 2018 and never had a new H and P

Chronic Care Visit

NYM

N Not Started

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Yonnone, M. EMTP/AHSA Joaquin, Y. MLP Singh, Mandeep PA-C Beaudouin, Robert MD Mid-Level Provider
Physician 02
Page 142 of 319
MCC 2119

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 144 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 6

03/09/2020 05:14 03/09/2020 22:44

Inmate No. 200

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
Count: 2

03/24/2020 15:08 03/26/2020 11:48 04/22/2020 19:53 04/25/2020 11:12

Inmate No. 449

Intake PPD Reading PPD Administration PPD Reading

NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C
Count: 4

03/31/2020 13:47

Inmate No. 749

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO Count: 1

03/12/2020 17:30 04/06/2020 11:32 05/07/2020 19:46

Inmate No. 451

Intake Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Thomas, Terrance HSA N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C
Count: 3

04/02/2020 17:06 04/10/2020 17:08

Inmate No. 452

Temperature Temperature

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Page 143 of 319
MCC 2120

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 145 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/27/2020 12:54

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/02/2020 17:01 04/23/2020 17:03

Inmate No. 453

Temperature Temperature

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 3

03/25/2020 14:33

Inmate No. 201

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

03/09/2020 07:28

Inmate No. 826

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 06:55
03/27/2020 15:18 04/28/2020 07:48

Inmate No. 454

Intake
Clinical Encounter Clinical Encounter

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
N Completed Kang, Yoon PA-C
Count: 3

03/03/2020 22:01 03/05/2020 09:39

Inmate No. 827

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 144 of 319
MCC 2121

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 146 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/17/2020 16:48 03/28/2020 00:00 03/28/2020 07:47
04/17/2020 00:00

Inmate No. 456

Clinical Encounter History/Physical Clinical Encounter

NYM NYM NYM

Assessment

NYM

clinic placement asthma

N Completed Columbo, Joseph RN N Not Started Mid-Level Provider N Completed Sommer, Diane MD,
NER-MAST Physician N Not Started Physician 01
Count: 4

03/09/2020 04:24 05/09/2020 17:44

Inmate No. 457

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Singh, Mandeep PA-C

Count: 2

03/09/2020 04:06 03/28/2020 07:54 05/07/2020 08:00

Inmate No. 202

Intake Clinical Encounter Temperature

NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Brenneman, Wiilliam RN
Count: 3

04/03/2020 12:35

Clinical Encounter

NYM

04/14/2020 14:09 05/14/2020 14:54

Inmate No. 458

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Okafor, Chidubem DO
N Completed Okafor, Chidubem DO
N Completed Okafor, Chidubem DO
Page 145 of 319
MCC 2122

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 147 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 3

03/07/2020 03:21
03/09/2020 11:02 03/21/2020 19:55

Inmate No. 828

Intake
PPD Reading Clinical Encounter

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP
N Completed Singh, Mandeep PA-C
Count: 3

03/05/2020 12:04 05/14/2020 10:18

Inmate No. 459

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Y Completed Beaudouin, Robert MD N Completed Okafor, Chidubem DO
Count: 2

03/12/2020 07:54

Inmate No. 829

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/09/2020 11:30

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

03/09/2020 15:06 04/22/2020 19:53 04/25/2020 11:12

Inmate No. 460

Clinical Encounter PPD Administration PPD Reading

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Lopes, Hygor NRP
N Completed Singh, Mandeep PA-C

05/06/2020 14:00

Temperature

NYM

N Completed Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 146 of 319
MCC 2123

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 148 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/07/2020 19:33

Inmate Name
Inmate No. 460

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C

Count: 6

04/10/2020 19:12 04/11/2020 12:56 04/11/2020 22:14 04/12/2020 08:13 04/12/2020 12:58 04/13/2020 09:30 04/14/2020 09:00 04/14/2020 16:12 04/15/2020 09:00 04/15/2020 16:42 04/15/2020 16:44 04/16/2020 09:00 04/17/2020 08:45 04/18/2020 11:29

Inmate No. 462

Intake Temperature Clinical Encounter PPD Reading Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

04/20/2020 08:45 04/21/2020 09:00 04/22/2020 09:00

Temperature Temperature Temperature

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Yonnone, M. EMT-
P/AHSA N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 147 of 319
MCC 2124

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 149 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/23/2020 08:30

04/24/2020 08:45

Reg #

Inmate Name
Inmate No. 462

Activity Temperature
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP
Count: 19

03/09/2020 07:33
03/06/2020 22:47 03/08/2020 10:16 03/09/2020 17:01

Inmate No. 830 Inmate No. 831

Exit Summary

NYM

Intake
PPD Reading Clinical Encounter

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA Count: 1
N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD
Count: 3

04/02/2020 16:54 04/09/2020 15:21 04/09/2020 17:23 04/10/2020 15:23 04/14/2020 16:55 04/15/2020 16:56

Inmate No. 463

Temperature Temperature Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 148 of 319
MCC 2125

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 150 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 6

03/05/2020 23:28

Intake

NYM

N Completed Singh, Mandeep PA-C

03/07/2020 18:11 03/21/2020 19:59

Inmate No. 464

PPD Reading Clinical Encounter

NYM NYM

N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C

Count: 3

03/04/2020 10:37

Clinical Encounter

NYM

03/12/2020 07:53

Clinical Encounter

NYM

03/12/2020 18:04

Clinical Encounter

NYM

04/05/2020 19:55

Clinical Encounter

NYM

04/09/2020 14:39

Clinical Encounter

NYM

04/27/2020 23:22

Clinical Encounter

NYM

04/30/2020 12:07 05/01/2020 14:23

Inmate No. 203

Clinical Encounter Clinical Encounter

NYM NYM

05/01/2020 14:58

Clinical Encounter

NYM

05/01/2020 15:15 05/08/2020 07:30

MLP Chronic Care Follow up NYM

6 MONTH F/U. Temperature

NYM

05/11/2020 07:30

Temperature

NYM

05/12/2020 10:22

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C

N Completed Beaudouin, Robert MD

N Completed Singh, Mandeep PA-C

N Completed Beaudouin, Robert MD

N Completed Okafor, Chidubem DO

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

N Completed Brenneman, Wiilliam RN
N Completed Brenneman, Wiilliam RN
N Completed Kang, Yoon PA-C
Page 149 of 319
MCC 2126

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 151 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/13/2020 09:40

Inmate Name

05/13/2020 09:53 05/14/2020 11:34

Inmate No. 203

05/14/2020 16:09

Activity Temperature Clinical Encounter Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Beaudouin, Robert MD
Count: 17

03/03/2020 16:30 03/20/2020 10:30 03/28/2020 08:04

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

04/03/2020 17:32

Clinical Encounter

NYM

04/04/2020 23:45

Blood Glucose

NYM

04/07/2020 07:55

Blood Glucose

NYM

04/08/2020 08:40 04/09/2020 08:20

Inmate No. 204

Blood Glucose Blood Glucose

NYM NYM

04/11/2020 20:46

Clinical Encounter

NYM

04/12/2020 22:12

Blood Glucose

NYM

04/13/2020 08:45

Blood Glucose

NYM

04/13/2020 16:43

Clinical Encounter

NYM

04/13/2020 21:59

Blood Glucose

NYM

04/14/2020 08:15

Blood Glucose

NYM

04/15/2020 08:20

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C Y Completed Joaquin, Y. MLP N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 150 of 319
MCC 2127

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 152 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/16/2020 08:20

Inmate Name

04/17/2020 08:10

04/18/2020 19:55

04/19/2020 19:36

04/20/2020 08:20

04/21/2020 08:20

04/22/2020 08:00

04/23/2020 08:40

04/24/2020 08:00

04/27/2020 07:35 04/28/2020 07:50

Inmate No. 204

04/29/2020 07:40

04/30/2020 07:45

04/30/2020 15:31

05/02/2020 20:09

05/03/2020 18:53

05/06/2020 22:00

05/09/2020 12:15

05/09/2020 20:45

05/11/2020 20:50

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 151 of 319
MCC 2128

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 153 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 35

03/12/2020 21:17 03/26/2020 00:00

Inmate No. 465

Clinical Encounter Assessment
latent TB

NYM NYM

N Completed Thomas, Terrance HSA N Not Started Physician 01
Count: 2

03/13/2020 00:12 04/03/2020 19:39

Inmate No. 466

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Thomas, Terrance HSA N Completed Beaudouin, Robert MD
Count: 2

03/06/2020 00:52 03/08/2020 10:16 03/08/2020 11:58 04/11/2020 19:58 05/04/2020 00:00
05/04/2020 08:45

Inmate No. 467

Intake

NYM

PPD Reading

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

History/Physical overdue

NYM

discuss latent TB treatment

Clinical Encounter

NYM

05/04/2020 08:48

Sick Call/Triage

NYM

shortness of breath

05/05/2020 13:53
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

seen Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C N Not Started Mid-Level Provider

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Kang, Yoon PA-C
Page 152 of 319
MCC 2129

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 154 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

05/07/2020 08:00

Reg #

Inmate Name
Inmate No. 467

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Refused

Facility: N/A
Provider Brenneman, Wiilliam RN
Count: 9

03/02/2020 21:03 03/09/2020 05:08 03/12/2020 22:24 04/18/2020 00:00

Inmate No. 468

Clinical Encounter Intake Clinical Encounter PPD Administration

NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Yonnone, M. EMTP/AHSA
N Completed Singh, Mandeep PA-C
N Not Started Nurse
Count: 4

03/13/2020 09:32

Inmate No. 832

Exit Summary

NYM

N Completed Joaquin, Y. MLP Count: 1

03/12/2020 18:35

Inmate No. 471

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/04/2020 00:00
03/12/2020 06:32 03/16/2020 16:08 03/23/2020 12:05

Inmate No. 469

History/Physical due 3/17

NYM

needs to be enrolled in clinic

Intake

NYM

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Not Started MLP 01
N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD N Completed Chong, Chae Un
PharmD
Page 153 of 319
MCC 2130

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 155 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/24/2020 13:50

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

05/13/2020 00:00

Inmate No. 469

Assessment

NYM

inmate returned on Paxil will need to be enrolled in MH clinic

N Not Started

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Physician 01

elevated lipids

Count: 6

03/12/2020 22:31 03/15/2020 10:37 03/16/2020 23:30 03/17/2020 23:21

Inmate No. 833

Intake PPD Reading Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Thomas, Terrance HSA N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN
Count: 4

03/09/2020 11:00 03/09/2020 15:19
03/27/2020 07:24 03/27/2020 09:41

Inmate No. 205

Clinical Encounter Clinical Encounter
Exit Summary Exit Summary

NYM NYM
NYM NYM

N Completed Beaudouin, Robert MD N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Thomas, Terrance HSA N Completed Kang, Yoon PA-C
Count: 4

03/12/2020 22:45 03/13/2020 09:31 03/15/2020 06:47

Inmate No. 470

Intake Clinical Encounter PPD Reading

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Beaudouin, Robert MD N Completed Columbo, Joseph RN
Page 154 of 319
MCC 2131

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 156 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/16/2020 14:03

Inmate Name

Activity Clinical Encounter

05/04/2020 00:00 05/04/2020 08:12

Inmate No. 470

History/Physical
overdue Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Not Started

Provider Chong, Chae Un PharmD
Mid-Level Provider

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 6

04/03/2020 15:13

Inmate No. 472

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO Count: 1

03/19/2020 22:09

Inmate No. 834

Intake

NYM

N Completed Thomas, Terrance HSA Count: 1

03/31/2020 16:50 05/05/2020 00:00

Inmate No. 473

Clinical Encounter PPD Administration

NYM NYM

N Completed Columbo, Joseph RN N Not Started Nurse

Count: 2

04/06/2020 00:00

Inmate No. 474

Chronic Care Visit

NYM

6 MONTH MLP F/U.

N Not Started Mid-Level Provider Count: 1

03/12/2020 13:15

Inmate No. 475

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Intake

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
Page 155 of 319
MCC 2132

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 157 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

04/09/2020 20:13 04/10/2020 08:40 04/11/2020 08:13 04/11/2020 13:00 04/12/2020 12:59 04/13/2020 09:30 04/14/2020 09:00 04/14/2020 16:12 04/15/2020 00:00
04/15/2020 09:00 04/15/2020 16:39 04/16/2020 20:07 04/17/2020 08:45 04/18/2020 11:27

Inmate No. 476

Intake

NYM

Temperature

NYM

PPD Reading

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Sick Call/Triage

NYM

FOR SUTURE REMOVAL.

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

04/20/2020 08:45 04/21/2020 09:00 04/22/2020 09:00 04/23/2020 08:30

Temperature Temperature Temperature Temperature

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Not Started Mid-Level Provider
N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Yonnone, M. EMT-
P/AHSA N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 156 of 319
MCC 2133

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 158 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

04/24/2020 08:45

05/12/2020 00:00

Reg #

Inmate Name

Inmate No. 476

Activity Clinical Encounter
History/Physical

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Not Started

Facility: N/A
Provider Joaquin, Y. MLP Mid-Level Provider
Count: 20

03/12/2020 05:55
03/24/2020 15:26
05/01/2020 15:18 05/02/2020 20:23 05/06/2020 14:44 05/11/2020 09:28

Inmate No. 477

Intake
Temperature
Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM
NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Singh, Mandeep PA-C
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
Count: 6

04/01/2020 16:39

Inmate No. 478

Clinical Encounter

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/17/2020 18:14 03/20/2020 07:48 04/15/2020 12:46 04/27/2020 00:00 05/13/2020 00:00

Inmate No. 479

Intake PPD Reading Clinical Encounter History/Physical Assessment

NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider N Not Started Physician 02
Count: 5
Page 157 of 319
MCC 2134

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 159 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/05/2020 12:00 03/08/2020 10:15 03/12/2020 23:29 04/16/2020 00:00

Inmate No. 1

PPD Administration PPD Reading Clinical Encounter Chronic Care Visit

NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Not Started Physician 02
Count: 4

04/21/2020 22:07 04/21/2020 22:49
04/22/2020 09:00 04/23/2020 08:30 04/24/2020 08:45 04/27/2020 09:00 04/28/2020 09:00 04/29/2020 09:00 04/30/2020 09:00 05/05/2020 07:30 05/05/2020 15:37

Inmate No. 2

Intake Chronic Care Visit
D/C Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter

NYM NYM
NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Lopes, Hygor NRP

N Canceled

Beaudouin, Robert MD

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Beaudouin, Robert MD
Count: 11

03/02/2020 07:54

Inmate No. 835

Exit Summary

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Page 158 of 319
MCC 2135

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 160 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/12/2020 13:54 N 03/13/2020 07:15 N 03/17/2020 15:34 N 03/22/2020 13:18 N
03/23/2020 15:49 N 03/26/2020 09:31 N

Intake Blood Glucose Blood Glucose Clinical Encounter
D/C Blood Glucose Clinical Encounter

NYM NYM NYM NYM
NYM NYM

04/14/2020 07:40 N

Blood Glucose

NYM

04/14/2020 20:44 N

Blood Glucose

NYM

04/17/2020 07:35 N 04/23/2020 11:36 N

Inmate No. 4

Blood Glucose Clinical Encounter

NYM NYM

04/23/2020 11:39 N

Clinical Encounter

NYM

04/23/2020 23:14 N 04/28/2020 07:05 N

14 Day Dr Eval
due 4/9 Blood Glucose

NYM NYM

04/29/2020 06:55 N

Blood Glucose

NYM

04/30/2020 06:55 N

Blood Glucose

NYM

04/30/2020 15:24 N

Blood Glucose

NYM

05/05/2020 06:30 N

Blood Glucose

NYM

05/06/2020 06:30 N
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Blood Glucose

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Canceled

Beaudouin, Robert MD

N Completed Kang, Yoon PA-C

N Completed Sommer, Diane MD, NER-MAST Physician

N Completed Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N Completed Joaquin, Y. MLP

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN
Page 159 of 319
MCC 2136

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 161 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

05/09/2020 12:14 N

05/11/2020 06:30 N

05/12/2020 07:30 N 05/13/2020 07:30 N

Inmate No. 4

05/14/2020 07:30 N

05/14/2020 15:00 N

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Brenneman, Wiilliam RN Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Brenneman, Wiilliam RN
Count: 24

05/11/2020 00:00 N

Inmate No. 480

PPD Administration

NYM

N Not Started Nurse Count: 1

03/21/2020 15:21 N 03/25/2020 00:00 N
04/15/2020 07:10 N 04/15/2020 09:50 N

Inmate No. 5

Blood Glucose

NYM

Chronic Care Visit

NYM

6 MONTH MLP F/U.

Blood Glucose

NYM

Clinical Encounter

NYM

N Completed Columbo, Joseph RN N Not Started Mid-Level Provider
N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C
Count: 4

03/11/2020 00:00 N 03/12/2020 23:58 N

Inmate No. 481

Clinical Encounter

NYM

29 y/o male w/ decreased vision in right eye

Clinical Encounter

NYM

N Not Started Optometrist
N Completed Singh, Mandeep PA-C Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 160 of 319
MCC 2137

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 162 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/04/2020 22:18 N

03/05/2020 11:30 N

03/10/2020 00:01 N

04/02/2020 16:59 N

04/14/2020 14:17 N 04/15/2020 17:00 N

Inmate Name
Inmate No. 6

Activity Clinical Encounter Clinical Encounter Chronic Care Visit
md Temperature
Clinical Encounter Temperature

04/17/2020 10:28 N

Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Canceled

NYM NYM NYM NYM

N Completed N Completed N Completed N Completed

Facility: N/A
Provider Columbo, Joseph RN Beaudouin, Robert MD Beaudouin, Robert MD
Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C
Count: 7

03/23/2020 08:17 N 04/02/2020 17:09 N 04/10/2020 17:11 N 04/14/2020 17:09 N

Inmate No. 482

Clinical Encounter Temperature Temperature Temperature

NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 4

04/02/2020 13:27 N 04/09/2020 15:19 N

Inmate No. 483

Temperature Temperature

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 161 of 319
MCC 2138

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 163 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/10/2020 13:29 N

Inmate Name

Activity Temperature

04/14/2020 13:28 N 04/15/2020 13:28 N

Inmate No. 483

Temperature Temperature

04/23/2020 15:20 N

Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 6

03/30/2020 12:59 N

Inmate No. 484

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/12/2020 00:00 N 04/02/2020 15:53 N 05/04/2020 15:05 N 05/04/2020 17:53 N 05/08/2020 08:30 N 05/11/2020 11:09 N

Inmate No. 485

Assessment Clinical Encounter Clinical Encounter Clinical Encounter Temperature Clinical Encounter

NYM NYM NYM NYM NYM NYM

N Not Started Physician 02 N Completed Okafor, Chidubem DO N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN N Completed Kang, Yoon PA-C
Count: 6

03/13/2020 00:17 N 04/11/2020 14:48 N

Inmate No. 486

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 162 of 319
MCC 2139

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 164 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

05/12/2020 18:08 N 05/13/2020 00:00 N

05/13/2020 09:42 N 05/14/2020 00:00 N 05/14/2020 11:31 N 05/14/2020 15:35 N

Inmate No. 900

Intake

NYM

History/Physical

NYM

due 6/1

get his medical records regarding intubation

Temperature

NYM

PPD Reading

NYM

Temperature

NYM

Clinical Encounter

NYM

N Completed Lopes, Hygor NRP N Not Started Mid-Level Provider
N Completed Kang, Yoon PA-C N Not Started Nurse N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Count: 6

03/01/2020 08:00 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

03/02/2020 08:00 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/03/2020 07:50 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/03/2020 18:31 N 03/04/2020 16:31 N

Inmate No. 7

Blood Glucose Blood Glucose

NYM NYM

N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN

03/05/2020 08:25 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/06/2020 15:00 N

Blood Glucose

NYM

N Completed Thomas, Terrance HSA

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 163 of 319
MCC 2140

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 165 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/07/2020 21:21 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C

03/08/2020 08:50 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/09/2020 20:46 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

03/12/2020 15:50 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

03/13/2020 07:15 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/14/2020 07:00 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

03/15/2020 07:00 N 03/15/2020 15:20 N

Inmate No. 7

Blood Glucose Blood Glucose

NYM NYM

N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN

03/17/2020 15:35 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/18/2020 15:13 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/20/2020 06:55 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/21/2020 07:00 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

03/21/2020 15:22 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

03/22/2020 16:16 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 164 of 319
MCC 2141

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 166 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/23/2020 07:20 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

03/23/2020 12:10 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/24/2020 13:43 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/25/2020 09:39 N

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

03/25/2020 11:18 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/26/2020 06:40 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/26/2020 06:40 N 03/26/2020 22:13 N

Inmate No. 7

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C

03/27/2020 11:34 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/28/2020 08:17 N 03/29/2020 22:31 N

Clinical Encounter Blood Glucose

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C

03/30/2020 07:00 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/30/2020 23:16 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

03/31/2020 07:00 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 165 of 319
MCC 2142

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 167 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/31/2020 13:51 N

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

04/02/2020 06:45 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/03/2020 06:35 N

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

04/05/2020 09:00 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

04/05/2020 22:48 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/06/2020 07:00 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/06/2020 22:26 N 04/07/2020 06:50 N

Inmate No. 7

Blood Glucose Blood Glucose

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP

04/07/2020 06:52 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/08/2020 09:00 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/09/2020 07:25 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/10/2020 07:20 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/11/2020 09:30 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

04/11/2020 18:28 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 166 of 319
MCC 2143

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 168 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/12/2020 09:00 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN

04/12/2020 22:12 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/12/2020 22:16 N

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

04/13/2020 08:00 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/13/2020 21:14 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/14/2020 07:40 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/14/2020 10:30 N 04/14/2020 20:42 N

Inmate No. 7

Blood Glucose Blood Glucose

NYM NYM

N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN

04/15/2020 07:35 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/15/2020 19:50 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

04/16/2020 07:40 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/16/2020 18:54 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/17/2020 07:35 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/17/2020 13:08 N

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 167 of 319
MCC 2144

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 169 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/17/2020 20:52 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C

04/18/2020 19:55 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/19/2020 19:37 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/20/2020 07:35 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/21/2020 07:35 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/22/2020 07:15 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/23/2020 06:50 N 04/23/2020 19:44 N

Inmate No. 7

Blood Glucose Blood Glucose

NYM NYM

N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C

04/24/2020 07:10 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/25/2020 11:01 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/25/2020 17:24 N

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

04/26/2020 19:09 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

04/27/2020 07:35 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/27/2020 20:49 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 168 of 319
MCC 2145

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 170 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/28/2020 07:05 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

04/28/2020 19:17 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

04/29/2020 06:55 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/29/2020 18:17 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

04/30/2020 06:55 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/30/2020 13:59 N

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

04/30/2020 15:25 N 05/02/2020 09:23 N

Inmate No. 7

Blood Glucose Blood Glucose

NYM NYM

N Completed Joaquin, Y. MLP N Completed Lopes, Hygor NRP

05/03/2020 09:20 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

05/03/2020 18:53 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/04/2020 06:45 N

Blood Glucose

NYM

N Completed Kang, Yoon PA-C

05/04/2020 21:27 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/05/2020 08:53 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/05/2020 18:40 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 169 of 319
MCC 2146

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 171 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/06/2020 09:32 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN

05/06/2020 22:01 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/07/2020 06:30 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 06:30 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 19:02 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

05/09/2020 12:15 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/09/2020 20:47 N 05/10/2020 09:11 N

Inmate No. 7

Blood Glucose Blood Glucose

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Lopes, Hygor NRP

05/10/2020 16:51 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

05/11/2020 06:30 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/11/2020 20:48 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/12/2020 07:30 N

Blood Glucose

NYM

N Completed Kang, Yoon PA-C

05/12/2020 17:00 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/14/2020 07:30 N

Blood Glucose

NYM

N Completed Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 170 of 319
MCC 2147

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 172 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time

05/14/2020 15:00

Reg #

Inmate Name
Inmate No. 7

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN
Count: 106

03/02/2020 07:55 N

Inmate No. 901

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

04/01/2020 19:22 N 04/02/2020 17:19 N
04/08/2020 15:19 N 05/12/2020 10:59 N

Inmate No. 487

Clinical Encounter Temperature
Clinical Encounter Clinical Encounter

NYM NYM
NYM NYM

N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 4

03/10/2020 14:48 N 73528-053
Inmate No. 488
05/06/2020 14:23 N 73528-053

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C

Count: 2

03/06/2020 10:50 N 04/09/2020 09:40 N 04/29/2020 12:30 N

Inmate No. 489

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Okafor, Chidubem DO N Completed Kang, Yoon PA-C Y Completed Joaquin, Y. MLP
Count: 3
Page 171 of 319
MCC 2148

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 173 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/09/2020 15:09 N
05/01/2020 18:33 N 05/02/2020 11:49 N 05/02/2020 20:22 N 05/05/2020 09:17 N 05/06/2020 07:30 N 05/07/2020 07:30 N 05/08/2020 07:30 N 05/11/2020 07:30 N 05/12/2020 10:21 N 05/13/2020 09:41 N 05/14/2020 11:31 N 05/14/2020 15:19 N

Inmate No. 492

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C N Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Count: 13

04/24/2020 07:54 N

Inmate No. 8

Exit Summary

NYM

N Completed Kang, Yoon PA-C Count: 1

03/09/2020 04:45 N

Inmate No. 491

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Count: 1
Page 172 of 319
MCC 2149

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 174 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/24/2020 15:32 N 03/24/2020 15:38 N

Inmate No. 9

Clinical Encounter

NYM

MLP Chronic Care Follow up NYM 6 MONTH F/U.

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 2

03/26/2020 09:51 N

Clinical Encounter

NYM

03/31/2020 23:41 N

Clinical Encounter

NYM

04/01/2020 11:47 N

Temperature

NYM

04/02/2020 13:25 N

Temperature

NYM

04/03/2020 10:00 N

Temperature

NYM

04/03/2020 19:44 N

Temperature

NYM

04/06/2020 10:30 N 04/07/2020 09:00 N

Inmate No. 493

Temperature Temperature

NYM NYM

04/07/2020 16:41 N

Temperature

NYM

04/08/2020 11:02 N

Temperature

NYM

04/08/2020 23:48 N

Temperature

NYM

04/09/2020 10:24 N

Clinical Encounter

NYM

04/10/2020 08:40 N

Temperature

NYM

04/11/2020 13:00 N

Temperature

NYM

04/12/2020 13:00 N
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Temperature

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN
Page 173 of 319
MCC 2150

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 175 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/13/2020 09:30 N

04/14/2020 09:00 N

04/14/2020 16:19 N

04/15/2020 09:00 N 04/15/2020 16:22 N

Inmate No. 493

04/15/2020 16:41 N

04/16/2020 09:00 N

Activity Temperature Temperature Temperature Temperature Temperature Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP
Count: 22

04/06/2020 15:10

Inmate No. 494

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO Count: 1

03/13/2020 10:38 N 03/13/2020 10:42 N 03/13/2020 22:58 N
03/13/2020 23:06 N
03/18/2020 16:48 N 04/03/2020 17:59 N 04/13/2020 11:07 N

Inmate No. 11

Clinical Encounter

NYM

Clinical Encounter

NYM

MLP Chronic Care Follow up NYM

D/C Chronic Care Visit

NYM

D/C. Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Canceled Beaudouin, Robert MD
N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Count: 7

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 174 of 319
MCC 2151

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 176 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/27/2020 15:32 N 04/01/2020 16:15 N

Inmate No. 495

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD
N Completed Yonnone, M. EMTP/AHSA
Count: 2

03/23/2020 11:09 N 03/25/2020 12:02 N 03/25/2020 12:06 N 03/25/2020 12:06 N 03/25/2020 12:08 N

Inmate No. 12

Clinical Encounter

NYM

Clinical Encounter

NYM

MLP Chronic Care Follow up NYM

cancel Chronic Care Visit

NYM

DUE 1/6/2021 Clinical Encounter

NYM

N Completed Chong, Chae Un PharmD

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 5

03/18/2020 14:33 N

Inmate No. 496

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/01/2020 19:47 N 04/06/2020 15:12 N

Inmate No. 497

PPD Reading Clinical Encounter

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Okafor, Chidubem DO
Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 175 of 319
MCC 2152

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 177 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/12/2020 04:24 N

Inmate Name

Activity Intake

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

03/25/2020 13:29 N 05/07/2020 10:58 N

Inmate No. 498

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Brenneman, Wiilliam RN

Count: 3

03/12/2020 16:47 N 04/03/2020 10:49 N

Inmate No. 499

Intake Clinical Encounter

NYM NYM

N Completed Thomas, Terrance HSA N Completed Kang, Yoon PA-C

Count: 2

03/09/2020 03:08 N

Inmate No. 902

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

05/12/2020 19:19 N 05/12/2020 19:28 N 05/13/2020 09:43 N 05/14/2020 00:00 N 05/14/2020 10:42 N 05/14/2020 17:39 N

Inmate No. 903

Intake Clinical Encounter Temperature PPD Reading Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM

N Completed Lopes, Hygor NRP N Completed Lopes, Hygor NRP N Completed Kang, Yoon PA-C N Not Started Nurse N Completed Beaudouin, Robert MD N Completed Brenneman, Wiilliam RN
Count: 6

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 176 of 319
MCC 2153

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 178 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/10/2020 16:59 N

Inmate Name

Activity Clinical Encounter

04/03/2020 11:03 N 04/03/2020 12:47 N

Inmate No. 13

Clinical Encounter Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM NYM

N Completed N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Sommer, Diane MD, NER-MAST Physician
Count: 3

03/09/2020 02:21 N 04/01/2020 18:19 N

Inmate No. 500

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Thomas, Terrance HSA
Count: 2

03/12/2020 14:13 N

Intake

NYM

N Completed Thomas, Terrance HSA

03/13/2020 17:56 N

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

03/23/2020 12:18 N 04/22/2020 13:22 N

Inmate No. 502

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD

04/22/2020 14:04 N

04/28/2020 13:28 N

Inmate No. 502

Chronic Care Visit

NYM

md

annual is due 5/15/2020

meds expire in April

Clinical Encounter

NYM

N Canceled Beaudouin, Robert MD N Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 177 of 319
MCC 2154

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 179 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 6

03/12/2020 23:55 N 04/03/2020 17:00 N 04/29/2020 19:55 N

Inmate No. 503

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Beaudouin, Robert MD Y Completed Lopes, Hygor NRP
Count: 3

03/07/2020 12:30 N 03/20/2020 13:42 N
04/30/2020 09:30 N 05/07/2020 08:00 N 05/11/2020 08:00 N 05/12/2020 09:52 N

Inmate No. 504

Clinical Encounter Clinical Encounter

NYM NYM

Temperature Temperature Temperature Clinical Encounter

NYM NYM NYM NYM

overdue an no reason stated

N Completed Kang, Yoon PA-C

N Pending

Miller, Elissa PhD/Chief Psychologist

N Completed Joaquin, Y. MLP

N Completed Brenneman, Wiilliam RN

N Completed Brenneman, Wiilliam RN

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 6

03/30/2020 15:26 N

Clinical Encounter

NYM

03/31/2020 13:49 N

Temperature

NYM

04/01/2020 11:48 N 04/02/2020 13:26 N

Inmate No. 505

Temperature Temperature

NYM NYM

04/03/2020 10:00 N

Temperature

NYM

04/03/2020 19:43 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD
Page 178 of 319
MCC 2155

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 180 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/06/2020 10:30 N

Inmate Name

04/07/2020 09:00 N

04/07/2020 16:42 N

04/08/2020 08:58 N

04/08/2020 23:48 N

04/09/2020 09:00 N 04/10/2020 08:40 N

Inmate No. 505

04/10/2020 15:00 N

04/11/2020 12:48 N

04/12/2020 12:53 N

04/13/2020 10:23 N

04/14/2020 07:00 N

Activity Temperature Temperature Temperature Clinical Encounter Temperature Temperature Temperature Clinical Encounter Temperature Temperature Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Kang, Yoon PA-C Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP
Count: 18

03/05/2020 23:04 N 03/11/2020 19:28 N 03/13/2020 15:12 N
03/13/2020 15:38 N 03/13/2020 22:17 N
03/23/2020 00:00 N

Inmate No. 506

Intake

NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Assessment
IDC. History/Physical

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Not Started Mid-Level Provider
Page 179 of 319
MCC 2156

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 181 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/23/2020 07:05 N

Inmate Name

04/14/2020 11:23 N

Inmate No. 506

Activity Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 8

03/25/2020 11:45 N 04/25/2020 19:01 N

Inmate No. 507

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C

Count: 2

03/02/2020 15:55 N 03/02/2020 20:46 N

03/04/2020 09:57 N 03/04/2020 09:58 N 03/04/2020 10:47 N 03/09/2020 07:31 N

Inmate No. 904

Intake Clinical Encounter
63 y/o male PPD Reading Clinical Encounter Clinical Encounter Exit Summary

NYM NYM
NYM NYM NYM NYM

N Completed Kang, Yoon PA-C

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Okafor, Chidubem DO N Completed Yonnone, M. EMT-
P/AHSA Count: 6

03/12/2020 17:36 N 04/09/2020 13:45 N

Inmate No. 15

Intake Temperature

NYM NYM

N Completed Singh, Mandeep PA-C
N Completed Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 180 of 319
MCC 2157

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 182 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/11/2020 15:14 N 03/16/2020 13:52 N 03/20/2020 15:24 N 03/31/2020 15:01 N 03/31/2020 16:30 N 04/20/2020 15:00 N 05/01/2020 20:28 N 05/05/2020 13:44 N 05/07/2020 20:01 N

Inmate No. 508

Clinical Encounter Clinical Encounter Clinical Encounter Temperature Clinical Encounter Temperature Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C
N Completed Beaudouin, Robert MD
N Completed Singh, Mandeep PA-C
Count: 9

04/16/2020 18:47 N Inmate No. 509

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/11/2020 11:35 N 04/23/2020 15:26 N

Inmate No. 510

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 181 of 319
MCC 2158

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 183 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/09/2020 04:21 N

Inmate Name

Activity Intake

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/15/2020 09:49 N 03/16/2020 10:32 N 03/19/2020 20:00 N 03/20/2020 16:22 N 03/20/2020 18:25 N 03/28/2020 08:33 N

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed N Completed

03/31/2020 12:02 N

Clinical Encounter - Clinical NYM Encounter

04/02/2020 12:52 N 04/03/2020 14:36 N

Inmate No. 511

Clinical Encounter - Clinical NYM Encounter

Temperature

NYM

04/06/2020 10:30 N

Temperature

NYM

04/06/2020 14:08 N

Clinical Encounter

NYM

04/07/2020 09:00 N

Temperature

NYM

04/07/2020 16:41 N

Temperature

NYM

04/08/2020 11:03 N

Temperature

NYM

04/08/2020 17:43 N

Clinical Encounter

NYM

04/09/2020 08:34 N

Clinical Encounter

NYM

04/09/2020 09:00 N

Temperature

NYM

04/10/2020 08:40 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed
N Completed
N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider Yonnone, M. EMTP/AHSA Beaudouin, Robert MD Beaudouin, Robert MD Thomas, Terrance HSA Beaudouin, Robert MD Thomas, Terrance HSA Sommer, Diane MD, NER-MAST Physician Beaudouin, Robert MD
Beaudouin, Robert MD
Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP
Page 182 of 319
MCC 2159

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 184 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/11/2020 13:02 N

Inmate Name

04/12/2020 13:03 N

04/13/2020 09:30 N

04/14/2020 09:00 N

04/14/2020 16:15 N

04/15/2020 09:00 N

04/16/2020 09:00 N

04/16/2020 09:34 N

04/17/2020 08:45 N

04/18/2020 11:29 N 04/20/2020 08:45 N

Inmate No. 511

04/21/2020 09:00 N

04/22/2020 09:00 N

04/23/2020 11:05 N

04/23/2020 23:39 N

04/24/2020 08:45 N

04/26/2020 22:55 N

04/27/2020 09:00 N

04/28/2020 09:00 N

04/28/2020 15:42 N

Activity Temperature Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter Temperature Temperature
Temperature Temperature Temperature Clinical Encounter Clinical Encounter Temperature Clinical Encounter Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Provider Columbo, Joseph RN

NYM

N Completed Columbo, Joseph RN

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Columbo, Joseph RN

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Beaudouin, Robert MD

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Yonnone, M. EMTP/AHSA

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Beaudouin, Robert MD

NYM

N Completed Joaquin, Y. MLP

NYM

N Completed Beaudouin, Robert MD

NYM

N Completed Joaquin, Y. MLP

NYM

N Unavailable Joaquin, Y. MLP

NYM

N Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 183 of 319
MCC 2160

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 185 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/29/2020 08:18 N

Inmate Name

04/29/2020 09:00 N

04/29/2020 13:34 N

04/30/2020 09:00 N

05/05/2020 07:30 N

05/06/2020 07:30 N

05/07/2020 07:30 N 05/07/2020 09:05 N

Inmate No. 511

05/07/2020 10:35 N

05/08/2020 07:30 N

05/11/2020 07:30 N

05/12/2020 10:25 N

05/13/2020 09:39 N

05/14/2020 16:03 N

Activity Clinical Encounter Temperature Clinical Encounter Temperature Temperature Temperature Temperature Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Beaudouin, Robert MD Beaudouin, Robert MD Brenneman, Wiilliam RN Brenneman, Wiilliam RN Kang, Yoon PA-C Kang, Yoon PA-C Beaudouin, Robert MD
Count: 53

03/09/2020 02:26 N
04/10/2020 16:03 N 04/22/2020 15:09 N 05/14/2020 16:11 N

Inmate No. 512

Intake
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
Count: 4
Page 184 of 319
MCC 2161

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 186 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/02/2020 10:17 N

Inmate No. 513

PPD Reading

NYM

N Completed Joaquin, Y. MLP Count: 1

04/14/2020 20:46 N 05/05/2020 00:00 N

Inmate No. 16

Clinical Encounter

NYM

MLP Chronic Care Follow up NYM 6 MONTH F/U.

N Completed Columbo, Joseph RN N Not Started Mid-Level Provider
Count: 2

03/09/2020 04:35 N
03/12/2020 19:31 N 03/31/2020 09:03 N 04/07/2020 00:00 N 04/08/2020 14:44 N 05/14/2020 09:43 N 05/14/2020 13:21 N

Inmate No. 515

Intake
Clinical Encounter Clinical Encounter Assessment Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Thomas, Terrance HSA N Completed Kang, Yoon PA-C N Not Started Physician 02 N Completed Okafor, Chidubem DO N In Progress Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Count: 7

03/01/2020 12:34 N 03/12/2020 04:35 N
03/24/2020 13:46 N

Inmate No. 514

Clinical Encounter Intake
Temperature

NYM NYM
NYM

03/25/2020 00:00 N
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

14 Day Dr Eval

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 01
Page 185 of 319
MCC 2162

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 187 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

03/25/2020 12:10 N

due 4/9
Clinical Encounter - Clinical NYM Encounter

N Completed

03/25/2020 12:12 N

Follow-up

NYM

N Canceled

03/25/2020 12:13 N

Inmate No. 514

AIMS Chronic Care Visit

NYM

N Canceled

04/15/2020 11:26 N

cancel Clinical Encounter

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Beaudouin, Robert MD
Count: 8

03/09/2020 05:35 N

Inmate No. 516

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/06/2020 22:38 N

Inmate No. 517

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

05/04/2020 18:22 N 05/05/2020 07:30 N 05/06/2020 07:30 N 05/07/2020 00:00 N
05/07/2020 07:30 N

Inmate No. 758

Intake Temperature Temperature History/Physical
due 5/25 Temperature

NYM NYM NYM NYM
NYM

N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Not Started Mid-Level Provider
N Completed Brenneman, Wiilliam RN

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 186 of 319
MCC 2163

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 188 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/07/2020 09:39 N

Inmate Name

05/08/2020 07:30 N

05/11/2020 07:30 N

05/12/2020 10:21 N 05/13/2020 09:42 N

Inmate No. 758

05/14/2020 11:17 N

05/14/2020 11:35 N

Activity PPD Reading Temperature Temperature Temperature Temperature Clinical Encounter Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Kang, Yoon PA-C Kang, Yoon PA-C Beaudouin, Robert MD Kang, Yoon PA-C
Count: 12

03/02/2020 14:28 N 03/04/2020 15:34 N 03/09/2020 07:30 N
03/16/2020 12:53 N 03/23/2020 11:42 N
03/24/2020 09:26 N

Inmate No. 905

Chronic Care Visit Chronic Care Visit Exit Summary

NYM NYM NYM

Chronic Care Visit

NYM

Clinical Encounter - Clinical NYM Encounter

Exit Summary

NYM

N Completed Okafor, Chidubem DO
N Completed Okafor, Chidubem DO
N Completed Yonnone, M. EMTP/AHSA
N Completed Okafor, Chidubem DO
N Completed Chong, Chae Un PharmD
N Completed Kang, Yoon PA-C
Count: 6

04/02/2020 17:11 N

Temperature

NYM

04/14/2020 17:12 N

Inmate No. 518

Temperature

NYM

04/15/2020 00:00 N

Chronic Care Visit

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 02
Page 187 of 319
MCC 2164

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 189 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/15/2020 17:13 N

Inmate No. 518

Activity due 5/23
Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 4

03/12/2020 22:34 N 03/15/2020 10:37 N 03/23/2020 12:57 N 03/23/2020 16:47 N 03/24/2020 18:00 N 03/28/2020 13:47 N 03/30/2020 10:34 N 03/31/2020 13:46 N 04/01/2020 11:49 N 04/02/2020 13:26 N 04/03/2020 10:00 N 04/03/2020 19:46 N 04/06/2020 10:30 N 04/07/2020 09:00 N 04/07/2020 16:35 N 04/08/2020 10:56 N 04/08/2020 23:44 N

Inmate No. 519

Intake PPD Reading Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Thomas, Terrance HSA N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN
Page 188 of 319
MCC 2165

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 190 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/09/2020 09:00 N

04/10/2020 08:40 N

04/12/2020 12:54 N

04/13/2020 09:30 N

04/14/2020 11:33 N

Inmate Name

Activity Temperature Temperature Temperature Temperature Clinical Encounter

05/02/2020 18:30 N 05/04/2020 00:00 N
05/04/2020 07:17 N

Inmate No. 519

Clinical Encounter
History/Physical overdue
Clinical Encounter

05/05/2020 11:03 N 05/06/2020 00:00 N

Clinical Encounter Assessment
GI.

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM

N Completed N Not Started

NYM
NYM NYM

N Completed
N Completed N Not Started

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Singh, Mandeep PA-C Mid-Level Provider
Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C Physician 02
Count: 27

04/02/2020 13:34 N 04/03/2020 15:23 N 04/06/2020 15:02 N 04/07/2020 09:00 N 04/08/2020 10:57 N 04/08/2020 23:45 N 04/09/2020 09:00 N

Inmate No. 520

Clinical Encounter Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature

NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP N Completed Okafor, Chidubem DO N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Page 189 of 319
MCC 2166

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 191 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/10/2020 08:40 N

04/11/2020 12:49 N

04/12/2020 12:55 N

04/13/2020 09:30 N

04/14/2020 09:00 N

04/14/2020 16:09 N

04/15/2020 09:00 N

04/15/2020 16:30 N

04/16/2020 09:00 N

04/17/2020 08:45 N

04/18/2020 11:23 N

Inmate Name
Inmate No. 520

Activity Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature Temperature

04/20/2020 08:45 N 04/20/2020 16:49 N

Temperature Clinical Encounter

04/21/2020 09:00 N 04/21/2020 10:00 N 04/23/2020 08:30 N

Temperature Clinical Encounter Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM

N Completed N Completed

NYM NYM NYM

N Completed N Completed N Completed

Facility: N/A
Provider Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Yonnone, M. EMTP/AHSA Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP
Count: 23

03/11/2020 08:28 N 04/13/2020 00:00 N

Inmate No. 521

Clinical Encounter Chronic Care Visit

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 01
Page 190 of 319
MCC 2167

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 192 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/30/2020 14:15 N

Inmate No. 521

meds expire 5/20 Clinical Encounter

NYM

N Completed Okafor, Chidubem DO

03/11/2020 12:27 N 04/13/2020 21:39 N 05/11/2020 08:00 N

Inmate No. 522

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

Count: 3

N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD

N Refused

Brenneman, Wiilliam RN

Count: 3

03/06/2020 00:43 N 03/08/2020 10:17 N 05/12/2020 15:00 N

Inmate No. 523

03/02/2020 07:56 N

Inmate No. 906

Intake PPD Reading Clinical Encounter
Exit Summary

NYM NYM NYM
NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N In Progress Beaudouin, Robert MD
Count: 3
N Completed Yonnone, M. EMTP/AHSA Count: 1

03/26/2020 10:45 N 03/26/2020 11:47 N

Inmate No. 17

Clinical Encounter Chronic Care Visit

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Page 191 of 319
MCC 2168

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 193 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/05/2020 21:00 N 04/10/2020 16:02 N

Inmate No. 17

Activity DUE 12/12/2020
Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Kang, Yoon PA-C

Count: 4

04/06/2020 13:28 N 04/16/2020 08:03 N

Inmate No. 18

Exit Summary Exit Summary

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
Count: 2

03/12/2020 20:20 N 03/23/2020 13:05 N 03/29/2020 11:44 N 03/29/2020 11:48 N

Inmate No. 19

Clinical Encounter Clinical Encounter Clinical Encounter Chronic Care Visit
6 MONTH F/U.

NYM NYM NYM NYM

N Completed Beaudouin, Robert MD

N Completed Chong, Chae Un PharmD

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 4

03/12/2020 15:09 N 03/17/2020 15:23 N 03/23/2020 11:11 N

Inmate No. 20

Chronic Care Visit Chronic Care Visit Clinical Encounter

NYM NYM NYM

03/24/2020 14:04 N

Chronic Care Visit

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Okafor, Chidubem DO

N Completed Okafor, Chidubem DO

N Completed Chong, Chae Un PharmD

N Canceled

Okafor, Chidubem DO

Page 192 of 319
MCC 2169

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 194 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Complex: NYM

Reg #: N/A

Inmate Name: N/A

Activity: Multiple

Provider Type: N/A

Scheduled Provider: N/A

Act Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Treating Facility Current Quarters Co-Pay Status

pt no longer on psych meds

03/25/2020 14:29 N

Clinical Encounter

NYM

N Completed

04/01/2020 14:25 N

Clinical Encounter

NYM

N Completed

04/06/2020 00:00 N

Chronic Care Visit

NYM

N Not Started

Inmate No. 20
04/29/2020 08:45 N

due 5/6

asthma

remove from mental health clinic

Temperature

NYM

N Completed

05/08/2020 07:30 N

Temperature

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Kang, Yoon PA-C Physician 02
Joaquin, Y. MLP Brenneman, Wiilliam RN
Count: 9

05/04/2020 15:16 N

PPD Administration

NYM

05/04/2020 18:11 N

from previous incarceration

Intake

NYM

05/05/2020 07:30 N

Temperature

NYM

05/05/2020 09:39 N

Clinical Encounter

NYM

05/06/2020 07:30 N 05/07/2020 00:00 N
05/07/2020 07:30 N

Inmate No. 759

Temperature
History/Physical due 5/25
Temperature

NYM NYM
NYM

05/08/2020 07:30 N

Temperature

NYM

05/11/2020 07:30 N

Temperature

NYM

05/12/2020 10:22 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN N Completed Beaudouin, Robert MD N Completed Brenneman, Wiilliam RN N Not Started Mid-Level Provider

N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Kang, Yoon PA-C
Page 193 of 319
MCC 2170

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 195 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/12/2020 10:49 N

05/14/2020 15:59 N

Inmate Name
Inmate No. 759

Activity Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Beaudouin, Robert MD
Count: 12

03/12/2020 22:26 N

Inmate No. 21

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

03/04/2020 23:13 N 03/05/2020 06:29 N
03/05/2020 10:25 N 03/06/2020 09:48 N 03/06/2020 10:51 N 03/06/2020 13:10 N 03/06/2020 15:09 N

Inmate No. 907

Intake

NYM

PPD Administration

NYM

New PD panted yesterday 03-04-2020

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Exit Summary

NYM

PPD Reading

NYM

N Completed Columbo, Joseph RN N Canceled Joaquin, Y. MLP
N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N In Progress Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP
Count: 7

03/12/2020 15:10 N

Chronic Care Visit

NYM

03/17/2020 15:24 N

Chronic Care Visit

NYM

03/30/2020 14:28 N 04/11/2020 20:10 N

Inmate No. 524

Chronic Care Visit Clinical Encounter

NYM NYM

04/18/2020 20:19 N

Clinical Encounter

NYM

04/22/2020 14:27 N
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Chronic Care Visit

NYM

Bureau of Prisons - NYM

Subject to Protective Order

N Completed Okafor, Chidubem DO

N Completed Okafor, Chidubem DO

N Completed Okafor, Chidubem DO

N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N Canceled

Okafor, Chidubem DO
Page 194 of 319
MCC 2171

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 196 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

pt off medication due to reports of continued diversion of medication

Facility: N/A
Provider Count: 6

03/12/2020 00:51 N 03/12/2020 01:19 N 03/12/2020 10:39 N 03/14/2020 20:14 N 03/15/2020 10:50 N

Inmate No. 908

Intake

NYM

PPD Administration

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

PPD Reading

NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Yonnone, M. EMTP/AHSA
N Completed Okafor, Chidubem DO
N Completed Singh, Mandeep PA-C
N Completed Columbo, Joseph RN

03/15/2020 10:52 N

Clinical Encounter

NYM

N Completed Columbo, Joseph RN

03/18/2020 10:00 N

Clinical Encounter

NYM

N In Progress Beaudouin, Robert MD

Count: 7

03/16/2020 13:43 N 03/18/2020 14:23 N 03/31/2020 12:33 N

Inmate No. 909

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician Count: 3

03/10/2020 12:22 N

Inmate No. 525

Clinical Encounter - Clinical NYM Encounter

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Page 195 of 319
MCC 2172

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 197 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/13/2020 10:58 N

Inmate Name

Activity Chronic Care Visit

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Okafor, Chidubem DO

03/14/2020 21:10 N

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

04/20/2020 10:18 N

Clinical Encounter

NYM

Y Completed Joaquin, Y. MLP

05/06/2020 09:13 N 05/07/2020 19:58 N

Inmate No. 525

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C

05/08/2020 07:30 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/11/2020 13:49 N

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO

05/11/2020 13:54 N

Chronic Care Visit

NYM

N Canceled

Okafor, Chidubem DO

pt's psychotropic medication discontinued due to continued documented diversion. Count: 9

03/10/2020 16:25 N
03/12/2020 17:47 N 03/31/2020 14:50 N

Inmate No. 22

Clinical Encounter
Clinical Encounter Clinical Encounter

NYM
NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C
N Completed Beaudouin, Robert MD
Count: 3

03/02/2020 07:57 N

Inmate No. 910

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/01/2020 10:42 N

PPD Reading

NYM

03/12/2020 04:50 N

Inmate No. 23

Intake

NYM

03/24/2020 13:49 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
N Completed Joaquin, Y. MLP
N Completed Sommer, Diane MD,
Page 196 of 319
MCC 2173

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 198 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

03/25/2020 00:00 N 03/25/2020 11:32 N

14 Day Dr Eval
due 4/9 diabetic

NYM

labs ordered needs EKG

talk to him about statin therapy

Clinical Encounter

NYM

03/25/2020 11:36 N

Chronic Care Visit

NYM

03/27/2020 16:15 N

cancel Clinical Encounter

NYM

03/30/2020 14:00 N 03/31/2020 13:59 N

Inmate No. 23

Temperature Temperature

NYM NYM

04/01/2020 13:00 N

Temperature

NYM

04/02/2020 13:29 N

Temperature

NYM

04/03/2020 09:30 N

Temperature

NYM

04/06/2020 09:30 N

Temperature

NYM

04/07/2020 08:30 N

Temperature

NYM

04/08/2020 10:52 N

Temperature

NYM

04/09/2020 07:00 N

Temperature

NYM

04/10/2020 09:44 N

Temperature

NYM

04/13/2020 07:00 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician

Bureau of Prisons - NYM

20 Civ. 3315

Subject to Protective Order

N Not Started
N Completed N Canceled
N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider NER-MAST Physician Physician 01
Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP
Page 197 of 319
MCC 2174

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 199 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/13/2020 10:18 N 04/14/2020 07:00 N

Inmate No. 23

Activity Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP
Count: 20

03/02/2020 15:59 N

Inmate No. 911

Exit Summary

NYM

N Completed Thomas, Terrance HSA Count: 1

04/16/2020 00:00 N 05/11/2020 15:26 N

Inmate No. 526

Chronic Care Visit

NYM

due 5/17

11% compliant with medication

Clinical Encounter

NYM

N Not Started Physician 02 N Completed Kang, Yoon PA-C

Count: 2

04/09/2020 13:21 N 04/23/2020 13:20 N

Inmate No. 527

Temperature Temperature

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

03/10/2020 23:06 N 03/12/2020 12:19 N

Inmate No. 528

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Count: 2
Page 198 of 319
MCC 2175

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 200 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/16/2020 00:00 N

Inmate No. 529

PPD Administration

NYM

N Not Started Nurse Count: 1

04/22/2020 00:00 N

Inmate No. 530

Chronic Care Visit due 5/22

NYM

N Not Started Physician 01

can remove from clinic - refused latent TB treatment

Count: 1

03/12/2020 14:24 N

Inmate No. 531

Intake

NYM

N Completed Thomas, Terrance HSA Count: 1

03/09/2020 04:38 N 04/16/2020 00:00 N

Inmate No. 532

Intake

NYM

Chronic Care Visit E/L.

NYM

cholesterol 263

needs to be enrolled in clinic currently not in clinic

N Completed Yonnone, M. EMTP/AHSA
N Not Started Physician 01
Count: 2

03/09/2020 02:32 N
03/12/2020 08:35 N 03/31/2020 16:39 N

Inmate No. 533

Intake
Clinical Encounter Clinical Encounter

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP
N Completed Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 199 of 319
MCC 2176

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 201 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

05/07/2020 10:00 N

Inmate No. 533

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C
Count: 4

03/09/2020 02:44 N
03/10/2020 22:59 N 05/07/2020 08:00 N

Inmate No. 534

Intake
Clinical Encounter Temperature

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
N Completed Brenneman, Wiilliam RN
Count: 3

03/12/2020 03:21 N 03/25/2020 08:13 N

Inmate No. 912

Intake Exit Summary

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD

Count: 2

05/06/2020 14:00 N

Inmate No. 535

Temperature

NYM

N Completed Kang, Yoon PA-C Count: 1

03/19/2020 23:07 N 03/20/2020 07:47 N 03/21/2020 07:39 N

Inmate No. 536

Intake PPD Reading PPD Reading

NYM NYM NYM

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Count: 3

04/10/2020 12:53 N 05/12/2020 00:00 N

Inmate No. 537

Clinical Encounter Chronic Care Visit

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Not Started Physician 01
Page 200 of 319
MCC 2177

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 202 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

05/12/2020 13:08 N

Inmate No. 537

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 3

04/01/2020 16:54 N

Inmate No. 538

Clinical Encounter

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 03:25 N
03/17/2020 10:37 N 03/24/2020 14:12 N 04/03/2020 10:59 N 04/23/2020 10:02 N

Inmate No. 747

Intake
Clinical Encounter Clinical Encounter Clinical Encounter Temperature

NYM
NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP
Count: 5

03/09/2020 03:20 N

Inmate No. 24

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/10/2020 22:23 N 03/12/2020 12:19 N

Inmate No. 913

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

03/07/2020 03:31 N

Inmate No. 914

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Page 201 of 319
MCC 2178

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 203 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/03/2020 21:48 N 03/04/2020 12:15 N 03/04/2020 13:24 N 03/04/2020 16:02 N
03/05/2020 09:39 N 03/05/2020 19:11 N 03/17/2020 16:05 N

Inmate No. 915

Intake

NYM

PPD Administration

NYM

New PPD planted yesterday 03-03-2020

Clinical Encounter

NYM

Chronic Care Visit
MD visit 03/14/18/ OUTDATED. PPD Reading
Clinical Encounter
Clinical Encounter

NYM
NYM NYM NYM

N Completed Columbo, Joseph RN N Canceled Joaquin, Y. MLP
N Completed DiMisa, Samantha Ph.D.
N Canceled Beaudouin, Robert MD
N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C N Completed Beaudouin, Robert MD
Count: 7

03/10/2020 11:32 N

Inmate No. 540

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/25/2020 22:28 N 03/26/2020 17:25 N 03/27/2020 08:59 N 03/27/2020 10:00 N
03/29/2020 02:45 N

Inmate No. 539

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter
Clinical Encounter

NYM NYM NYM NYM
NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
N Completed Joaquin, Y. MLP
N Completed Kang, Yoon PA-C
N Completed Chong, Chae Un PharmD
N Completed Yonnone, M. EMTP/AHSA
Page 202 of 319
MCC 2179

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 204 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Complex: NYM

Reg #: N/A

Inmate Name: N/A

Activity: Multiple

Provider Type: N/A

Scheduled Provider: N/A

Act Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Treating Facility Current Quarters Co-Pay Status

03/30/2020 10:04 N

Clinical Encounter - Clinical NYM Encounter

N Completed

04/02/2020 11:59 N

Clinical Encounter

NYM

N Completed

Facility: N/A
Provider Okafor, Chidubem DO Beaudouin, Robert MD

04/08/2020 14:16 N 04/14/2020 00:00 N

Clinical Encounter Chronic Care Visit

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Not Started Physician 02

04/15/2020 11:14 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/27/2020 09:03 N 04/28/2020 17:01 N

Inmate No. 539

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Okafor, Chidubem DO N Completed Lopes, Hygor NRP

04/28/2020 21:06 N

Clinical Encounter

NYM

N Completed Lopes, Hygor NRP

05/01/2020 12:46 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

05/01/2020 12:56 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/04/2020 10:15 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/07/2020 15:01 N

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO

Count: 17

03/10/2020 21:53 N

Intake

NYM

N Completed Columbo, Joseph RN

03/11/2020 08:44 N 03/11/2020 12:42 N 03/12/2020 12:19 N

Inmate No. 541

Chronic Care Visit

NYM

N Canceled Beaudouin, Robert MD

due 3/13/18, No thyroid oculopathy OU, No corneal Exposure OU as per optometry ( 05-18-2017)

PPD Administration

NYM

N Canceled

Sommer, Diane MD, NER-MAST Physician

duplicate PPD Reading

NYM

N Completed Joaquin, Y. MLP

03/29/2020 00:00 N

History/Physical

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Not Started Mid-Level Provider
Page 203 of 319
MCC 2180

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 205 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/29/2020 00:00 N

Inmate Name

03/29/2020 11:54 N

Inmate No. 541

Activity 14 Day Dr Eval
due 4/9 Clinical Encounter

03/29/2020 11:57 N

Assessment

E/L.

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

NYM

N Completed

NYM

N Canceled

Facility: N/A
Provider Physician 01 Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 8

03/04/2020 14:30 N 03/13/2020 12:42 N 03/20/2020 10:49 N 03/31/2020 20:00 N 04/01/2020 09:58 N

Inmate No. 916

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM

N Completed Okafor, Chidubem DO N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Columbo, Joseph RN N Completed Beaudouin, Robert MD
Count: 5

03/23/2020 00:00 N

PPD Administration

NYM

N Not Started Nurse

04/09/2020 12:33 N 04/20/2020 13:57 N 04/23/2020 12:33 N

Inmate No. 542

Temperature Temperature Temperature

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 4

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 204 of 319
MCC 2181

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 206 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/29/2020 09:23 N

Inmate No. 543

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD
Count: 1

03/05/2020 00:00 N

Inmate No. 544

Assessment

NYM

latent TB waiting o n lab and x-ray

N Not Started Physician 01 Count: 1

03/01/2020 12:36 N 03/05/2020 14:42 N 03/05/2020 15:00 N

03/05/2020 15:03 N 03/19/2020 10:37 N 03/23/2020 14:02 N

Inmate No. 545

04/01/2020 16:32 N

05/05/2020 09:28 N 05/09/2020 17:52 N

Clinical Encounter Clinical Encounter Assessment
DONE. Clinical Encounter Clinical Encounter Clinical Encounter
Clinical Encounter
Clinical Encounter Clinical Encounter

NYM NYM NYM
NYM NYM NYM
NYM
NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Chong, Chae Un
PharmD N Completed Yonnone, M. EMT-
P/AHSA N Completed Okafor, Chidubem DO N Completed Singh, Mandeep PA-C
Count: 9

03/02/2020 07:58 N

Inmate No. 917

Exit Summary

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Count: 1
Page 205 of 319
MCC 2182

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 207 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/12/2020 23:16 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/03/2020 16:30 N 05/05/2020 08:19 N

Inmate No. 546

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C

Count: 3

03/12/2020 05:46 N 03/25/2020 13:32 N

Inmate No. 547

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

04/15/2020 20:56 N

Inmate No. 25

Clinical Encounter

NYM

N Completed Columbo, Joseph RN Count: 1

03/30/2020 13:11 N 04/09/2020 21:34 N 04/13/2020 10:17 N 04/24/2020 17:55 N 04/29/2020 08:45 N 05/08/2020 10:15 N 05/11/2020 11:13 N

Inmate No. 548

Clinical Encounter Clinical Encounter Temperature Clinical Encounter Temperature Temperature Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Refused

Brenneman, Wiilliam RN

N Completed Kang, Yoon PA-C

Page 206 of 319
MCC 2183

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 208 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 7

04/30/2020 09:30 N 05/07/2020 08:00 N

Inmate No. 549

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN

Count: 2

03/02/2020 11:59 N 03/12/2020 04:45 N 03/26/2020 09:39 N 03/26/2020 09:42 N
03/26/2020 09:42 N 03/29/2020 12:03 N

Inmate No. 918

Intake Intake

NYM NYM

N Completed N Completed

Clinical Encounter - Clinical NYM Encounter

Follow-up

NYM

N Completed N Canceled

asthma started on prednisone may eventually need a nasal spray or inhaled corticosteroid

not seen at OTV Follow-up

NYM

N Canceled

re-evaluate for maintenance

medication

Chronic Care Visit

NYM

N Canceled

due 3/4

Kang, Yoon PA-C Yonnone, M. EMTP/AHSA Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Sommer, Diane MD, NER-MAST Physician
Sommer, Diane MD, NER-MAST Physician
Count: 6

03/12/2020 04:33 N

Inmate No. 552

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMT-
Page 207 of 319
MCC 2184

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 209 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

03/22/2020 21:49 N 03/23/2020 00:54 N

Clinical Encounter Exit Summary

NYM NYM

03/23/2020 14:54 N 03/24/2020 09:09 N 03/24/2020 13:29 N 03/24/2020 19:08 N 03/24/2020 19:10 N
03/24/2020 23:09 N 03/24/2020 23:14 N 03/25/2020 02:00 N

Inmate No. 552

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

03/25/2020 05:27 N

Clinical Encounter

NYM

03/25/2020 11:12 N

Clinical Encounter

NYM

03/26/2020 14:39 N

Temperature

NYM

03/26/2020 22:13 N

Temperature

NYM

03/27/2020 11:35 N

Temperature

NYM

03/30/2020 13:59 N

Temperature

NYM

03/31/2020 13:58 N

Temperature

NYM

04/01/2020 12:59 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed N Completed
N Completed N Completed Y Completed N Completed N Completed
N Completed N Completed N Completed
N Completed
N Completed N Completed N Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider P/AHSA Singh, Mandeep PA-C Yonnone, M. EMTP/AHSA Beaudouin, Robert MD Kang, Yoon PA-C Joaquin, Y. MLP Kang, Yoon PA-C Beaudouin, Robert MD
Kang, Yoon PA-C Kang, Yoon PA-C Yonnone, M. EMTP/AHSA Yonnone, M. EMTP/AHSA Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP
Page 208 of 319
MCC 2185

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 210 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/01/2020 13:03 N

Inmate Name

04/02/2020 13:29 N

04/03/2020 09:30 N 04/08/2020 10:51 N

Inmate No. 552

04/14/2020 13:54 N

04/18/2020 07:58 N

Activity Clinical Encounter Temperature Temperature Temperature Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Refused

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Sommer, Diane MD, NER-MAST Physician
Count: 25

05/13/2020 15:02 N 05/15/2020 00:00 N

Inmate No. 919

Intake PPD Reading

NYM NYM

N Completed Lopes, Hygor NRP N Not Started Nurse
Count: 2

03/12/2020 21:28 N 03/23/2020 13:32 N
03/26/2020 12:40 N 05/05/2020 12:31 N 05/05/2020 14:24 N 05/14/2020 14:39 N

Inmate No. 26

Clinical Encounter Clinical Encounter
Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM
NYM NYM NYM NYM

N Completed Thomas, Terrance HSA N Completed Chong, Chae Un
PharmD N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 6

03/09/2020 02:36 N

Inmate No. 553

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Page 209 of 319
MCC 2186

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 211 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/11/2020 09:56 N 03/23/2020 11:13 N 04/28/2020 10:04 N 04/28/2020 10:34 N

Inmate No. 27

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

meds expire 4/4/2020

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
Count: 4

03/05/2020 22:44 N 03/08/2020 10:15 N

Inmate No. 920

Intake PPD Reading

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP
Count: 2

03/13/2020 00:37 N 03/13/2020 09:00 N

Inmate No. 554

Clinical Encounter Sick Call/Triage
tinnitus B/L

NYM NYM

N Completed Singh, Mandeep PA-C N Not Started Physician 01
Count: 2

03/01/2020 17:16 N 03/03/2020 09:22 N

Inmate No. 921

Clinical Encounter Exit Summary

NYM NYM

N Completed Beaudouin, Robert MD N Completed Thomas, Terrance HSA
Count: 2

03/31/2020 14:57 N Inmate No. 555

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 210 of 319
MCC 2187

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 212 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/09/2020 15:18 N

Inmate Name

Activity Temperature

04/20/2020 14:56 N Inmate No. 555

Temperature

04/23/2020 15:18 N

Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 4

03/12/2020 06:26 N 03/24/2020 14:34 N 04/15/2020 09:00 N
05/11/2020 09:45 N 05/11/2020 09:53 N

Inmate No. 558

Intake

NYM

Clinical Encounter
Clinical Encounter for screening. Need new glasses
Clinical Encounter
Chronic Care Visit follow up on labs

NYM NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD N Not Started Optometrist
N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
Count: 5

03/03/2020 14:14 N 03/15/2020 21:01 N 03/16/2020 10:33 N 03/16/2020 13:15 N 03/16/2020 17:00 N 03/19/2020 13:30 N

Inmate No. 922

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Columbo, Joseph RN N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 211 of 319
MCC 2188

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 213 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

03/23/2020 13:34 N

Inmate No. 922

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C
Count: 7

03/09/2020 04:09 N
04/16/2020 14:32 N 04/20/2020 14:48 N 05/14/2020 14:54 N

Inmate No. 559

Intake
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Okafor, Chidubem DO N Completed Okafor, Chidubem DO N Completed Okafor, Chidubem DO
Count: 4

03/09/2020 05:22 N 03/12/2020 22:03 N

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Singh, Mandeep PA-C

04/01/2020 22:21 N 04/08/2020 14:45 N

Inmate No. 561

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Okafor, Chidubem DO

05/06/2020 15:06 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

05/13/2020 00:00 N

Clinical Encounter blurred vision

NYM

N Not Started Optometrist Count: 6

03/25/2020 00:00 N

Inmate No. 562

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Chronic Care Visit

NYM

6 MONTH MLP F/U.
Bureau of Prisons - NYM
Subject to Protective Order

N Not Started Mid-Level Provider
Page 212 of 319
MCC 2189

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 214 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 1

03/12/2020 04:13 N

Intake

NYM

N Completed Joaquin, Y. MLP

04/01/2020 22:27 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/23/2020 10:23 N 04/27/2020 13:08 N

Inmate No. 563

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD

05/11/2020 08:00 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

Count: 5

03/12/2020 07:59 N
03/26/2020 14:12 N 04/17/2020 08:32 N
04/29/2020 12:50 N 05/07/2020 16:43 N

Inmate No. 564

Intake
Clinical Encounter Clinical Encounter
Clinical Encounter Clinical Encounter

NYM
NYM NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD
N Completed Chong, Chae Un PharmD
N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
Count: 5

03/12/2020 03:17 N 04/27/2020 11:06 N

Inmate No. 28

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 213 of 319
MCC 2190

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 215 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/30/2020 13:35 N

Inmate No. 28

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD
Count: 3

03/06/2020 14:07 N 04/01/2020 18:29 N 04/02/2020 18:34 N 04/06/2020 10:54 N 04/09/2020 20:59 N 04/12/2020 22:58 N 04/13/2020 10:29 N 04/13/2020 10:50 N
04/13/2020 12:55 N 04/28/2020 08:45 N 05/09/2020 20:37 N 05/12/2020 16:15 N

Inmate No. 565

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Follow-up

NYM

had noose, to prevent self harm, O.C was used.

Clinical Encounter

NYM

Temperature

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Okafor, Chidubem DO N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C N Completed Beaudouin, Robert MD
Count: 12

03/04/2020 08:58 N 03/05/2020 16:13 N 03/27/2020 14:47 N 04/03/2020 15:05 N

Inmate No. 566

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Page 214 of 319
MCC 2191

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 216 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/05/2020 15:34 N

Inmate Name

04/06/2020 10:04 N

04/09/2020 09:12 N

04/13/2020 16:52 N

04/20/2020 15:25 N 05/05/2020 08:43 N

Inmate No. 566

Activity Clinical Encounter Clinical Encounter Clinical Encounter Temperature Clinical Encounter Clinical Encounter

05/08/2020 00:29 N 05/08/2020 15:00 N 05/12/2020 11:12 N

Clinical Encounter Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM NYM

N Completed N Completed N Completed

Facility: N/A
Provider Columbo, Joseph RN Kang, Yoon PA-C Kang, Yoon PA-C Beaudouin, Robert MD Kang, Yoon PA-C Yonnone, M. EMTP/AHSA Beaudouin, Robert MD Kang, Yoon PA-C Beaudouin, Robert MD
Count: 13

03/02/2020 12:50 N 03/12/2020 05:52 N
05/12/2020 10:40 N

Inmate No. 29

Intake Intake
Clinical Encounter

NYM NYM
NYM

N Completed Kang, Yoon PA-C
N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
Count: 3

04/01/2020 16:43 N

Inmate No. 567

Clinical Encounter

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/09/2020 04:14 N

Inmate No. 568

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
Page 215 of 319
MCC 2192

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 217 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/22/2020 19:53 N 04/25/2020 11:12 N

Inmate No. 568

Activity PPD Administration
PPD Reading

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Lopes, Hygor NRP Singh, Mandeep PA-C
Count: 3

04/22/2020 19:54 N 04/25/2020 11:11 N

Inmate No. 570

PPD Administration PPD Reading

NYM NYM

N Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C
Count: 2

03/18/2020 12:56 N 03/18/2020 13:12 N 03/20/2020 20:55 N 03/20/2020 21:50 N 04/01/2020 18:40 N 04/04/2020 19:24 N 04/13/2020 09:53 N 04/27/2020 09:20 N 05/07/2020 09:27 N 05/07/2020 09:38 N

Inmate No. 30

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Thomas, Terrance HSA N Completed Thomas, Terrance HSA N Completed Columbo, Joseph RN N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 10

04/02/2020 08:18 N 04/08/2020 14:25 N

Inmate No. 571

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Page 216 of 319
MCC 2193

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 218 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/27/2020 13:41 N

05/11/2020 20:31 N

Inmate Name
Inmate No. 571

Activity Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Okafor, Chidubem DO Singh, Mandeep PA-C
Count: 4

04/18/2020 19:43 N 04/21/2020 09:00 N 04/21/2020 12:09 N 04/22/2020 09:00 N 04/23/2020 08:30 N 04/24/2020 10:34 N 04/27/2020 09:00 N 04/28/2020 09:00 N 04/29/2020 09:00 N 04/30/2020 09:00 N 05/07/2020 22:39 N

Inmate No. 572

Intake Temperature PPD Reading Temperature Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD
Count: 11

05/11/2020 19:45 N

Inmate No. 573

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/05/2020 15:42 N 03/05/2020 15:44 N

Inmate No. 31

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Page 217 of 319
MCC 2194

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 219 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/21/2020 13:59 N

Inmate Name

04/22/2020 08:06 N

Inmate No. 31

Activity Clinical Encounter - Clinical Encounter
Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Kang, Yoon PA-C
Count: 4

03/24/2020 11:01 N 04/13/2020 00:00 N

Inmate No. 574

Clinical Encounter

NYM

Chronic Care Visit due 5/22

NYM

ID CLINIC

Refusal for treatment of latent Tb is not in chart needs a new refusal form

N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 01
Count: 2

03/02/2020 08:00 N

Inmate No. 923

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 22:12 N

Clinical Encounter

NYM

03/19/2020 22:26 N

Clinical Encounter

NYM

04/04/2020 20:13 N

Clinical Encounter

NYM

04/20/2020 22:45 N

Inmate No. 575

Clinical Encounter

NYM

04/27/2020 15:34 N

Clinical Encounter

NYM

04/28/2020 08:45 N

Temperature

NYM

05/07/2020 08:00 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C

N Completed Beaudouin, Robert MD

N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N Completed Kang, Yoon PA-C

N Completed Joaquin, Y. MLP

N Refused

Brenneman, Wiilliam RN
Page 218 of 319
MCC 2195

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 220 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 7

03/16/2020 23:18 N 03/18/2020 20:09 N

Inmate No. 576

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP

Count: 2

03/09/2020 15:36 N
04/21/2020 11:53 N 05/07/2020 07:56 N

Inmate No. 577

Clinical Encounter
Clinical Encounter Clinical Encounter

NYM
NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 3

04/02/2020 13:30 N 04/14/2020 13:29 N

Inmate No. 578

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Count: 2

03/13/2020 00:00 N 05/06/2020 14:26 N

Inmate No. 579

Assessment

NYM

clinic placement to be on Flonase

for chronic nasal congestion

Clinical Encounter

NYM

N Not Started Physician 01
N Completed Kang, Yoon PA-C Count: 2

03/25/2020 13:05 N

Inmate No. 581

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
Page 219 of 319
MCC 2196

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 221 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/06/2020 12:07 N

Inmate Name

04/27/2020 11:25 N 05/04/2020 00:00 N

Inmate No. 581

Activity Clinical Encounter Temperature PPD Administration

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

Y Completed

NYM

N Completed

NYM

N Not Started

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Nurse
Count: 4

03/23/2020 11:12 N 03/25/2020 12:27 N 03/31/2020 14:10 N 03/31/2020 14:15 N
04/20/2020 18:47 N 04/20/2020 22:48 N 04/21/2020 15:44 N 04/22/2020 15:43 N 05/06/2020 19:38 N

Inmate No. 582

Clinical Encounter

NYM

Clinical Encounter Clinical Encounter

NYM NYM

Chronic Care Visit

NYM

removed from clinic

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

N Completed Chong, Chae Un PharmD

N Completed Beaudouin, Robert MD

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C

N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C
Count: 9

04/29/2020 08:45 N

Inmate No. 585

Temperature

NYM

N Completed Joaquin, Y. MLP Count: 1

04/15/2020 13:01 N

Inmate No. 32

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
Page 220 of 319
MCC 2197

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 222 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/15/2020 13:30 N

Inmate Name

04/15/2020 13:30 N
04/27/2020 14:31 N 04/27/2020 14:35 N 05/03/2020 19:04 N

Inmate No. 32

Activity Chronic Care Visit
6 MONTH F/U. Chronic Care Visit
d/c Temperature
Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Canceled

NYM

N Canceled

NYM NYM NYM

N Completed N Completed N Completed

Facility: N/A
Provider Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD Singh, Mandeep PA-C
Count: 6

04/09/2020 13:17 N 04/23/2020 13:17 N

Inmate No. 580

Temperature Temperature

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

03/29/2020 12:35 N 04/08/2020 13:51 N 04/17/2020 12:49 N

Inmate No. 583

Clinical Encounter Clinical Encounter Chronic Care Visit

NYM NYM NYM

N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C N Completed Okafor, Chidubem DO
Count: 3

04/20/2020 00:00 N

Inmate No. 584

PPD Administration

NYM

N Not Started Nurse Count: 1

03/04/2020 00:00 N 04/09/2020 09:42 N

Inmate No. 33

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician

Clinical Encounter

NYM

Clinical Encounter

NYM

Bureau of Prisons - NYM

20 Civ. 3315

Subject to Protective Order

N Not Started Optometrist
N Completed Kang, Yoon PA-C
Page 221 of 319
MCC 2198

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 223 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/22/2020 00:00 N

Inmate Name

05/02/2020 15:15 N 05/12/2020 13:03 N

Inmate No. 33

Activity Chronic Care Visit
HCV+. Clinical Encounter
Sick Call/Triage

BP F/U. overdue address at clinic

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

NYM NYM

N Completed N Canceled

Facility: N/A
Provider Physician 02 Singh, Mandeep PA-C Sommer, Diane MD, NER-MAST Physician
Count: 5

03/12/2020 18:07 N 04/11/2020 14:04 N 05/01/2020 00:00 N

Inmate No. 34

Clinical Encounter

NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

noncompliant with medication

due 6/1

new labs ordered, inmate is not taking statin drugs

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Not Started Physician 01
Count: 3

03/06/2020 21:51 N 03/08/2020 10:17 N

Inmate No. 924

Intake PPD Reading

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP
Count: 2

03/03/2020 08:03 N

Inmate No. 35

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
Page 222 of 319
MCC 2199

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 224 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/07/2020 07:30 N

03/07/2020 12:34 N

03/07/2020 14:00 N

03/07/2020 15:03 N

03/07/2020 16:11 N

03/30/2020 07:00 N

03/30/2020 13:34 N

03/31/2020 00:00 N

Inmate Name

03/31/2020 07:00 N 03/31/2020 14:31 N

Inmate No. 35

Activity Blood Glucose Clinical Encounter Blood Glucose Clinical Encounter Clinical Encounter Blood Glucose Clinical Encounter Clinical Encounter
diabetes Blood Glucose Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

Y Completed

NYM

N Not Started

NYM NYM

N Completed N Completed

03/31/2020 14:49 N

Chronic Care Visit

NYM

N Canceled

04/02/2020 06:45 N 04/08/2020 07:00 N 04/22/2020 00:00 N
04/29/2020 06:55 N 04/30/2020 15:27 N 05/08/2020 08:36 N

14 day eval for DM

inmate is not in clinic

Blood Glucose

NYM

Blood Glucose

NYM

Assessment
clinic placement Blood Glucose

NYM NYM

Blood Glucose

NYM

Clinical Encounter

NYM

N Completed N Completed N Not Started
N Completed N No Show N Completed

Facility: N/A
Provider Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Joaquin, Y. MLP Joaquin, Y. MLP Optometrist
Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Joaquin, Y. MLP Joaquin, Y. MLP Physician 01
Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 223 of 319
MCC 2200

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 225 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 18

03/03/2020 12:38 N

Inmate No. 586

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP Count: 1

04/01/2020 16:51 N

Inmate No. 588

Clinical Encounter

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/03/2020 11:25 N

Inmate No. 36

PPD Administration

NYM

New PPD completed on 03/01/2020

N Canceled Joaquin, Y. MLP Count: 1

03/01/2020 22:38 N 03/06/2020 10:40 N 03/13/2020 15:21 N 03/13/2020 15:29 N 03/31/2020 14:18 N
03/31/2020 14:21 N
04/01/2020 16:45 N

Inmate No. 37

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter
Assessment
PULM CLINIC. Clinical Encounter

NYM NYM NYM NYM NYM
NYM
NYM

N Completed Beaudouin, Robert MD

N Completed Okafor, Chidubem DO

Y Completed Beaudouin, Robert MD

N In Progress Beaudouin, Robert MD

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Yonnone, M. EMTP/AHSA
Count: 7

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 224 of 319
MCC 2201

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 226 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/17/2020 13:48 N

03/17/2020 13:51 N

04/30/2020 09:30 N

05/07/2020 08:54 N

05/07/2020 09:28 N

Inmate Name
Inmate No. 38

Activity Clinical Encounter Clinical Encounter Temperature Temperature Clinical Encounter

05/12/2020 10:27 N

Need Eye Exam.
no reason stated Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Canceled

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Beaudouin, Robert MD Joaquin, Y. MLP Brenneman, Wiilliam RN Sommer, Diane MD, NER-MAST Physician
Kang, Yoon PA-C Count: 6

03/07/2020 13:00 N

Inmate No. 39

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/05/2020 15:58 N 03/13/2020 13:25 N 03/17/2020 15:48 N 03/29/2020 12:19 N
03/29/2020 12:28 N

Inmate No. 40

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter
Sick Call/Triage

NYM NYM NYM NYM
NYM

03/29/2020 12:29 N

Gastric problems Follow-up

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

2/11/20 EGD BIOPSY REPORT.
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Page 225 of 319
MCC 2202

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 227 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/31/2020 15:03 N

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

04/17/2020 00:00 N
04/17/2020 15:20 N 05/04/2020 09:47 N 05/11/2020 13:09 N 05/14/2020 11:19 N

Inmate No. 40

Chronic Care Visit

NYM

biopsy results from EGD - 2/11/2020

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

N Not Started
N Completed N Completed N Completed N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Physician 01
Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C
Count: 12

03/10/2020 16:49 N 03/23/2020 11:06 N 03/30/2020 10:21 N 03/30/2020 10:24 N
04/09/2020 13:44 N

Inmate No. 926

Clinical Encounter Clinical Encounter Clinical Encounter Chronic Care Visit
DUE 2/3/21 Temperature

NYM NYM NYM NYM
NYM

N Completed Sommer, Diane MD, NER-MAST Physician

N Completed Chong, Chae Un PharmD

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 5

03/10/2020 14:18 N 03/25/2020 11:27 N

Inmate No. 41

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 226 of 319
MCC 2203

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 228 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

04/22/2020 19:53 N 04/25/2020 11:11 N

Inmate No. 591

PPD Administration PPD Reading

NYM NYM

N Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C
Count: 2

03/04/2020 00:00 N 03/11/2020 10:08 N 04/07/2020 13:25 N

Chronic Care Visit

NYM

MLP 6 MONTH F/U.

Clinical Encounter

NYM

Clinical Encounter

NYM

N Not Started Mid-Level Provider
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C

04/07/2020 14:33 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/08/2020 10:55 N 04/09/2020 07:00 N

Inmate No. 45

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

04/10/2020 09:42 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/13/2020 10:19 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/14/2020 07:00 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/15/2020 07:00 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/16/2020 07:00 N
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Temperature

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 227 of 319
MCC 2204

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 229 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/17/2020 08:45 N 04/18/2020 11:28 N 04/20/2020 08:45 N 04/20/2020 08:45 N 04/21/2020 09:00 N 04/22/2020 12:11 N 04/23/2020 08:30 N

Inmate No. 45

,

Temperature

,

Temperature

,

Temperature

,

Clinical Encounter

,

Temperature

,

Clinical Encounter

,

Temperature

NYM NYM NYM NYM NYM NYM NYM

03/24/2020 15:09 N 04/01/2020 16:36 N

Inmate No. 42

Clinical Encounter Clinical Encounter

NYM NYM

03/30/2020 10:31 N

Inmate No. 595

Clinical Encounter

NYM

03/12/2020 19:58 N

Inmate No. 43

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
Count: 18
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Yonnone, M. EMTP/AHSA Count: 2
N Completed Sommer, Diane MD, NER-MAST Physician Count: 1
N Completed Thomas, Terrance HSA
Page 228 of 319
MCC 2205

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 230 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/05/2020 20:16 N

04/27/2020 11:26 N

Inmate Name
Inmate No. 43

Activity Clinical Encounter Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Joaquin, Y. MLP
Count: 3

03/12/2020 23:52 N

Inmate No. 596

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/26/2020 15:56 N 03/30/2020 13:24 N 03/31/2020 20:00 N 04/24/2020 17:57 N 04/29/2020 08:45 N 04/29/2020 08:45 N 05/07/2020 11:23 N 05/08/2020 10:15 N

Inmate No. 594

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Temperature Temperature Clinical Encounter Temperature

NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Kang, Yoon PA-C

N Refused

Brenneman, Wiilliam RN

Count: 8

03/21/2020 11:10 N

Clinical Encounter

NYM

04/13/2020 00:00 N

PPD Administration

NYM

04/30/2020 09:30 N

Inmate No. 592

Temperature

NYM

05/07/2020 08:00 N

Temperature

NYM

05/10/2020 13:37 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Not Started Nurse N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Lopes, Hygor NRP
Page 229 of 319
MCC 2206

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 231 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

05/11/2020 08:00 N

Inmate No. 592

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN
Count: 6

03/09/2020 08:59 N 03/12/2020 08:45 N 04/01/2020 00:00 N
04/26/2020 00:00 N 05/08/2020 08:30 N

Inmate No. 44

Clinical Encounter

NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

6 MONTH MLP F/U.

PPD Administration

NYM

Temperature

NYM

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Not Started Mid-Level Provider
N Not Started Nurse N Completed Brenneman, Wiilliam RN
Count: 5

03/03/2020 09:38 N 03/06/2020 09:00 N 03/07/2020 12:41 N

Inmate No. 593

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Count: 3

03/06/2020 22:22 N

Intake

NYM

03/08/2020 10:17 N 03/31/2020 16:45 N 04/03/2020 14:24 N 04/07/2020 00:00 N 04/09/2020 09:37 N

Inmate No. 599

PPD Reading Clinical Encounter Clinical Encounter Assessment Clinical Encounter

NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C N Not Started Physician 02 N Completed Kang, Yoon PA-C
Page 230 of 319
MCC 2207

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 232 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/15/2020 20:30 N

Inmate No. 599

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN
Count: 7

03/16/2020 23:34 N 03/18/2020 20:09 N

Inmate No. 600

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

03/10/2020 22:02 N 04/07/2020 00:00 N
04/16/2020 10:20 N

Inmate No. 601

Intake
Assessment PPD+.
Temperature

NYM NYM
NYM

N Completed Columbo, Joseph RN N Not Started Physician 02
N Completed Joaquin, Y. MLP Count: 3

04/07/2020 07:38 N 04/07/2020 09:41 N 04/08/2020 15:06 N

Inmate No. 46

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD
Count: 3

03/02/2020 11:31 N

Clinical Encounter

NYM

03/11/2020 12:41 N

Clinical Encounter

NYM

03/11/2020 13:03 N 03/17/2020 21:53 N

Inmate No. 47

Clinical Encounter Chronic Care Visit

NYM NYM

03/17/2020 21:53 N
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

1-yr F/U. MLP Chronic Care Follow up NYM
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD
Page 231 of 319
MCC 2208

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 233 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/18/2020 16:34 N

Inmate Name

Activity
6-month F/U. Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD

03/26/2020 00:05 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/05/2020 15:51 N

Clinical Encounter

NYM

N Completed Columbo, Joseph RN

04/06/2020 10:10 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/07/2020 13:41 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/07/2020 16:26 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/08/2020 10:28 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/09/2020 09:23 N 04/09/2020 11:24 N

Inmate No. 47

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C

04/10/2020 09:12 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/14/2020 10:23 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/15/2020 11:33 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/29/2020 00:00 N 05/08/2020 14:17 N

Clinical Encounter

NYM

N Not Started Optometrist

60 YR OLD FEMALE WITH HX OF HIV+, HTN REFERRED FOR YEARLY VISIT.

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/12/2020 11:02 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/12/2020 11:57 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Count: 21

03/14/2020 17:34 N 03/17/2020 10:33 N

Inmate No. 925

Intake PPD Reading

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C
N Completed Joaquin, Y. MLP
Page 232 of 319
MCC 2209

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 234 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

04/15/2020 00:00 N

Inmate No. 48

Chronic Care Visit

NYM

N Not Started Physician 02 Count: 1

03/10/2020 16:28 N 04/07/2020 10:16 N

Inmate No. 603

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Okafor, Chidubem DO
Count: 2

03/01/2020 22:42 N 03/09/2020 15:15 N

Clinical Encounter Clinical Encounter

NYM NYM

03/10/2020 11:08 N

Clinical Encounter

NYM

03/27/2020 11:37 N

Clinical Encounter

NYM

04/22/2020 19:53 N

PPD Administration

NYM

04/25/2020 11:11 N 05/06/2020 14:42 N

Inmate No. 602

PPD Reading Clinical Encounter

NYM NYM

05/06/2020 15:14 N

Clinical Encounter

NYM

05/07/2020 00:00 N 05/08/2020 13:06 N

Assessment
ASTHMA Clinical Encounter

NYM NYM

05/08/2020 13:23 N

Clinical Encounter

NYM

05/11/2020 08:27 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Lopes, Hygor NRP N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Not Started Physician 02
N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Page 233 of 319
MCC 2210

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 235 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/14/2020 15:03 N

Inmate Name
Inmate No. 602

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C
Count: 13

04/08/2020 13:20 N 04/28/2020 07:00 N 04/30/2020 09:30 N 05/07/2020 08:00 N 05/08/2020 16:15 N
05/11/2020 08:00 N

Inmate No. 604

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

Clinical Encounter - Clinical NYM Encounter

Temperature

NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Beaudouin, Robert MD

N Refused

Brenneman, Wiilliam RN Count: 6

03/25/2020 14:24 N 03/25/2020 14:44 N 04/07/2020 22:18 N 04/16/2020 00:00 N 04/20/2020 00:00 N

Inmate No. 49

Clinical Encounter Clinical Encounter Clinical Encounter Chronic Care Visit PPD Administration

NYM NYM NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Columbo, Joseph RN N Not Started Physician 01 N Not Started Nurse
Count: 5

03/02/2020 10:00 N

Clinical Encounter

NYM

03/02/2020 10:47 N 03/10/2020 15:59 N

Inmate No. 605

Clinical Encounter Clinical Encounter

NYM NYM

03/12/2020 19:43 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Joaquin, Y. MLP
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
Page 234 of 319
MCC 2211

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 236 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/20/2020 10:11 N

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD

03/30/2020 10:36 N 03/30/2020 10:39 N 03/30/2020 10:40 N

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

Assessment

NYM

N Canceled

Sommer, Diane MD, NER-MAST Physician

NEURO CLINIC. Sick Call/Triage

NYM

N Canceled

Sommer, Diane MD, NER-MAST Physician

Right shoulder injury. Needs evaluation and possible x-rays. Needs Keppra level. Requesting to talk to the doctor.

04/06/2020 12:44 N 04/20/2020 22:10 N

Inmate No. 605

seen 3/20 Clinical Encounter
Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C

04/21/2020 07:00 N

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

04/22/2020 10:47 N

Clinical Encounter

NYM

N Completed Joaquin, Y. MLP

04/28/2020 08:45 N

Temperature

NYM

N Completed Joaquin, Y. MLP

05/07/2020 08:00 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/09/2020 12:18 N

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

05/12/2020 10:36 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/12/2020 11:40 N

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 17

03/24/2020 14:09 N 03/24/2020 14:31 N

Inmate No. 50

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD,
Page 235 of 319
MCC 2212

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 237 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

03/26/2020 14:57 N 03/30/2020 12:22 N

Inmate No. 50

Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM

Y Completed N Completed

Facility: N/A
Provider NER-MAST Physician Beaudouin, Robert MD Kang, Yoon PA-C
Count: 4

03/04/2020 14:09 N 03/10/2020 15:00 N 05/05/2020 00:00 N 05/06/2020 14:00 N

Inmate No. 51

Clinical Encounter

NYM

Clinical Encounter

NYM

Chronic Care Visit

NYM

meds expire in June

Temperature

NYM

N Completed DiMisa, Samantha Ph.D.
N Completed Beaudouin, Robert MD N Not Started Physician 01
N Completed Kang, Yoon PA-C Count: 4

03/12/2020 07:39 N 03/12/2020 12:21 N

Inmate No. 899

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP
Count: 2

05/07/2020 14:56 N 05/09/2020 12:17 N 05/11/2020 07:30 N 05/12/2020 00:00 N
05/12/2020 10:24 N

Inmate No. 760

Intake PPD Reading Temperature History/Physical
due 5/20 Temperature

NYM NYM NYM NYM
NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN N Not Started Mid-Level Provider
N Completed Kang, Yoon PA-C
Page 236 of 319
MCC 2213

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 238 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/13/2020 09:40 N

05/14/2020 11:30 N

05/14/2020 12:27 N

Inmate Name
Inmate No. 760

Activity Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C
Count: 8

03/12/2020 17:57 N

Inmate No. 53

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

04/01/2020 16:53 N
04/27/2020 11:26 N 05/08/2020 00:00 N

Inmate No. 611

Clinical Encounter
Temperature PPD Administration

NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP
N Not Started Nurse
Count: 3

03/01/2020 22:43 N 05/06/2020 14:41 N

Inmate No. 898

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD Y Completed Beaudouin, Robert MD
Count: 2

04/28/2020 08:45 N 05/07/2020 08:00 N

Inmate No. 610

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP

N Refused

Brenneman, Wiilliam RN

Count: 2

03/07/2020 12:01 N 03/27/2020 07:28 N

Inmate No. 54

Clinical Encounter Exit Summary

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Completed Thomas, Terrance HSA
Page 237 of 319
MCC 2214

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 239 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/13/2020 00:33 N 03/13/2020 09:00 N

Inmate No. 608

Clinical Encounter Sick Call/Triage
left ear tinnitus

NYM NYM

N Completed Singh, Mandeep PA-C N Not Started Physician 01
Count: 2

05/07/2020 14:37 N

Intake

NYM

N Completed Kang, Yoon PA-C

05/09/2020 12:17 N

PPD Reading

NYM

N Completed Singh, Mandeep PA-C

05/11/2020 07:30 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/12/2020 00:00 N 05/12/2020 10:24 N

Inmate No. 761

History/Physical
due 5/20 Temperature

NYM NYM

N Not Started Mid-Level Provider N Completed Kang, Yoon PA-C

05/13/2020 09:41 N

Temperature

NYM

N Completed Kang, Yoon PA-C

05/14/2020 11:30 N

Temperature

NYM

N Completed Kang, Yoon PA-C

05/14/2020 11:39 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Count: 8

03/17/2020 21:39 N

Inmate No. 612

Intake

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
Page 238 of 319
MCC 2215

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 240 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/20/2020 07:47 N

Inmate Name
Inmate No. 612

Activity PPD Reading

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

Count: 2

04/06/2020 09:30 N
04/07/2020 08:30 N 04/09/2020 07:00 N 04/10/2020 09:52 N 04/13/2020 10:22 N 04/14/2020 07:00 N 04/15/2020 09:00 N 04/16/2020 07:00 N 04/17/2020 06:40 N 04/20/2020 13:49 N 04/22/2020 13:11 N
04/29/2020 08:45 N

Inmate No. 613

Clinical Encounter - Clinical NYM Encounter

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Joaquin, Y. MLP
Count: 12

04/23/2020 13:33 N 04/27/2020 09:00 N 04/28/2020 09:00 N

Inmate No. 615

Intake Temperature Temperature

NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 239 of 319
MCC 2216

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 241 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/29/2020 09:00 N

04/30/2020 09:00 N

05/05/2020 07:30 N

05/06/2020 07:30 N

05/07/2020 07:30 N

05/08/2020 07:30 N

Inmate Name
Inmate No. 615

Activity Temperature Temperature Temperature Temperature Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN
Count: 9

03/06/2020 10:47 N 05/08/2020 13:59 N

Inmate No. 614

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Okafor, Chidubem DO N Completed Brenneman, Wiilliam RN
Count: 2

03/10/2020 22:34 N 03/12/2020 12:19 N

Inmate No. 897

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

03/02/2020 16:13 N 03/13/2020 09:18 N

Inmate No. 896

Intake Exit Summary

NYM NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP
Count: 2

03/10/2020 15:03 N 04/29/2020 00:00 N

Inmate No. 619

Clinical Encounter Clinical Encounter

NYM NYM

EXAM FOR ERROR OF REFRACTION.

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Not Started Optometrist
Page 240 of 319
MCC 2217

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 242 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/31/2020 08:53 N 05/08/2020 10:34 N 05/08/2020 12:07 N

Inmate No. 617

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 3

03/04/2020 23:35 N

Inmate No. 895

Intake

NYM

N Completed Columbo, Joseph RN Count: 1

03/02/2020 12:41 N 03/03/2020 12:45 N
03/12/2020 04:27 N 03/24/2020 14:33 N

Inmate No. 55

Intake Clinical Encounter
Intake Clinical Encounter

NYM NYM
NYM NYM

N Completed Kang, Yoon PA-C N Completed Schlessinger, K.
PsyD/PhD N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C
Count: 4

03/12/2020 04:33 N 04/09/2020 12:13 N

Inmate No. 894

Intake Exit Summary

NYM NYM

N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C
Count: 2

03/05/2020 14:02 N

Clinical Encounter

NYM

04/01/2020 11:18 N

Inmate No. 620

Clinical Encounter

NYM

04/01/2020 11:27 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
Page 241 of 319
MCC 2218

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 243 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 3

03/10/2020 07:09 N

Inmate No. 893

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/02/2020 21:10 N 04/07/2020 16:19 N

Inmate No. 892

Clinical Encounter Exit Summary

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Yonnone, M. EMTP/AHSA
Count: 2

03/31/2020 15:04 N 04/09/2020 15:16 N 04/12/2020 19:04 N 05/05/2020 00:00 N

Inmate No. 621

Temperature Temperature Clinical Encounter PPD Administration

NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C
N Not Started Nurse
Count: 4

03/04/2020 08:46 N

Inmate No. 891

Exit Summary

NYM

N Completed Thomas, Terrance HSA Count: 1

03/01/2020 22:44 N

Clinical Encounter

NYM

03/12/2020 04:45 N 03/17/2020 15:30 N

Inmate No. 890

Intake Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD
Page 242 of 319
MCC 2219

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 244 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/23/2020 12:09 N

03/27/2020 07:31 N

Inmate Name
Inmate No. 890

Activity Clinical Encounter
Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Chong, Chae Un PharmD Thomas, Terrance HSA
Count: 5

03/01/2020 08:00 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

03/02/2020 07:35 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/03/2020 07:10 N

Blood Glucose

NYM

N Refused

Joaquin, Y. MLP

03/03/2020 18:33 N

Blood Glucose

NYM

N Completed Columbo, Joseph RN

03/04/2020 07:30 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/04/2020 16:34 N 03/04/2020 16:35 N

Inmate No. 56

Blood Glucose Clinical Encounter

NYM NYM

N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN

03/05/2020 07:30 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

03/06/2020 15:00 N

Blood Glucose

NYM

N Completed Thomas, Terrance HSA

03/07/2020 09:11 N 03/07/2020 21:19 N

Clinical Encounter Blood Glucose

NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Singh, Mandeep PA-C

03/08/2020 07:30 N

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 243 of 319
MCC 2220

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 245 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/09/2020 20:46 N

Blood Glucose

NYM

03/12/2020 15:50 N

Blood Glucose

NYM

03/12/2020 21:18 N

Clinical Encounter

NYM

03/13/2020 07:15 N

Blood Glucose

NYM

03/20/2020 06:55 N

Blood Glucose

NYM

03/21/2020 06:00 N

Blood Glucose

NYM

03/22/2020 16:18 N 03/23/2020 07:20 N

Inmate No. 56

Blood Glucose Blood Glucose

NYM NYM

03/23/2020 15:48 N

Blood Glucose

NYM

03/25/2020 09:34 N

Clinical Encounter

NYM

03/26/2020 07:10 N

Blood Glucose

NYM

03/27/2020 23:31 N

Clinical Encounter

NYM

03/28/2020 16:28 N

Clinical Encounter

NYM

03/29/2020 13:52 N

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N Completed Beaudouin, Robert MD

N Completed Joaquin, Y. MLP

N No Show

Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N Completed Columbo, Joseph RN

N Completed Joaquin, Y. MLP

N Completed Kang, Yoon PA-C

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

N Completed Columbo, Joseph RN

N Refused

Columbo, Joseph RN
Page 244 of 319
MCC 2221

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 246 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/30/2020 09:00 N

Blood Glucose

NYM

03/30/2020 10:23 N

Clinical Encounter

NYM

03/30/2020 10:54 N

Clinical Encounter

NYM

03/31/2020 12:49 N

Clinical Encounter

NYM

04/01/2020 09:30 N

Clinical Encounter

NYM

04/01/2020 09:39 N

Clinical Encounter

NYM

04/02/2020 08:36 N 04/02/2020 11:40 N

Inmate No. 56

Clinical Encounter Clinical Encounter

NYM NYM

04/02/2020 15:00 N

Clinical Encounter

NYM

04/03/2020 09:30 N

Clinical Encounter

NYM

04/03/2020 10:57 N

Clinical Encounter

NYM

04/03/2020 19:03 N

Clinical Encounter

NYM

04/03/2020 19:06 N

Clinical Encounter

NYM

04/04/2020 12:02 N

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Refused

Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Completed Joaquin, Y. MLP

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Refused

Columbo, Joseph RN
Page 245 of 319
MCC 2222

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 247 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/05/2020 12:12 N

Clinical Encounter

NYM

04/05/2020 17:34 N

Clinical Encounter

NYM

04/05/2020 22:49 N

Blood Glucose

NYM

04/06/2020 10:30 N

Clinical Encounter

NYM

04/06/2020 21:28 N 04/06/2020 22:26 N

Clinical Encounter - Clinical NYM Encounter

Blood Glucose

NYM

04/07/2020 09:00 N 04/07/2020 10:16 N

Inmate No. 56

Blood Glucose Clinical Encounter

NYM NYM

04/08/2020 11:09 N

Clinical Encounter

NYM

04/09/2020 09:00 N

Clinical Encounter

NYM

04/10/2020 07:49 N

Clinical Encounter

NYM

04/10/2020 08:40 N

Temperature

NYM

04/10/2020 08:40 N

Blood Glucose

NYM

04/11/2020 22:20 N

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN

N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

N Completed Singh, Mandeep PA-C

N Refused

Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Kang, Yoon PA-C

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C
Page 246 of 319
MCC 2223

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 248 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/12/2020 09:00 N

Blood Glucose

NYM

04/12/2020 13:03 N

Temperature

NYM

04/12/2020 22:11 N

Blood Glucose

NYM

04/13/2020 09:30 N

Blood Glucose

NYM

04/13/2020 09:30 N

Temperature

NYM

04/14/2020 09:00 N

Temperature

NYM

04/14/2020 09:00 N 04/15/2020 09:00 N

Inmate No. 56

Blood Glucose Blood Glucose

NYM NYM

04/15/2020 09:00 N

Temperature

NYM

04/15/2020 09:58 N

Clinical Encounter

NYM

04/15/2020 16:49 N

Temperature

NYM

04/16/2020 09:00 N

Blood Glucose

NYM

04/16/2020 10:05 N

Clinical Encounter - Clinical NYM Encounter

04/16/2020 20:10 N

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN

N Completed Columbo, Joseph RN

N Refused

Singh, Mandeep PA-C

N Refused

Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C
Page 247 of 319
MCC 2224

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 249 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/17/2020 10:13 N 04/17/2020 20:51 N 04/18/2020 07:17 N 04/18/2020 07:33 N
04/18/2020 11:31 N 04/18/2020 19:55 N 04/20/2020 07:35 N 04/20/2020 11:01 N 04/21/2020 07:35 N 04/21/2020 09:00 N 04/21/2020 22:10 N 04/22/2020 07:15 N 04/23/2020 06:50 N

Inmate No. 56

Clinical Encounter

NYM

Blood Glucose

NYM

Clinical Encounter

NYM

Sick Call/Triage

NYM

left wrist ecchymosis

Temperature

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Clinical Encounter

NYM

Blood Glucose

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Blood Glucose

NYM

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

N Completed Singh, Mandeep PA-C

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Yonnone, M. EMTP/AHSA

N Refused

Singh, Mandeep PA-C

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Kang, Yoon PA-C

N Completed Lopes, Hygor NRP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 248 of 319
MCC 2225

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 250 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/23/2020 10:58 N

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C

04/23/2020 19:42 N

Blood Glucose

NYM

N No Show

Singh, Mandeep PA-C

04/24/2020 07:10 N

Blood Glucose

NYM

N Refused

Joaquin, Y. MLP

04/25/2020 11:01 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

04/25/2020 20:27 N

Blood Glucose

NYM

N No Show

Singh, Mandeep PA-C

04/26/2020 19:09 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

04/27/2020 07:35 N 04/27/2020 20:49 N

Inmate No. 56

Blood Glucose Blood Glucose

NYM NYM

N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C

04/28/2020 07:05 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/28/2020 13:00 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

04/29/2020 06:55 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/29/2020 18:18 N

Blood Glucose

NYM

N Refused

Lopes, Hygor NRP

04/30/2020 06:55 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

04/30/2020 15:26 N

Blood Glucose

NYM

N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 249 of 319
MCC 2226

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 251 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/02/2020 09:24 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Lopes, Hygor NRP

05/02/2020 20:09 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/03/2020 09:20 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

05/03/2020 18:54 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/04/2020 06:45 N

Blood Glucose

NYM

N Completed Kang, Yoon PA-C

05/04/2020 21:26 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/05/2020 06:30 N 05/05/2020 18:40 N

Inmate No. 56

Blood Glucose Blood Glucose

NYM NYM

N Completed Brenneman, Wiilliam RN N Completed Lopes, Hygor NRP

05/06/2020 06:30 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/06/2020 10:33 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

05/06/2020 22:00 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/07/2020 06:30 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 06:30 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/09/2020 12:15 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 250 of 319
MCC 2227

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 252 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/09/2020 20:46 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C

05/10/2020 16:52 N

Blood Glucose

NYM

N Completed Lopes, Hygor NRP

05/11/2020 06:30 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/11/2020 20:50 N

Blood Glucose

NYM

N Completed Singh, Mandeep PA-C

05/12/2020 07:30 N

Blood Glucose

NYM

N Completed Kang, Yoon PA-C

05/12/2020 17:00 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

05/13/2020 00:00 N

Inmate No. 56

05/13/2020 07:30 N

Chronic Care Visit

NYM

annual is due 5/17/2020

has been seen in follow up

Blood Glucose

NYM

N Not Started Physician 01 N Completed Kang, Yoon PA-C

05/14/2020 07:30 N

Blood Glucose

NYM

N Completed Kang, Yoon PA-C

05/14/2020 14:30 N

Clinical Encounter

NYM

N In Progress Beaudouin, Robert MD

05/14/2020 14:48 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

05/14/2020 15:00 N

Blood Glucose

NYM

N Completed Brenneman, Wiilliam RN

Count: 121

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 251 of 319
MCC 2228

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 253 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/10/2020 22:56 N

04/14/2020 11:57 N

Inmate Name
Inmate No. 623

Activity Intake
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Sommer, Diane MD, NER-MAST Physician
Count: 2

03/12/2020 18:23 N

Inmate No. 624

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/01/2020 20:44 N 04/20/2020 14:51 N

Inmate No. 625

Chronic Care Visit

NYM

annual is due 10/15

ortho clinic

latent Tb Clinical Encounter

NYM

N Canceled Beaudouin, Robert MD N Completed Okafor, Chidubem DO

Count: 2

04/27/2020 11:18 N

Inmate No. 626

Temperature

NYM

N Completed Joaquin, Y. MLP Count: 1

03/13/2020 22:31 N 03/18/2020 15:03 N 03/18/2020 15:29 N 03/23/2020 12:06 N

Inmate No. 627

Clinical Encounter Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP
Page 252 of 319
MCC 2229

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 254 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/24/2020 13:47 N

03/25/2020 11:23 N

03/26/2020 14:40 N

03/26/2020 22:14 N

03/27/2020 11:32 N

03/31/2020 13:54 N

04/08/2020 22:41 N

04/30/2020 09:30 N

05/07/2020 08:00 N

05/11/2020 08:00 N

05/12/2020 10:30 N

Inmate Name
Inmate No. 627

Activity Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter Temperature Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Brenneman, Wiilliam RN Brenneman, Wiilliam RN Kang, Yoon PA-C
Count: 15

03/01/2020 07:05 N 03/11/2020 09:15 N
03/11/2020 09:16 N

Inmate No. 57

PPD Reading History/Physical
lock down Clinical Encounter
lock down

NYM NYM
NYM

N Completed Columbo, Joseph RN N Unavailable Sommer, Diane MD,
NER-MAST Physician
N Unavailable Sommer, Diane MD, NER-MAST Physician
Count: 3

03/11/2020 00:00 N

Inmate No. 628

Assessment

NYM

latent Tb

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Not Started Physician 01
Page 253 of 319
MCC 2230

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 255 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/12/2020 04:17 N 03/24/2020 15:27 N 04/14/2020 14:05 N 04/14/2020 14:07 N

Inmate No. 628

refusal is not scanned into BEMR he has not had labs done HIV status is unknown at this time

recheck BP Intake

NYM

Temperature

NYM

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
Count: 5

03/12/2020 18:26 N 03/23/2020 13:35 N

Inmate No. 629

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Singh, Mandeep PA-C
N Completed Chong, Chae Un PharmD Count: 2

03/12/2020 01:22 N 03/15/2020 10:47 N

Intake PPD Reading

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Columbo, Joseph RN

03/15/2020 10:47 N 03/23/2020 06:50 N

Inmate No. 58

Clinical Encounter Clinical Encounter

NYM NYM

04/14/2020 14:27 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD
Page 254 of 319
MCC 2231

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 256 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/16/2020 14:01 N

Inmate No. 58

03/12/2020 01:28 N 03/15/2020 10:45 N

Inmate No. 630

Assessment clinic placement latent Tb

NYM

Intake PPD Reading

NYM NYM

03/12/2020 22:28 N 03/13/2020 09:00 N
03/30/2020 16:37 N
04/06/2020 10:56 N 04/11/2020 14:23 N 04/22/2020 00:00 N

Inmate No. 631

Clinical Encounter

NYM

Sick Call/Triage

NYM

asthma exacerbation

Clinical Encounter

NYM

Clinical Encounter Clinical Encounter Assessment
clinic placement

NYM NYM NYM

03/07/2020 14:47 N 03/09/2020 11:02 N

Inmate No. 634

Intake PPD Reading

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 6
N Completed Yonnone, M. EMTP/AHSA
N Completed Columbo, Joseph RN
Count: 2
N Completed Singh, Mandeep PA-C N Not Started Physician 01
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Okafor, Chidubem DO N Completed Columbo, Joseph RN N Not Started Physician 01
Count: 6
N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP
Page 255 of 319
MCC 2232

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 257 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/06/2020 11:02 N

05/06/2020 11:02 N

Inmate Name
Inmate No. 634

Activity History/Physical
duplicate History/Physical
overdue

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Canceled

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Kang, Yoon PA-C
Count: 4

03/10/2020 16:31 N

Inmate No. 632

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

03/13/2020 00:32 N

Inmate No. 633

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

03/13/2020 15:36 N

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

03/17/2020 13:11 N 05/06/2020 14:19 N

Inmate No. 635

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C

Count: 3

03/12/2020 22:15 N 03/13/2020 09:00 N

Inmate No. 637

Clinical Encounter

NYM

Sick Call/Triage

NYM

multiple minor injuries from use of force

N Completed Singh, Mandeep PA-C N Not Started Physician 01
Count: 2

03/05/2020 13:53 N

Inmate No. 889

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Clinical Encounter

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Page 256 of 319
MCC 2233

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 258 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/11/2020 06:40 N

Inmate Name
Inmate No. 889

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Yonnone, M. EMTP/AHSA
Count: 2

04/02/2020 15:12 N 04/26/2020 19:00 N

Inmate No. 636

SANTANA, VICTOR -- 87146-054
SANTIAGO, LEON -- 08224-082 03/07/2020 15:30 N

03/12/2020 20:34 N 03/25/2020 13:27 N

Inmate No. 59

04/08/2020 14:48 N

Clinical Encounter Clinical Encounter
Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM
NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Lopes, Hygor NRP
Count: 2
N Completed Kang, Yoon PA-C N Completed Thomas, Terrance HSA N Completed Thomas, Terrance HSA N Completed Okafor, Chidubem DO
Count: 4

03/08/2020 21:27 N

Blood Glucose

NYM

03/19/2020 09:00 N 03/24/2020 14:03 N

Sick Call/Triage

NYM

No feeling well. Needs labs.

Requesting follow up in diabetic clinic.

Clinical Encounter

NYM

03/30/2020 07:00 N 04/16/2020 07:40 N

Inmate No. 60

Blood Glucose Blood Glucose

NYM NYM

04/17/2020 13:18 N

Clinical Encounter

NYM

04/28/2020 08:45 N

Temperature

NYM

04/28/2020 10:38 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Not Started Mid-Level Provider
N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 257 of 319
MCC 2234

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 259 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/30/2020 09:56 N

05/07/2020 08:00 N

05/08/2020 09:48 N

05/09/2020 12:23 N

Inmate Name
Inmate No. 60

Activity Clinical Encounter Temperature Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Brenneman, Wiilliam RN Kang, Yoon PA-C Singh, Mandeep PA-C
Count: 12

03/05/2020 11:59 N

PPD Administration

NYM

N Completed Joaquin, Y. MLP

03/07/2020 18:10 N 03/07/2020 18:13 N

Inmate No. 639

PPD Reading Clinical Encounter

NYM NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C

03/19/2020 00:00 N

Chronic Care Visit

NYM

LTBI inmate is not in clinic yet

N Not Started Physician 01 Count: 4

03/06/2020 01:06 N 03/08/2020 10:17 N

Inmate No. 640

Intake PPD Reading

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP

Count: 2

04/02/2020 13:19 N

Inmate No. 642

Temperature

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 258 of 319
MCC 2235

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 260 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/10/2020 12:50 N

04/10/2020 13:21 N

Inmate Name

Activity Clinical Encounter
Temperature

04/14/2020 13:19 N 04/15/2020 13:21 N

Inmate No. 642

Temperature Temperature

04/29/2020 08:45 N 05/08/2020 08:30 N

Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM

N Completed N Completed

Facility: N/A
Provider Kang, Yoon PA-C Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Joaquin, Y. MLP Brenneman, Wiilliam RN
Count: 7

03/11/2020 00:00 N

Inmate No. 61

Assessment

NYM

needs to be assessed for clinic placement

N Not Started Physician 01 Count: 1

03/06/2020 23:03 N 03/08/2020 10:17 N

Intake PPD Reading

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Joaquin, Y. MLP

03/10/2020 11:16 N 03/11/2020 12:41 N 03/25/2020 02:46 N

Inmate No. 643

Clinical Encounter
Chronic Care Visit
from fort dix Clinical Encounter

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Miller, Elissa PhD/Chief Psychologist

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Yonnone, M. EMTP/AHSA
Count: 5
Page 259 of 319
MCC 2236

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 261 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/03/2020 00:00 N
03/07/2020 12:51 N 04/17/2020 12:52 N 04/27/2020 11:15 N 05/15/2020 00:00 N

Inmate No. 62

Chronic Care Visit

NYM

N

6 MONTH MLP F/U.

Clinical Encounter

NYM

N

Chronic Care Visit

NYM

N

Temperature

NYM

N

Chronic Care Visit

NYM

N

Pt will be rescheduled due to continued modified lockdown

Not Started
Completed Completed Completed Not Started

Mid-Level Provider
Kang, Yoon PA-C Okafor, Chidubem DO Joaquin, Y. MLP Psychiatrist
Count: 5

03/14/2020 14:06 N 03/20/2020 10:32 N 03/31/2020 14:53 N

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

03/31/2020 20:30 N

Clinical Encounter

NYM

04/01/2020 14:18 N

Clinical Encounter

NYM

04/02/2020 17:27 N 04/06/2020 21:37 N

Inmate No. 644

Sick Call/Triage

NYM

Complaining of blood in the stools.

Pending x-rays.

Clinical Encounter

NYM

04/10/2020 12:15 N

Clinical Encounter

NYM

04/12/2020 19:01 N

Clinical Encounter

NYM

04/13/2020 22:38 N

Clinical Encounter

NYM

04/19/2020 00:00 N

PPD Administration

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Completed Beaudouin, Robert MD N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C N Canceled Beaudouin, Robert MD
N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Not Started Nurse
Page 260 of 319
MCC 2237

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 262 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 11

03/13/2020 20:28 N 03/15/2020 10:38 N 03/17/2020 13:34 N

Inmate No. 646

Intake PPD Reading Clinical Encounter

NYM NYM NYM

N Completed Singh, Mandeep PA-C N Completed Columbo, Joseph RN N Completed Okafor, Chidubem DO
Count: 3

03/12/2020 17:40 N

Inmate No. 645

Intake

NYM

N Completed Singh, Mandeep PA-C Count: 1

04/27/2020 11:27 N

Inmate No. 647

Temperature

NYM

N Completed Joaquin, Y. MLP Count: 1

04/21/2020 11:20 N 04/29/2020 12:02 N 04/30/2020 09:19 N 05/07/2020 00:00 N

Inmate No. 648

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

MLP Chronic Care Follow up NYM

6 MONTH F/U.

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Not Started Mid-Level Provider
Count: 4

03/01/2020 22:44 N 03/12/2020 18:31 N 04/28/2020 14:04 N

Inmate No. 649

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Kang, Yoon PA-C
Page 261 of 319
MCC 2238

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 263 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/12/2020 00:00 N

Inmate Name
Inmate No. 649

Activity Chronic Care Visit
asthma

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Not Started

Provider Physician 01

Count: 4

03/03/2020 08:15 N

Inmate No. 888

Exit Summary

NYM

N Completed Thomas, Terrance HSA Count: 1

03/03/2020 21:20 N 03/04/2020 12:14 N
03/05/2020 09:39 N 03/11/2020 12:38 N
03/15/2020 22:35 N 04/02/2020 11:11 N 04/17/2020 09:32 N 05/01/2020 09:57 N 05/05/2020 14:52 N
05/08/2020 07:30 N 05/08/2020 08:14 N 05/12/2020 10:46 N

Inmate No. 650

Intake

NYM

PPD Administration

NYM

New PPD planted yesterday 03-03-2020

PPD Reading

NYM

Chronic Care Visit

NYM

from prior incarceration

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature Clinical Encounter Clinical Encounter

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN

N Canceled

Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Okafor, Chidubem DO N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Brenneman, Wiilliam RN N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Count: 12
Page 262 of 319
MCC 2239

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 264 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/01/2020 22:45 N 03/12/2020 18:12 N 03/19/2020 13:58 N

Inmate No. 652

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Thomas, Terrance HSA N Completed Beaudouin, Robert MD
Count: 3

03/24/2020 13:41 N 04/09/2020 22:10 N

Temperature Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD

04/13/2020 21:43 N 04/29/2020 13:26 N

Inmate No. 653

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C

04/29/2020 13:47 N

Clinical Encounter

NYM

N Completed Cozza, C. LICSW

05/05/2020 13:32 N

Clinical Encounter

NYM

N Completed Cozza, C. LICSW

Count: 6

03/05/2020 11:07 N 03/05/2020 13:49 N 03/24/2020 13:40 N

Inmate No. 654

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

05/04/2020 12:46 N

Clinical Encounter

NYM

05/04/2020 14:41 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
Page 263 of 319
MCC 2240

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 265 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/05/2020 08:04 N

05/07/2020 08:00 N

05/07/2020 12:45 N

05/11/2020 08:00 N

Inmate Name
Inmate No. 654

Activity Clinical Encounter Temperature Clinical Encounter Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Refused

Facility: N/A
Provider Kang, Yoon PA-C Brenneman, Wiilliam RN Beaudouin, Robert MD Brenneman, Wiilliam RN
Count: 9

03/23/2020 14:04 N 04/01/2020 00:00 N 04/01/2020 16:19 N

Inmate No. 655

Clinical Encounter

NYM

Chronic Care Visit

NYM

6 MONTH MLP FOLLOW-UP.

Clinical Encounter

NYM

N Completed Chong, Chae Un PharmD
N Not Started Mid-Level Provider
N Completed Yonnone, M. EMTP/AHSA Count: 3

03/12/2020 04:37 N 04/29/2020 08:45 N

Inmate No. 64

Intake Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Count: 2

03/09/2020 11:45 N 03/10/2020 23:32 N
05/13/2020 00:00 N

Inmate No. 656

Clinical Encounter

NYM

Clinical Encounter

NYM

MILD ELEVATION OF AMYLASE.

PPD Administration

NYM

N Completed Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

N Not Started Nurse Count: 3

03/19/2020 22:48 N

Inmate No. 657

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Intake

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
Page 264 of 319
MCC 2241

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 266 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/21/2020 07:39 N

Inmate Name
Inmate No. 657

Activity PPD Reading

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP
Count: 2

04/07/2020 13:03 N

Clinical Encounter

NYM

04/08/2020 13:25 N

Clinical Encounter

NYM

04/09/2020 07:00 N

Temperature

NYM

04/09/2020 14:41 N

Clinical Encounter

NYM

04/10/2020 09:47 N

Clinical Encounter

NYM

04/13/2020 10:21 N

Temperature

NYM

04/14/2020 07:00 N

Temperature

NYM

04/15/2020 07:00 N

Temperature

NYM

04/16/2020 07:00 N 04/17/2020 06:40 N

Inmate No. 659

Temperature Temperature

NYM NYM

04/20/2020 09:47 N

Temperature

NYM

04/21/2020 07:00 N

Temperature

NYM

04/22/2020 07:00 N

Temperature

NYM

04/23/2020 08:30 N

Temperature

NYM

04/24/2020 07:00 N

Clinical Encounter

NYM

04/30/2020 09:30 N

Temperature

NYM

05/06/2020 10:22 N

Clinical Encounter

NYM

05/07/2020 08:00 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Y Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Brenneman, Wiilliam RN
Page 265 of 319
MCC 2242

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 267 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/11/2020 08:00 N

Inmate Name
Inmate No. 659

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN
Count: 19

03/12/2020 04:56 N 03/13/2020 07:15 N 04/05/2020 14:25 N 05/12/2020 11:05 N

Inmate No. 65

Intake Blood Glucose Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Columbo, Joseph RN N Completed Sommer, Diane MD,
NER-MAST Physician Count: 4

03/01/2020 10:26 N 03/11/2020 09:16 N
03/25/2020 00:00 N 04/09/2020 11:27 N 04/21/2020 15:15 N 04/23/2020 11:36 N 05/13/2020 15:13 N

Inmate No. 660

PPD Reading History/Physical
lock down Assessment Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM
NYM NYM NYM NYM NYM

N Completed Columbo, Joseph RN N Unavailable Sommer, Diane MD,
NER-MAST Physician
N Not Started Physician 02 N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 7

03/05/2020 11:25 N

Inmate No. 661

Clinical Encounter

NYM

Y Completed Beaudouin, Robert MD Count: 1

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 266 of 319
MCC 2243

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 268 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/10/2020 17:03 N

Inmate Name

Activity Clinical Encounter

04/13/2020 13:45 N 04/21/2020 23:13 N

Inmate No. 66

Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM NYM

N Completed N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Beaudouin, Robert MD Lopes, Hygor NRP
Count: 3

03/10/2020 16:38 N 03/26/2020 09:46 N 03/26/2020 22:50 N

Inmate No. 887

Clinical Encounter Clinical Encounter Exit Summary

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Singh, Mandeep PA-C
Count: 3

03/26/2020 22:48 N

Inmate No. 886

Exit Summary

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/26/2020 22:44 N

Inmate No. 885

Exit Summary

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/26/2020 22:55 N

Inmate No. 884

Exit Summary

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/26/2020 22:42 N

Inmate No. 883

Exit Summary

NYM

N Completed Singh, Mandeep PA-C Count: 1

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 267 of 319
MCC 2244

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 269 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

03/26/2020 22:51 N

Inmate No. 882

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Singh, Mandeep PA-C
Count: 1

03/26/2020 22:46 N

Inmate No. 881

Exit Summary

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/26/2020 22:53 N

Inmate No. 880

Exit Summary

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/26/2020 22:54 N

Inmate No. 879

Exit Summary

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/13/2020 10:19 N 03/26/2020 22:56 N

Inmate No. 878

Exit Summary Exit Summary

NYM NYM

N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C
Count: 2

03/12/2020 03:31 N 03/13/2020 10:29 N 04/01/2020 19:06 N

Inmate No. 658

Intake PPD Reading Clinical Encounter

NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C
Count: 3

03/03/2020 12:51 N 03/30/2020 10:15 N

Inmate No. 67

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
Page 268 of 319
MCC 2245

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 270 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/24/2020 15:30 N

Inmate Name
Inmate No. 67

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD
Count: 3

03/05/2020 00:00 N 03/05/2020 23:37 N 03/13/2020 13:24 N 03/30/2020 00:00 N 03/30/2020 14:03 N
04/24/2020 14:39 N 05/01/2020 15:44 N 05/06/2020 00:00 N

Inmate No. 662

Clinical Encounter Intake Clinical Encounter History/Physical Clinical Encounter
Clinical Encounter Clinical Encounter Assessment
clinic placement

NYM NYM NYM NYM NYM
NYM NYM NYM

N Not Started Optometrist N Completed Singh, Mandeep PA-C Y Completed Joaquin, Y. MLP N Not Started Mid-Level Provider N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Not Started Physician 01
Count: 8

03/25/2020 13:36 N 04/30/2020 09:30 N 05/07/2020 08:00 N 05/11/2020 08:00 N

Inmate No. 68

Clinical Encounter Temperature Temperature Temperature

NYM NYM NYM NYM

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN
Count: 4

03/12/2020 18:26 N

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Count: 1
Page 269 of 319
MCC 2246

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 271 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/19/2020 15:33 N 03/24/2020 23:37 N 03/25/2020 00:23 N
04/21/2020 23:27 N 04/29/2020 00:00 N

Inmate No. 664

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Chronic Care Visit
DONE. Clinical Encounter

NYM NYM

N Canceled Beaudouin, Robert MD N Completed Beaudouin, Robert MD

Clinical Encounter

NYM

N Not Started

45 YR OLD MALE WITH HX OF HIV+, NO RED REFLEX IN RIGHT EYE. PLEASE EVAL AND FOLLOW-UP.

Optometrist Count: 5

04/06/2020 15:05 N

Inmate No. 666

Clinical Encounter

NYM

N Completed Columbo, Joseph RN Count: 1

03/07/2020 16:25 N

Inmate No. 69

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/06/2020 00:00 N
03/12/2020 17:30 N 04/01/2020 16:23 N

Inmate No. 667

Assessment ASTHMA.
Intake
Clinical Encounter

NYM
NYM NYM

N Not Started Physician 01
N Completed Singh, Mandeep PA-C N Completed Yonnone, M. EMT-
P/AHSA Count: 3

03/27/2020 14:19 N

Inmate No. 877

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
Page 270 of 319
MCC 2247

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 272 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/31/2020 08:09 N

Inmate Name

Activity Clinical Encounter

03/31/2020 14:57 N

Temperature

04/09/2020 13:43 N 04/20/2020 14:57 N

Inmate No. 877

Temperature Temperature

04/23/2020 13:44 N

Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Chong, Chae Un PharmD Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 6

03/06/2020 16:57 N 03/08/2020 10:18 N

Inmate No. 876

Intake PPD Reading

NYM NYM

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP
Count: 2

04/16/2020 13:31 N 04/16/2020 13:37 N
04/23/2020 12:29 N
04/27/2020 14:04 N 04/27/2020 14:18 N

Inmate No. 669

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Temperature

NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Count: 5

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 271 of 319
MCC 2248

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 273 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/06/2020 00:01 N

Inmate Name

Activity Intake

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/06/2020 15:11 N

PPD Administration

NYM

N Completed

03/08/2020 10:18 N

PPD Reading

NYM

N Completed

03/08/2020 12:01 N

Clinical Encounter

NYM

N Completed

03/11/2020 11:57 N

Clinical Encounter

NYM

N Completed

03/14/2020 20:59 N 03/23/2020 00:00 N 03/23/2020 06:55 N

Assessment

NYM

N Canceled

DONE History/Physical

NYM

N Not Started

talk to the inmate about increasing cholesterol meds

Clinical Encounter - Clinical NYM Encounter

N Completed

03/23/2020 07:00 N

Inmate No. 71

MLP Chronic Care Follow up NYM

N Canceled

03/23/2020 07:00 N

6 MONTH MLP F/U.

Clinical Encounter

NYM

N Canceled

03/27/2020 13:37 N 03/31/2020 23:41 N 04/14/2020 12:13 N

no reason for exam stated

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

N Completed N Completed N Completed

04/19/2020 18:59 N 04/30/2020 15:28 N 05/04/2020 11:40 N

Clinical Encounter Blood Glucose Clinical Encounter

NYM NYM NYM

N Completed N No Show N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Beaudouin, Robert MD
Mid-Level Provider
Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Sommer, Diane MD, NER-MAST Physician
Kang, Yoon PA-C Beaudouin, Robert MD Sommer, Diane MD, NER-MAST Physician Beaudouin, Robert MD Joaquin, Y. MLP Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 272 of 319
MCC 2249

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 274 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 16

03/12/2020 05:42 N

Inmate No. 670

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/12/2020 18:13 N 03/13/2020 09:00 N

Inmate No. 671

Clinical Encounter Sick Call/Triage

NYM NYM

N Completed Singh, Mandeep PA-C N Not Started MLP 01
Count: 2

03/03/2020 22:10 N 03/04/2020 14:07 N 03/05/2020 09:40 N 03/05/2020 09:43 N 03/07/2020 17:09 N 03/07/2020 23:24 N
03/20/2020 15:22 N 03/20/2020 15:31 N
03/28/2020 08:30 N 03/30/2020 16:25 N

Inmate No. 875

Intake Clinical Encounter PPD Reading Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

03/30/2020 16:32 N

Assessment

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Yonnone, M. EMT-
P/AHSA N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD

N Completed Columbo, Joseph RN

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician
Page 273 of 319
MCC 2250

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 275 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

04/02/2020 08:53 N 04/02/2020 10:48 N

Inmate No. 875

Activity cancel
Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM

N Completed N Completed

Facility: N/A
Provider Kang, Yoon PA-C Kang, Yoon PA-C
Count: 13

03/12/2020 04:21 N
03/27/2020 15:01 N 04/03/2020 10:54 N 04/27/2020 15:35 N 04/27/2020 15:49 N 05/03/2020 23:07 N
05/04/2020 20:55 N 05/06/2020 14:06 N 05/06/2020 14:12 N
05/13/2020 19:17 N 05/13/2020 20:20 N 05/14/2020 19:15 N

Inmate No. 72

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Follow-up

NYM

N Canceled

Beaudouin, Robert MD

recheck BP

drug interaction - statin and diltiazem

see if their is an alternate to calcium channel blocker

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD N Completed Lopes, Hygor NRP

Clinical Encounter

NYM

N Completed Lopes, Hygor NRP

Clinical Encounter

NYM

N Completed Brenneman, Wiilliam RN

Count: 12

Inmate No. 672
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Temperature

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD,
Page 274 of 319
MCC 2251

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 276 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

04/09/2020 13:41 N 04/23/2020 13:42 N 05/14/2020 07:19 N

Inmate No. 672

Temperature Temperature Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM NYM

N Completed N Completed N Completed

Facility: N/A
Provider NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician Kang, Yoon PA-C
Count: 4

04/01/2020 22:18 N 04/02/2020 12:46 N

Inmate No. 673

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD
Count: 2

03/17/2020 03:05 N 03/21/2020 12:28 N

Inmate No. 674

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Columbo, Joseph RN N Completed Columbo, Joseph RN

Count: 2

03/26/2020 08:13 N

Inmate No. 874

Exit Summary

NYM

N Completed Beaudouin, Robert MD Count: 1

04/09/2020 16:17 N 04/15/2020 00:00 N

Inmate No. 675

Clinical Encounter Chronic Care Visit

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

meds expire 5/10
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Not Started Physician 01
Page 275 of 319
MCC 2252

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 277 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

04/01/2020 10:09 N 04/06/2020 12:58 N 04/07/2020 10:00 N 04/09/2020 07:00 N 04/10/2020 09:51 N 04/13/2020 10:22 N 04/14/2020 07:00 N 04/15/2020 07:00 N 04/29/2020 08:45 N 05/13/2020 00:00 N

Inmate No. 74

Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature Temperature Temperature Temperature Chronic Care Visit

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Refused

Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Refused

Joaquin, Y. MLP

N Refused

Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Not Started Physician 02

Count: 10

05/04/2020 13:38 N

Intake

NYM

N Completed Brenneman, Wiilliam RN

05/04/2020 15:15 N 05/05/2020 07:30 N

Inmate No. 873

Food Service Clearance NYM

from previous I ncarceration

Temperature

NYM

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Brenneman, Wiilliam RN

05/06/2020 07:30 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/07/2020 00:00 N

History/Physical

NYM

N Not Started Mid-Level Provider

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 276 of 319
MCC 2253

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 278 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/07/2020 07:30 N

Inmate Name

Activity due 5/24
Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN

05/07/2020 09:40 N

PPD Reading

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 07:30 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/11/2020 07:30 N 05/12/2020 10:23 N

Inmate No. 873

Temperature Temperature

NYM NYM

N Completed Brenneman, Wiilliam RN N Completed Kang, Yoon PA-C

05/13/2020 09:41 N

Temperature

NYM

N Completed Kang, Yoon PA-C

05/14/2020 11:33 N

Temperature

NYM

N Completed Kang, Yoon PA-C

05/14/2020 15:40 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Count: 13

04/10/2020 12:43 N 04/13/2020 12:00 N 04/20/2020 12:58 N 05/06/2020 14:00 N

Inmate No. 677

linical Encounter emperature linical Encounter emperature

NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C
Count: 4

04/09/2020 13:22 N

Inmate No. 678

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 277 of 319
MCC 2254

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 279 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/23/2020 13:22 N

Inmate Name
Inmate No. 678

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 2

03/02/2020 10:17 N 03/02/2020 10:18 N 03/12/2020 23:36 N 03/27/2020 10:21 N

Inmate No. 75

PPD Reading Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Sommer, Diane MD,
NER-MAST Physician Count: 4

03/01/2020 19:47 N
03/07/2020 12:09 N 03/26/2020 00:14 N

Inmate No. 76

Chronic Care Visit

NYM

annual is due 9/18/2020

N Canceled Beaudouin, Robert MD

interim clinic

needs to be enrolled in general clinic and endo clinic

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Count: 3

04/21/2020 00:00 N 04/22/2020 19:49 N

Inmate No. 872

Chronic Care Visit

NYM

N Not Started

annual is due 5/23/2020

PPD Administration

NYM

N Unavailable

12/06/2019 Unable to plant yearly PPD. Inmate is a nursing home.

Physician 02 Lopes, Hygor NRP

need to call nursing home

Count: 2

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 278 of 319
MCC 2255

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 280 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/09/2020 15:14 N 03/12/2020 22:06 N

Inmate No. 679

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Thomas, Terrance HSA
Count: 2

03/10/2020 15:08 N

Inmate No. 680

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/22/2020 12:02 N 03/24/2020 08:37 N

Inmate No. 681

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

03/05/2020 16:24 N 03/24/2020 08:12 N

Inmate No. 871

Clinical Encounter Exit Summary

NYM NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 2

03/12/2020 19:40 N 04/03/2020 20:58 N 04/29/2020 08:45 N

Inmate No. 682

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

N Completed Thomas, Terrance HSA N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP
Count: 3

03/01/2020 22:46 N 03/05/2020 23:26 N

Inmate No. 870

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Singh, Mandeep PA-C
Page 279 of 319
MCC 2256

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 281 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/12/2020 07:00 N

Inmate Name
Inmate No. 870

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Yonnone, M. EMTP/AHSA
Count: 3

04/02/2020 18:18 N

Inmate No. 77

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

04/06/2020 15:02 N 05/05/2020 00:00 N

Inmate No. 684

Clinical Encounter - Clinical NYM Encounter

Chronic Care Visit

NYM

N Completed Okafor, Chidubem DO N Not Started Physician 02
Count: 2

03/01/2020 22:56 N

Inmate No. 869

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

03/12/2020 05:51 N 03/27/2020 14:02 N 04/09/2020 00:00 N
04/24/2020 00:00 N 05/01/2020 11:19 N

Inmate No. 685

Intake
Clinical Encounter Assessment
psoriasis PPD Administration Clinical Encounter

NYM NYM NYM
NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C N Not Started Physician 01
N Not Started Nurse N Completed Kang, Yoon PA-C
Count: 5

03/25/2020 13:49 N

Inmate No. 689

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 280 of 319
MCC 2257

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 282 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/20/2020 12:06 N

Inmate Name
Inmate No. 689

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 2

03/06/2020 22:18 N 03/08/2020 10:19 N 03/11/2020 12:42 N
03/24/2020 09:27 N

Inmate No. 868

Intake
PPD Reading Follow-up
weight loss overdue Exit Summary

NYM NYM NYM
NYM

N Completed Yonnone, M. EMTP/AHSA

N Completed Joaquin, Y. MLP

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Kang, Yoon PA-C Count: 4

03/03/2020 21:40 N 03/04/2020 06:12 N
03/05/2020 09:39 N 03/10/2020 23:05 N 04/16/2020 14:34 N

Inmate No. 690

Intake

NYM

PPD Reading

NYM

New PPD planted yesterday 03/03/2020

PPD Reading

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

N Completed Columbo, Joseph RN N Canceled Joaquin, Y. MLP
N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD N Completed Okafor, Chidubem DO
Count: 5

03/09/2020 16:18 N 03/28/2020 15:51 N

Inmate No. 688

Clinical Encounter Clinical Encounter

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C
Y Completed Columbo, Joseph RN
Count: 2
Page 281 of 319
MCC 2258

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 283 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/12/2020 04:22 N

Inmate No. 686

Intake

NYM

N Completed Joaquin, Y. MLP Count: 1

04/16/2020 10:50 N

Inmate No. 692

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD Count: 1

04/14/2020 00:00 N

Inmate No. 687

Chronic Care Visit due 5/15

NYM

N Not Started Physician 01 Count: 1

03/02/2020 08:01 N

Inmate No. 867

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/13/2020 00:20 N 03/13/2020 09:00 N
04/04/2020 00:00 N 04/08/2020 14:49 N

Inmate No. 691

Clinical Encounter

NYM

Sick Call/Triage

NYM

LBP EVALUATION.

PPD Administration

NYM

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C N Not Started Physician 01
N Not Started Nurse N Completed Okafor, Chidubem DO
Count: 4

03/01/2020 22:48 N 03/04/2020 00:00 N

Inmate No. 78

Clinical Encounter History/Physical

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

due 3/17
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Not Started MLP 01
Page 282 of 319
MCC 2259

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 284 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/12/2020 04:42 N

Inmate Name

Activity Intake

03/24/2020 13:42 N

Temperature

03/27/2020 00:00 N 03/27/2020 10:31 N

Inmate No. 78

14 Day Dr Eval
due 4/9 Clinical Encounter

03/27/2020 10:47 N

EKG

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Not Started

Provider Yonnone, M. EMTP/AHSA
Sommer, Diane MD, NER-MAST Physician
Physician 01

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 7

05/13/2020 20:31 N 05/15/2020 00:00 N

Inmate No. 866

Intake PPD Reading

NYM NYM

N Completed Lopes, Hygor NRP N Not Started Nurse
Count: 2

03/12/2020 04:50 N 03/24/2020 13:43 N

Inmate No. 693

Intake Temperature

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

03/01/2020 22:49 N 03/12/2020 04:15 N
03/24/2020 13:44 N

Inmate No. 694

Clinical Encounter Intake
Temperature

NYM NYM
NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
Page 283 of 319
MCC 2260

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 285 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 3

04/13/2020 10:19 N 04/14/2020 11:47 N 05/05/2020 10:10 N 05/05/2020 11:08 N
05/08/2020 09:11 N

Inmate No. 695

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

D/C
Clinical Encounter - Clinical NYM Encounter

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
Count: 5

03/17/2020 11:17 N 03/24/2020 08:15 N 03/31/2020 16:45 N 04/10/2020 16:30 N 04/14/2020 10:44 N 04/16/2020 07:40 N 04/17/2020 00:00 N 04/19/2020 16:54 N 04/20/2020 08:00 N 04/21/2020 07:30 N 04/22/2020 07:00 N

Inmate No. 79

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter PPD Administration Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Beaudouin, Robert MD N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Not Started Nurse N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 284 of 319
MCC 2261

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 286 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/23/2020 11:25 N

04/24/2020 13:45 N

05/02/2020 14:16 N

05/03/2020 09:36 N

05/05/2020 10:52 N

Inmate Name

Activity Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

05/05/2020 11:57 N 05/05/2020 12:38 N 05/05/2020 21:55 N
05/06/2020 10:43 N 05/08/2020 15:25 N 05/12/2020 20:07 N 05/13/2020 21:37 N

Inmate No. 79

Clinical Encounter
Clinical Encounter
Chronic Care Visit DUE 6/2/20. DONE.
Clinical Encounter
Clinical Encounter
Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

Y Completed

NYM

N Completed

NYM

N Completed

NYM NYM NYM

N Completed N Completed N Canceled

NYM NYM NYM NYM

N Completed N Completed N Completed N Completed

Facility: N/A
Provider Joaquin, Y. MLP Kang, Yoon PA-C Lopes, Hygor NRP Lopes, Hygor NRP Yonnone, M. EMTP/AHSA Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD
Beaudouin, Robert MD Beaudouin, Robert MD Lopes, Hygor NRP Lopes, Hygor NRP
Count: 23

03/04/2020 00:00 N

Clinical Encounter

NYM

N Not Started Optometrist

04/09/2020 12:34 N 04/20/2020 13:57 N

Inmate No. 697

HX OF LEFT EYE TRAUMA IN 2012 WITH LEFT PROSTHETIC EYE SINCE.

Temperature

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

Temperature

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

04/23/2020 12:34 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
Page 285 of 319
MCC 2262

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 287 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 4

03/11/2020 09:11 N 04/09/2020 12:35 N 04/20/2020 13:58 N 04/23/2020 12:35 N

Inmate No. 698

Clinical Encounter Temperature Temperature Temperature

NYM NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 4

04/06/2020 14:57 N

Inmate No. 699

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO Count: 1

03/12/2020 04:17 N 03/25/2020 11:17 N

Inmate No. 701

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
Count: 2

04/22/2020 10:36 N 04/30/2020 09:30 N 05/07/2020 08:00 N

Inmate No. 702

Clinical Encounter Temperature Temperature

NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN
Count: 3

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 286 of 319
MCC 2263

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 288 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/02/2020 19:43 N

03/11/2020 08:37 N

04/29/2020 08:45 N 05/08/2020 08:30 N

Inmate Name
Inmate No. 703

Activity Clinical Encounter Clinical Encounter
Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM NYM

N Completed N Completed

Facility: N/A
Provider Singh, Mandeep PA-C Sommer, Diane MD, NER-MAST Physician Joaquin, Y. MLP Brenneman, Wiilliam RN
Count: 4

04/24/2020 07:00 N 04/24/2020 13:32 N 04/28/2020 08:45 N 05/07/2020 08:00 N

Inmate No. 704

Clinical Encounter Temperature Temperature Temperature

NYM NYM NYM NYM

N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN
Count: 4

03/12/2020 23:46 N

Inmate No. 705

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

04/09/2020 12:52 N 05/09/2020 00:00 N

Inmate No. 706

Clinical Encounter PPD Administration

NYM NYM

N Completed Kang, Yoon PA-C N Not Started Nurse
Count: 2

03/20/2020 10:43 04/27/2020 17:04

Inmate No. 865

Clinical Encounter Exit Summary

NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Y Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C
Count: 2
Page 287 of 319
MCC 2264

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 289 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/02/2020 08:02 N

Inmate No. 864

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/11/2020 12:22 N

Clinical Encounter

NYM

03/11/2020 15:13 N

Clinical Encounter

NYM

03/16/2020 13:56 N

Clinical Encounter

NYM

03/16/2020 15:52 N 03/31/2020 11:24 N 03/31/2020 12:15 N 03/31/2020 13:24 N
04/01/2020 11:49 N 04/01/2020 12:09 N 04/02/2020 11:19 N 04/03/2020 10:00 N 04/03/2020 19:50 N 04/06/2020 10:30 N 04/07/2020 09:00 N 04/07/2020 16:40 N

Inmate No. 863

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter
Temperature Clinical Encounter Clinical Encounter Clinical Encounter Temperature Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM NYM
NYM NYM NYM NYM NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD
N Completed Thomas, Terrance HSA
N Completed Thomas, Terrance HSA
N Completed Chong, Chae Un PharmD
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Beaudouin, Robert MD
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP
N Completed Columbo, Joseph RN
Page 288 of 319
MCC 2265

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 290 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/08/2020 11:20 N

Inmate Name

04/08/2020 23:47 N

04/09/2020 09:00 N

04/09/2020 15:15 N

04/11/2020 12:47 N

04/12/2020 12:53 N

04/13/2020 09:30 N

04/14/2020 09:00 N

04/14/2020 10:30 N

04/14/2020 16:07 N 04/15/2020 09:00 N

Inmate No. 863

04/15/2020 09:53 N

04/15/2020 16:26 N

04/16/2020 09:00 N

04/16/2020 16:10 N

04/17/2020 08:45 N

04/18/2020 11:25 N

Activity Clinical Encounter Temperature Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature Clinical Encounter Temperature Temperature Clinical Encounter Temperature Temperature Clinical Encounter Temperature Temperature

04/20/2020 11:01 N 04/27/2020 09:00 N 04/28/2020 09:00 N

Clinical Encounter Temperature Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM NYM NYM

N Completed N Completed N Completed

Facility: N/A
Provider Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Beaudouin, Robert MD Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Beaudouin, Robert MD Columbo, Joseph RN Joaquin, Y. MLP Beaudouin, Robert MD Columbo, Joseph RN Joaquin, Y. MLP Beaudouin, Robert MD Joaquin, Y. MLP Yonnone, M. EMTP/AHSA Beaudouin, Robert MD Joaquin, Y. MLP Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 289 of 319
MCC 2266

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 291 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 35

03/11/2020 10:54 N

Inmate No. 81

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 1

03/12/2020 08:01 N
03/22/2020 18:42 N 03/22/2020 22:25 N 03/23/2020 11:41 N 03/24/2020 13:52 N 03/25/2020 11:24 N 03/26/2020 14:48 N 03/26/2020 22:16 N 03/27/2020 11:30 N 03/31/2020 13:57 N

Inmate No. 709

Intake
Temperature Clinical Encounter Clinical Encounter Temperature Temperature Temperature Temperature Temperature Temperature

NYM
NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Singh, Mandeep PA-C N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Count: 10

03/01/2020 10:26 N

PPD Reading

NYM

03/27/2020 10:50 N 03/31/2020 11:19 N

Inmate No. 82

Clinical Encounter Clinical Encounter

NYM NYM

03/31/2020 13:37 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Joaquin, Y. MLP
N Completed Sommer, Diane MD,
Page 290 of 319
MCC 2267

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 292 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

04/06/2020 22:46 N 05/06/2020 10:56 N 05/06/2020 22:05 N 05/06/2020 22:51 N
05/06/2020 22:51 N
05/06/2020 22:51 N
05/08/2020 15:11 N 05/11/2020 10:35 N

Inmate No. 82

Clinical Encounter
History/Physical
Clinical Encounter
Assessment clinic placement
History/Physical overdue
Sick Call/Triage s/p fall
Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM NYM NYM
NYM
NYM
NYM NYM

N Completed N Completed N Completed N Canceled
N Canceled
N Canceled
N Completed N Completed

Facility: N/A
Provider NER-MAST Physician Singh, Mandeep PA-C Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD Beaudouin, Robert MD
Count: 12

03/31/2020 07:49 N 05/05/2020 00:00 N

Inmate No. 710

Temperature Chronic Care Visit

NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 02
Count: 2

04/02/2020 23:31 N

Intake

NYM

N Completed Singh, Mandeep PA-C

04/14/2020 10:31 N 04/17/2020 12:19 N

Inmate No. 711

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 291 of 319
MCC 2268

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 293 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/17/2020 13:24 N

Inmate Name

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD

04/20/2020 09:35 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/25/2020 11:12 N 04/26/2020 19:53 N 05/05/2020 14:58 N

Inmate No. 711

PPD Reading

NYM

expired, need to do replant

Chronic Care Visit

NYM

D/C Clinical Encounter

NYM

N Canceled Singh, Mandeep PA-C N Canceled Beaudouin, Robert MD N Completed Beaudouin, Robert MD

05/05/2020 15:03 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

Count: 9

03/12/2020 03:32 N 03/14/2020 16:57 N 03/27/2020 10:57 N 03/27/2020 11:00 N

Inmate No. 83

Intake Clinical Encounter Clinical Encounter Follow-up
asthma

NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA

N Completed Singh, Mandeep PA-C

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 4

05/07/2020 13:26 N

Inmate No. 712

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Count: 1
Page 292 of 319
MCC 2269

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 294 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/22/2020 11:55 N 03/24/2020 08:37 N

Inmate No. 713

Intake PPD Reading

NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP
Count: 2

03/05/2020 16:19 N

Inmate No. 862

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

03/12/2020 19:19 N

Inmate No. 861

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

03/02/2020 21:03 N 03/03/2020 14:30 N

Inmate No. 860

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP
Count: 2

03/24/2020 13:28 N 03/24/2020 14:24 N
03/27/2020 09:55 N

Inmate No. 85

Clinical Encounter

NYM

Clinical Encounter

NYM

BP CHECK.

bp in Jan was improved

Clinical Encounter

NYM

N Completed Sommer, Diane MD, NER-MAST Physician

N Canceled

Sommer, Diane MD, NER-MAST Physician

N Completed Sommer, Diane MD, NER-MAST Physician
Count: 3

04/27/2020 18:50 N

Inmate No. 714

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician

20 Civ. 3315

Intake

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C
Page 293 of 319
MCC 2270

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 295 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/29/2020 09:00 N

04/29/2020 09:37 N

04/30/2020 09:00 N

05/05/2020 07:30 N

05/06/2020 07:30 N

05/07/2020 07:30 N

05/08/2020 07:30 N

05/11/2020 07:30 N

05/11/2020 16:23 N

Inmate Name
Inmate No. 714

Activity Temperature PPD Reading Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Beaudouin, Robert MD
Count: 10

03/06/2020 00:32 N 03/08/2020 10:19 N 05/04/2020 00:00 N
05/04/2020 07:12 N

Inmate No. 715

Intake PPD Reading History/Physical
overdue Clinical Encounter

NYM NYM NYM
NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP N Not Started Mid-Level Provider
N Completed Sommer, Diane MD, NER-MAST Physician Count: 4

03/06/2020 17:20 N

Clinical Encounter

NYM

03/06/2020 17:20 N

Inmate No. 859

Clinical Encounter

NYM

03/06/2020 22:42 N

Chronic Care Visit

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

DONE
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD

N Completed Beaudouin, Robert MD

N Canceled

Beaudouin, Robert MD

Page 294 of 319
MCC 2271

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 296 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/12/2020 15:11 N

Inmate Name

Activity Chronic Care Visit

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

03/17/2020 13:36 N

Chronic Care Visit

NYM

N Completed

04/09/2020 16:24 N

Clinical Encounter

NYM

N Completed

04/15/2020 00:00 N 04/16/2020 14:29 N

Clinical Encounter

NYM

HIV+ MALE FOR SCREENING

Clinical Encounter

NYM

N Not Started N Completed

04/22/2020 19:54 N

PPD Administration

NYM

N Completed

04/23/2020 09:05 N

Clinical Encounter

NYM

N Completed

04/25/2020 11:11 N 05/07/2020 14:00 N

Inmate No. 859

PPD Reading Clinical Encounter

NYM NYM

N Completed N Completed

05/07/2020 14:19 N

Clinical Encounter

NYM

N Completed

05/07/2020 14:41 N 05/07/2020 20:54 N 05/11/2020 13:55 N 05/14/2020 14:51 N

Clinical Encounter

NYM

Chronic Care Visit

NYM

D/C Chronic Care Visit

NYM

pt just seen on 5/7/2020

Clinical Encounter

NYM

N Completed N Canceled N Canceled N Completed

Facility: N/A
Provider Okafor, Chidubem DO Okafor, Chidubem DO Beaudouin, Robert MD Optometrist
Okafor, Chidubem DO Lopes, Hygor NRP Beaudouin, Robert MD Singh, Mandeep PA-C Beaudouin, Robert MD Chong, Chae Un PharmD Okafor, Chidubem DO Beaudouin, Robert MD
Okafor, Chidubem DO
Okafor, Chidubem DO Count: 17

03/05/2020 14:12 N 04/03/2020 15:17 N 04/17/2020 12:50 N

Inmate No. 716

Clinical Encounter Clinical Encounter Chronic Care Visit

NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP N Completed Okafor, Chidubem DO N Completed Okafor, Chidubem DO
Page 295 of 319
MCC 2272

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 297 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/04/2020 09:18 N

Inmate Name

Activity Chronic Care Visit

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Canceled

05/07/2020 21:11 N

Inmate No. 716

pt on no psych meds,

Clinical Encounter

NYM

N Completed

05/08/2020 08:30 N

Temperature

NYM

N Refused

Facility: N/A
Provider Okafor, Chidubem DO Singh, Mandeep PA-C Brenneman, Wiilliam RN
Count: 6

03/25/2020 20:36 N 03/27/2020 09:04 N 04/17/2020 14:34 N

Inmate No. 718

Intake PPD Reading Clinical Encounter

NYM NYM NYM

N Completed Thomas, Terrance HSA N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C
Count: 3

03/23/2020 13:02 N 03/30/2020 20:41 N 04/24/2020 14:05 N

Inmate No. 721

Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Chong, Chae Un PharmD
N Completed Singh, Mandeep PA-C
N Completed Chong, Chae Un PharmD Count: 3

03/12/2020 18:04 N 03/15/2020 23:36 N

Inmate No. 720

Clinical Encounter Clinical Encounter

NYM NYM

N Completed Thomas, Terrance HSA N Completed Columbo, Joseph RN

Count: 2

03/03/2020 16:56 N

Inmate No. 719

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
Page 296 of 319
MCC 2273

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 298 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/16/2020 15:00 N

03/24/2020 10:31 N

04/03/2020 16:23 N

04/14/2020 09:47 N

Inmate Name
Inmate No. 719

Activity Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C
Count: 5

03/12/2020 04:48 N
03/15/2020 21:41 N 04/01/2020 19:10 N 04/10/2020 16:15 N

Inmate No. 858

Intake
Clinical Encounter Clinical Encounter Clinical Encounter

NYM
NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Columbo, Joseph RN N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 4

03/12/2020 22:19 N

Inmate No. 857

Clinical Encounter

NYM

N Completed Thomas, Terrance HSA Count: 1

05/07/2020 09:36 N

05/13/2020 13:10 N 05/13/2020 13:12 N

Inmate No. 722

Clinical Encounter

NYM

N

42 YR OLD MALE REFERRED FOR ROUTINE EVAL.

vision screen 20/20 - exam not needed

Clinical Encounter

NYM

N

Clinical Encounter

NYM

N

Canceled
Completed Completed

Sommer, Diane MD, NER-MAST Physician
Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 297 of 319
MCC 2274

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 299 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/13/2020 13:13 N

Inmate Name

Activity Chronic Care Visit

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Canceled

05/13/2020 13:13 N

Inmate No. 722

6 MONTH FOLLOW-UP.

Chronic Care Visit

NYM

N Canceled

not on long term meds

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician Sommer, Diane MD, NER-MAST Physician
Count: 5

03/12/2020 04:39 N

Inmate No. 723

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/15/2020 09:59 N 04/02/2020 17:23 N
04/03/2020 11:56 N 04/03/2020 17:22 N
04/14/2020 14:14 N

Inmate No. 724

Clinical Encounter Temperature
Clinical Encounter Temperature
Clinical Encounter

NYM NYM
NYM NYM
NYM

N Completed Columbo, Joseph RN
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
Count: 5

03/29/2020 19:25 N 04/17/2020 10:40 N 04/17/2020 14:19 N 04/20/2020 15:16 N

Inmate No. 856

Clinical Encounter Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C N Completed Sommer, Diane MD,
NER-MAST Physician
Page 298 of 319
MCC 2275

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 300 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/21/2020 15:22 N

04/22/2020 11:01 N

04/23/2020 13:13 N

Inmate Name

Activity Clinical Encounter Clinical Encounter Temperature

05/01/2020 00:00 N
05/13/2020 10:25 N 05/13/2020 10:36 N

Inmate No. 856

Chronic Care Visit due 6/2
Clinical Encounter
Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Facility: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Not Started

Provider Kang, Yoon PA-C
Kang, Yoon PA-C
Sommer, Diane MD, NER-MAST Physician
Physician 01

NYM NYM

N Completed Kang, Yoon PA-C N Completed Kang, Yoon PA-C
Count: 10

03/05/2020 11:58 N 03/12/2020 21:22 N 03/22/2020 00:00 N 05/11/2020 12:49 N

Inmate No. 725

Clinical Encounter Clinical Encounter PPD Administration Clinical Encounter

NYM NYM NYM NYM

N Completed Kang, Yoon PA-C N Completed Thomas, Terrance HSA N Not Started Nurse N Completed Kang, Yoon PA-C
Count: 4

04/01/2020 16:10 N

Inmate No. 726

Clinical Encounter

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/07/2020 12:49 N

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C

03/10/2020 10:16 N

Inmate No. 855

Clinical Encounter

NYM

03/11/2020 14:32 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
N Completed DiMisa, Samantha Ph.
Page 299 of 319
MCC 2276

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 301 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

03/31/2020 13:54 N 04/10/2020 14:35 N

Inmate No. 855

Clinical Encounter Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM

N Completed N Completed

Facility: N/A
Provider D. Schlessinger, K. PsyD/PhD Yonnone, M. EMTP/AHSA
Count: 5

03/12/2020 01:13 N 03/15/2020 10:49 N

Inmate No. 854

Intake PPD Reading

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Columbo, Joseph RN
Count: 2

03/02/2020 14:28 N 03/04/2020 15:34 N 03/16/2020 10:29 N

Inmate No. 728

Chronic Care Visit Chronic Care Visit Chronic Care Visit

NYM NYM NYM

N Completed Okafor, Chidubem DO N Completed Okafor, Chidubem DO N Completed Okafor, Chidubem DO
Count: 3

03/10/2020 15:32 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

03/10/2020 16:56 N 03/23/2020 12:12 N 03/24/2020 13:51 N

Inmate No. 733

Clinical Encounter Temperature Temperature

NYM NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Joaquin, Y. MLP
N Completed Joaquin, Y. MLP

03/24/2020 13:55 N

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Joaquin, Y. MLP
Page 300 of 319
MCC 2277

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 302 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/25/2020 11:26 N

Inmate Name

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP

03/26/2020 14:46 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/26/2020 22:15 N 03/27/2020 11:29 N

Inmate No. 733

Temperature Temperature

NYM NYM

N Completed Singh, Mandeep PA-C N Completed Joaquin, Y. MLP

03/31/2020 13:56 N

Temperature

NYM

N Completed Joaquin, Y. MLP

05/06/2020 14:00 N

Temperature

NYM

N Completed Kang, Yoon PA-C

Count: 11

04/08/2020 09:35 N 04/22/2020 00:00 N

Inmate No. 853

Clinical Encounter Chronic Care Visit
annual is due 5/22

NYM NYM

N Completed Okafor, Chidubem DO N Not Started Physician 01
Count: 2

03/16/2020 12:09 N 03/16/2020 13:44 N 03/20/2020 15:21 N 04/13/2020 21:32 N

Inmate No. 852

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Completed Beaudouin, Robert MD
Count: 4
Page 301 of 319
MCC 2278

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 303 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

04/17/2020 00:00 N
04/17/2020 12:09 N 04/20/2020 09:18 N 04/27/2020 09:00 N 04/28/2020 09:00 N 04/29/2020 09:00 N 04/30/2020 00:00 N
04/30/2020 09:00 N 05/07/2020 22:41 N

Inmate No. 732

History/Physical due by May 7
Intake PPD Reading Temperature Temperature Temperature Assessment
clinic placement Temperature Clinical Encounter

NYM
NYM NYM NYM NYM NYM NYM
NYM NYM

N Not Started Mid-Level Provider
N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Not Started Physician 01
N Completed Joaquin, Y. MLP N Completed Beaudouin, Robert MD
Count: 9

03/01/2020 22:50 N 03/25/2020 09:07 N

Inmate No. 851

Clinical Encounter Exit Summary

NYM NYM

N Completed Beaudouin, Robert MD N Completed Thomas, Terrance HSA

Count: 2

04/27/2020 18:43 N

Intake

NYM

04/28/2020 13:30 N 04/29/2020 08:45 N

Inmate No. 730

Temperature Temperature

NYM NYM

04/29/2020 08:45 N

Temperature

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Singh, Mandeep PA-C N Unavailable Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP
Page 302 of 319
MCC 2279

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 304 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/30/2020 10:39 N

05/08/2020 10:15 N

05/11/2020 16:15 N

Inmate Name
Inmate No. 730

Activity Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Refused

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Brenneman, Wiilliam RN Beaudouin, Robert MD
Count: 7

03/10/2020 13:26 N
03/10/2020 13:35 N 03/19/2020 22:34 N 03/23/2020 23:05 N 03/27/2020 10:00 N
04/01/2020 14:22 N
04/07/2020 22:14 N 04/15/2020 13:45 N 04/24/2020 13:37 N 04/28/2020 07:00 N 04/30/2020 09:30 N 05/07/2020 08:00 N 05/11/2020 08:00 N 05/11/2020 11:06 N

Inmate No. 729

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter - Clinical NYM Encounter

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Clinical Encounter

NYM

Temperature

NYM

Temperature

NYM

Temperature

NYM

Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Sommer, Diane MD,
NER-MAST Physician N Completed Kang, Yoon PA-C
N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Kang, Yoon PA-C N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN N Completed Kang, Yoon PA-C
Count: 14
Page 303 of 319
MCC 2280

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 305 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A Provider

03/12/2020 03:29 N 04/01/2020 19:09 N 05/12/2020 10:43 N

Inmate No. 727

Intake Clinical Encounter Clinical Encounter

NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C

Count: 3

03/06/2020 10:52 N 04/27/2020 13:43 N 05/07/2020 08:00 N

Inmate No. 731

Clinical Encounter Clinical Encounter Temperature

NYM NYM NYM

N Completed Okafor, Chidubem DO

N Completed Okafor, Chidubem DO

N Refused

Brenneman, Wiilliam RN

Count: 3

04/24/2020 00:00 N

Inmate No. 734

PPD Administration

NYM

N Not Started Nurse Count: 1

03/12/2020 05:44 N

Inmate No. 750

Intake

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/05/2020 16:31 N 03/18/2020 17:46 N 03/18/2020 17:51 N 03/19/2020 13:53 N

Inmate No. 850

Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM NYM NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Kang, Yoon PA-C
N Completed Beaudouin, Robert MD
N Completed Beaudouin, Robert MD
N Completed Chong, Chae Un PharmD
Page 304 of 319
MCC 2281

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 306 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/19/2020 17:01 N

Inmate Name
Inmate No. 850

Activity Exit Summary

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Thomas, Terrance HSA
Count: 5

03/05/2020 17:11 N

Inmate No. 849

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

03/01/2020 22:52 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

03/13/2020 00:28 N 03/13/2020 09:00 N 03/13/2020 14:37 N

Inmate No. 735

Clinical Encounter

NYM

Sick Call/Triage

NYM

hearing loss, tinnitus

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C N Not Started Physician 01 N Completed Beaudouin, Robert MD

Count: 4

03/07/2020 13:01 N

Inmate No. 848

Clinical Encounter

NYM

N Completed Kang, Yoon PA-C Count: 1

04/01/2020 00:00 N

Inmate No. 736

PPD Administration

NYM

N Not Started Nurse 01 Count: 1

03/12/2020 07:12 N 03/26/2020 15:13 N

Inmate No. 847

Intake Clinical Encounter

NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Beaudouin, Robert MD

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 305 of 319
MCC 2282

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 307 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider Count: 2

03/12/2020 04:54 N 03/24/2020 13:48 N 03/26/2020 09:13 N 03/31/2020 16:32 N 04/29/2020 15:15 N 04/29/2020 21:29 N 04/29/2020 21:29 N 04/29/2020 21:30 N

I;n;m;a;te;N;;o.;8;4;6; ,QPDWH1R

Intake

NYM

Temperature

NYM

Clinical Encounter - Clinical NYM Encounter

Temperature

NYM

Clinical Encounter
14 Day Dr Eval due 4/9
Follow-up follow up on BP
Chronic Care Visit D/C

NYM NYM NYM NYM

N Completed Yonnone, M. EMTP/AHSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Beaudouin, Robert MD N Canceled Beaudouin, Robert MD
N Canceled Beaudouin, Robert MD
N Canceled Beaudouin, Robert MD
Count: 8

03/09/2020 10:41 N

Clinical Encounter

NYM

N Completed Okafor, Chidubem DO

04/02/2020 17:14 N 04/14/2020 17:14 N

Inmate No. 845

Temperature Temperature

NYM NYM

04/15/2020 00:00 N

Chronic Care Visit

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

6 MONTH MLP F/U.
Bureau of Prisons - NYM
Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Mid-Level Provider
Page 306 of 319
MCC 2283

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 308 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/15/2020 17:15 N

Inmate Name
Inmate No. 845

Activity Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Sommer, Diane MD, NER-MAST Physician
Count: 5

03/02/2020 10:42 N 03/27/2020 10:08 N
03/31/2020 15:06 N
04/03/2020 10:52 N 05/01/2020 11:21 N 05/05/2020 09:14 N 05/06/2020 10:44 N

Inmate No. 737

Clinical Encounter Clinical Encounter
Temperature
Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter

NYM NYM
NYM
NYM NYM NYM NYM

N Completed Joaquin, Y. MLP
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
N Completed Kang, Yoon PA-C
Count: 7

03/30/2020 10:12 N
04/08/2020 22:50 N 05/08/2020 08:30 N

Inmate No. 738

Clinical Encounter
Clinical Encounter Temperature

NYM
NYM NYM

N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Columbo, Joseph RN

N Refused

Brenneman, Wiilliam RN

Count: 3

03/01/2020 08:00 N 03/02/2020 08:25 N 03/03/2020 08:15 N

Inmate No. 844

Blood Glucose Blood Glucose Blood Glucose

NYM NYM NYM

N Completed Columbo, Joseph RN N Completed Joaquin, Y. MLP N Completed Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 307 of 319
MCC 2284

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 309 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/03/2020 18:00 N

03/04/2020 08:20 N

03/04/2020 16:30 N

03/05/2020 09:00 N

03/06/2020 15:00 N

03/08/2020 08:35 N

03/09/2020 20:46 N

03/13/2020 07:15 N

03/13/2020 15:17 N

03/15/2020 07:00 N

03/17/2020 15:33 N

03/18/2020 15:14 N

03/20/2020 07:05 N

03/21/2020 15:21 N

03/22/2020 16:17 N

03/23/2020 07:30 N

03/23/2020 15:49 N

03/25/2020 09:43 N

03/26/2020 10:17 N

Inmate Name
Inmate No. 844

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Clinical Encounter Clinical Encounter

03/30/2020 07:45 N

Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N No Show

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N No Show

NYM

N Completed

NYM

N Completed

NYM

N No Show

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Columbo, Joseph RN Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Thomas, Terrance HSA Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Columbo, Joseph RN Joaquin, Y. MLP Kang, Yoon PA-C Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 308 of 319
MCC 2285

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 310 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/31/2020 07:35 N

04/02/2020 07:00 N

04/02/2020 16:57 N

Inmate Name

Activity Blood Glucose Blood Glucose Temperature

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Refused

NYM

N Completed

NYM

N Completed

04/05/2020 09:00 N 04/06/2020 08:00 N 04/07/2020 07:15 N 04/08/2020 00:00 N 04/08/2020 07:50 N 04/09/2020 07:45 N 04/10/2020 07:05 N 04/11/2020 09:30 N 04/11/2020 18:28 N 04/12/2020 22:12 N 04/13/2020 08:15 N 04/13/2020 21:15 N 04/14/2020 07:55 N 04/14/2020 20:41 N 04/15/2020 07:50 N 04/15/2020 16:57 N

Inmate No. 844

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

MLP Chronic Care Follow up NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Temperature

NYM

N Completed N Completed N Refused N Not Started N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed

04/15/2020 19:48 N

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Refused

Facility: N/A
Provider Joaquin, Y. MLP Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Mid-Level Provider Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Singh, Mandeep PA-C Singh, Mandeep PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Sommer, Diane MD, NER-MAST Physician Columbo, Joseph RN
Page 309 of 319
MCC 2286

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 311 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/16/2020 08:00 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

04/16/2020 18:55 N

Blood Glucose

NYM

N Completed

04/17/2020 07:25 N

Blood Glucose

NYM

N Completed

04/17/2020 20:51 N

Blood Glucose

NYM

N Completed

04/18/2020 19:54 N

Blood Glucose

NYM

N Completed

04/19/2020 19:37 N

Blood Glucose

NYM

N Completed

04/20/2020 08:00 N

Blood Glucose

NYM

N Completed

04/21/2020 07:25 N

Blood Glucose

NYM

N Completed

04/22/2020 08:00 N

Blood Glucose

NYM

N Refused

04/23/2020 06:40 N

Blood Glucose

NYM

N Refused

04/23/2020 19:44 N 04/24/2020 07:45 N

Inmate No. 844

Blood Glucose Blood Glucose

NYM NYM

N Refused N Refused

04/24/2020 19:51 N

Blood Glucose

NYM

N Completed

04/25/2020 11:00 N

Blood Glucose

NYM

N Completed

04/25/2020 17:27 N

Clinical Encounter

NYM

N Completed

04/26/2020 19:12 N

Blood Glucose

NYM

N Completed

04/27/2020 07:00 N

Blood Glucose

NYM

N Completed

04/28/2020 06:45 N

Blood Glucose

NYM

N Completed

04/29/2020 07:15 N

Blood Glucose

NYM

N Completed

04/29/2020 18:26 N

Blood Glucose

NYM

N Completed

04/30/2020 07:15 N

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician

Bureau of Prisons - NYM

20 Civ. 3315

Subject to Protective Order

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Singh, Mandeep PA-C Singh, Mandeep PA-C Singh, Mandeep PA-C Lopes, Hygor NRP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Lopes, Hygor NRP Joaquin, Y. MLP
Page 310 of 319
MCC 2287

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 312 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/30/2020 15:30 N

05/02/2020 09:22 N

05/02/2020 20:09 N

05/03/2020 09:19 N

05/03/2020 18:53 N

05/04/2020 07:00 N

05/04/2020 21:27 N

05/05/2020 08:51 N

05/05/2020 18:36 N

05/06/2020 06:30 N

05/06/2020 22:00 N

05/07/2020 06:30 N

05/08/2020 06:30 N

05/08/2020 19:00 N

05/09/2020 20:46 N

05/10/2020 09:10 N

05/11/2020 20:50 N

05/12/2020 07:30 N

05/12/2020 17:00 N

05/13/2020 07:30 N

Inmate Name
Inmate No. 844

Activity Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Refused

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Lopes, Hygor NRP Singh, Mandeep PA-C Lopes, Hygor NRP Singh, Mandeep PA-C Kang, Yoon PA-C Singh, Mandeep PA-C Brenneman, Wiilliam RN Lopes, Hygor NRP Brenneman, Wiilliam RN Singh, Mandeep PA-C Brenneman, Wiilliam RN Brenneman, Wiilliam RN Lopes, Hygor NRP Singh, Mandeep PA-C Lopes, Hygor NRP Singh, Mandeep PA-C Kang, Yoon PA-C Brenneman, Wiilliam RN Kang, Yoon PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 311 of 319
MCC 2288

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 313 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/14/2020 07:30 N

05/14/2020 15:00 N

Inmate Name
Inmate No. 844

Activity Blood Glucose
Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C Brenneman, Wiilliam RN
Count: 86

03/01/2020 08:00 N 03/02/2020 08:25 N 03/03/2020 08:15 N 03/04/2020 08:20 N 03/04/2020 16:31 N 03/05/2020 08:45 N 03/06/2020 15:00 N 03/08/2020 08:35 N 03/13/2020 07:15 N 03/14/2020 07:00 N 03/15/2020 07:00 N 03/20/2020 06:55 N 03/21/2020 07:00 N 03/26/2020 00:00 N

Inmate No. 843

03/26/2020 07:10 N

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Blood Glucose

NYM

Chronic Care Visit

NYM

diabetes noncompliant with Aspirin and lopid

unless contraindicated - should be on a statin

Blood Glucose

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Columbo, Joseph RN

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N Completed Joaquin, Y. MLP

N Refused

Thomas, Terrance HSA

N Completed Joaquin, Y. MLP

N Completed Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N Completed Columbo, Joseph RN

N No Show

Joaquin, Y. MLP

N Completed Columbo, Joseph RN

N Not Started Physician 01

N Completed Joaquin, Y. MLP
Page 312 of 319
MCC 2289

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 314 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

03/30/2020 07:50 N

03/31/2020 00:00 N

Inmate Name

03/31/2020 07:40 N 04/02/2020 07:10 N 04/03/2020 07:44 N 04/06/2020 07:45 N 04/07/2020 07:25 N 04/08/2020 07:30 N 04/09/2020 07:25 N 04/10/2020 07:20 N 04/11/2020 09:30 N 04/13/2020 08:00 N 04/14/2020 07:40 N 04/15/2020 07:35 N 04/16/2020 07:40 N 04/17/2020 07:35 N 04/20/2020 07:35 N 04/21/2020 07:35 N 04/22/2020 07:15 N 04/23/2020 06:50 N

Inmate No. 843

Activity Blood Glucose Clinical Encounter
diabetes Blood Glucose Blood Glucose Clinical Encounter Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N No Show

NYM

N Not Started

NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM NYM

N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed N Completed

Facility: N/A
Provider Joaquin, Y. MLP Optometrist
Joaquin, Y. MLP Joaquin, Y. MLP Kang, Yoon PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Columbo, Joseph RN Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 313 of 319
MCC 2290

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 315 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/24/2020 07:10 N

Inmate Name

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

04/25/2020 11:00 N

Blood Glucose

NYM

N Completed

04/27/2020 07:35 N

Blood Glucose

NYM

N Completed

04/28/2020 07:05 N

Blood Glucose

NYM

N Completed

04/29/2020 06:55 N

Blood Glucose

NYM

N Completed

04/30/2020 06:55 N

Blood Glucose

NYM

N Completed

04/30/2020 15:25 N

Blood Glucose

NYM

N Completed

05/02/2020 09:25 N

Blood Glucose

NYM

N Completed

05/03/2020 09:21 N

Blood Glucose

NYM

N Completed

05/04/2020 06:45 N

Blood Glucose

NYM

N Completed

05/05/2020 06:30 N

Inmate No. 843

Blood Glucose

NYM

N Completed

05/06/2020 06:30 N

Blood Glucose

NYM

N Completed

05/06/2020 09:13 N

Clinical Encounter

NYM

N Completed

05/06/2020 09:30 N

Blood Glucose

NYM

N Completed

05/07/2020 06:30 N

Blood Glucose

NYM

N Completed

05/08/2020 06:30 N

Blood Glucose

NYM

N Completed

05/09/2020 12:14 N

Blood Glucose

NYM

N Completed

05/10/2020 09:12 N

Blood Glucose

NYM

N Completed

05/11/2020 06:30 N

Blood Glucose

NYM

N Completed

05/12/2020 07:30 N

Blood Glucose

NYM

N Completed

05/13/2020 07:30 N
Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Blood Glucose

NYM

Bureau of Prisons - NYM
Subject to Protective Order

N Completed

Facility: N/A
Provider Joaquin, Y. MLP Singh, Mandeep PA-C Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Joaquin, Y. MLP Lopes, Hygor NRP Lopes, Hygor NRP Kang, Yoon PA-C Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Singh, Mandeep PA-C Lopes, Hygor NRP Brenneman, Wiilliam RN Kang, Yoon PA-C Kang, Yoon PA-C
Page 314 of 319
MCC 2291

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 316 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/14/2020 07:30 N

Inmate Name
Inmate No. 843

Activity Blood Glucose

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Kang, Yoon PA-C
Count: 57

04/15/2020 20:58 N 05/02/2020 00:00 N

Inmate No. 739

Clinical Encounter PPD Administration

NYM NYM

N Completed Columbo, Joseph RN N Not Started Nurse
Count: 2

03/01/2020 10:26 N 03/11/2020 09:17 N
03/16/2020 14:10 N
03/20/2020 15:22 N
03/26/2020 00:00 N 04/13/2020 21:42 N 04/29/2020 15:00 N 04/29/2020 16:18 N 04/30/2020 10:35 N 05/01/2020 21:37 N 05/05/2020 07:30 N 05/06/2020 07:30 N

Inmate No. 842

PPD Reading History/Physical
lock down Clinical Encounter
Clinical Encounter
Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Clinical Encounter Temperature Temperature

NYM NYM
NYM
NYM
NYM NYM NYM NYM NYM NYM NYM NYM

N Completed Columbo, Joseph RN N Unavailable Sommer, Diane MD,
NER-MAST Physician
N Completed Chong, Chae Un PharmD
N Completed Chong, Chae Un PharmD
N Not Started Optometrist N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Beaudouin, Robert MD N Completed Singh, Mandeep PA-C N Completed Brenneman, Wiilliam RN N Completed Brenneman, Wiilliam RN

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 315 of 319
MCC 2292

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 317 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/07/2020 07:30 N

05/08/2020 07:30 N

05/11/2020 07:30 N

05/12/2020 10:22 N

05/13/2020 09:42 N

05/14/2020 11:33 N

05/14/2020 15:30 N

Inmate Name
Inmate No. 842

Activity Temperature Temperature Temperature Temperature Temperature Temperature Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

NYM

N Completed

Facility: N/A
Provider Brenneman, Wiilliam RN Brenneman, Wiilliam RN Brenneman, Wiilliam RN Kang, Yoon PA-C Kang, Yoon PA-C Kang, Yoon PA-C Beaudouin, Robert MD
Count: 19

03/23/2020 12:11 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/24/2020 13:50 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/25/2020 11:30 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/26/2020 14:45 N 03/26/2020 22:10 N

Inmate No. 740

Temperature Clinical Encounter

NYM NYM

N Completed Joaquin, Y. MLP N Completed Singh, Mandeep PA-C

03/27/2020 11:28 N

Temperature

NYM

N Completed Joaquin, Y. MLP

03/31/2020 13:55 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/18/2020 19:07 N

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 316 of 319
MCC 2293

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 318 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

05/04/2020 13:15 N

Inmate Name
Inmate No. 740

Activity Clinical Encounter

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM

N Completed

Facility: N/A
Provider Beaudouin, Robert MD

Count: 9

03/02/2020 08:02 N

Inmate No. 841

Exit Summary

NYM

N Completed Yonnone, M. EMTP/AHSA
Count: 1

03/16/2020 00:00 N 04/03/2020 14:26 N 05/05/2020 00:00 N 05/08/2020 10:15 N 05/12/2020 13:07 N

Inmate No. 840

PPD Administration Clinical Encounter Chronic Care Visit Temperature Chronic Care Visit
due 5/21

NYM NYM NYM NYM NYM

N Not Started Nurse

N Completed Kang, Yoon PA-C

N Not Started Physician 01

N Completed Brenneman, Wiilliam RN

N Canceled

Sommer, Diane MD, NER-MAST Physician

Count: 5

05/02/2020 18:33 N

Inmate No. 742

Clinical Encounter

NYM

N Completed Singh, Mandeep PA-C Count: 1

04/02/2020 17:16 N

Temperature

NYM

04/21/2020 00:00 N

Inmate No. 743

Chronic Care Visit latent TB

NYM

05/14/2020 17:45 N

due 5/24/19 Clinical Encounter

NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician

Bureau of Prisons - NYM

20 Civ. 3315

Subject to Protective Order

N Completed Sommer, Diane MD, NER-MAST Physician
N Not Started Physician 02
N Completed Sommer, Diane MD,
Page 317 of 319
MCC 2294

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 319 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

Inmate Name

Activity

Complex: NYM Activity: Multiple Act Provider: N/A
Treating Facility Current Quarters Co-Pay Status

Facility: N/A
Provider NER-MAST Physician
Count: 3

04/27/2020 09:55 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/27/2020 11:48 N

Clinical Encounter

NYM

N Completed Beaudouin, Robert MD

04/28/2020 09:00 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/29/2020 09:00 N

Temperature

NYM

N Completed Joaquin, Y. MLP

04/30/2020 09:00 N 05/05/2020 07:30 N

Inmate No. 744

Temperature Temperature

NYM NYM

N Completed Joaquin, Y. MLP N Completed Brenneman, Wiilliam RN

05/06/2020 07:30 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/07/2020 07:30 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

05/08/2020 07:30 N

Temperature

NYM

N Completed Brenneman, Wiilliam RN

Count: 9

03/13/2020 00:16 N 03/27/2020 11:01 N
03/27/2020 11:05 N

Inmate No. 745

Clinical Encounter Clinical Encounter
Clinical Encounter

NYM NYM
NYM

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

N Completed Thomas, Terrance HSA
N Completed Sommer, Diane MD, NER-MAST Physician
N Completed Sommer, Diane MD, NER-MAST Physician
Page 318 of 319
MCC 2295

Case 1:20-cv-03315-ER Document 54-37 Filed 05/27/20 Page 320 of 320

Begin Date: 03/01/2020

End Date: 05/15/2020

Reg #: N/A

Inmate Name: N/A

Provider Type: N/A

Scheduled Provider: N/A

Housing Units: N/A

This report will show activities for inmates for the date range and facility selected.

Date

Time Reg #

04/01/2020 13:07 N

04/29/2020 00:00 N

Inmate Name
Inmate No. 745

Activity Clinical Encounter
Assessment clinic placement

Total: 4346

Complex: NYM Activity: Multiple Act Provider: N/A

Treating Facility Current Quarters Co-Pay Status

NYM NYM-G07-752U

N Completed

NYM NYM-G07-752U

N Not Started

Facility: N/A
Provider Chong, Chae Un PharmD Physician 01
Count: 5

Selected Activities: 14 Day Dr Eval, Assessment, Blood Glucose, Chronic Care Visit, Clinical Encounter, Counseling, EKG, Exit Summary, Follow-up, Food Service Clearance, History/Physical, Intake, MAT - Medication Assisted Treatment, Medical Return Follow up, MLP Chronic Care Follow up, Pharmacy Clinic/Chart Review, PPD Administration, PPD Reading, Procedure, Restraint, Sick Call/Triage, Suture Removal, Telemedicine visit, Temperature

Generated 05/15/2020 07:12 by Sommer, Diane MD, NER-MAST Physician
20 Civ. 3315

Bureau of Prisons - NYM
Subject to Protective Order

Page 319 of 319
MCC 2296

Case 1:20-cv-03315-ER Document 54-38 Filed 05/27/20 Page 1 of 4
EXHIBIT 38

Case 1:20-cv-03315-ER Document 54-38 Filed 05/27/20 Page 2 of 4

20 Civ. 3315

Subject to Protective Order

MCC 1716

Case 1:20-cv-03315-ER Document 54-38 Filed 05/27/20 Page 3 of 4

20 Civ. 3315

Subject to Protective Order

MCC 1717

Case 1:20-cv-03315-ER Document 54-38 Filed 05/27/20 Page 4 of 4

20 Civ. 3315

Subject to Protective Order

MCC 1718

Case 1:20-cv-03315-ER Document 54-39 Filed 05/27/20 Page 1 of 4
EXHIBIT 39

Case 1:20-cv-03315-ER Document 54-39 Filed 05/27/20 Page 2 of 4

20 Civ. 3315

MCC 1920

Case 1:20-cv-03315-ER Document 54-39 Filed 05/27/20 Page 3 of 4

20 Civ. 3315

MCC 1921

Case 1:20-cv-03315-ER Document 54-39 Filed 05/27/20 Page 4 of 4

20 Civ. 3315

MCC 1922

Case 1:20-cv-03315-ER Document 54-40 Filed 05/27/20 Page 1 of 3
EXHIBIT 40

Case 1:20-cv-03315-ER Document 54-40 Filed 05/27/20 Page 2 of 3
ZĞƐƉŽŶƐĞƚŽŽĐƵŵĞŶƚZĞƋƵĞƐƚEŽ͘ϱͲ/ŶŵĂƚĞZĞƋƵĞƐƚƐĨŽƌŽŵƉĂƐƐŝŽŶĂƚĞZĞůĞĂƐĞ

DĚĞĐůŝŶĞĚƚŽĨŝůĞĂŵŽƚŝŽŶƐĞĞŬŝŶŐĐŽŵƉĂƐƐŝŽŶĂƚĞƌĞůĞĂƐĞŝŶƌĞƐƉŽŶƐĞƚŽĂŶǇŽĨƚŚĞƐĞ ƌĞƋƵĞƐƚƐďĞĐĂƵƐĞƚŚĞƌĞƋƵĞƐƚƐĚŝĚŶŽƚƐĂƚŝƐĨǇƚŚĞĐƌŝƚĞƌŝĂƉƌŽǀŝĚĞĚĨŽƌďǇKWWƌŽŐƌĂŵ ^ƚĂƚĞŵĞŶƚϱϬϱϬ͘ϱϬ͘
>ŝƚŝŐ͘EŽ͘ 3 4 7 8
13 16 21 26 29 40 47 56 59 61 64 65 70 79 94 96 110 111 112 113 120 121 122 123 126 140 141 151 166 173 175 177

20 Civ. 3315

WĂŐĞϭŽĨϮ

MCC 1923

Case 1:20-cv-03315-ER Document 54-40 Filed 05/27/20 Page 3 of 3
ZĞƐƉŽŶƐĞƚŽŽĐƵŵĞŶƚZĞƋƵĞƐƚEŽ͘ϱͲ/ŶŵĂƚĞZĞƋƵĞƐƚƐĨŽƌŽŵƉĂƐƐŝŽŶĂƚĞZĞůĞĂƐĞ
>ŝƚŝŐ͘EŽ͘ 187 193 281 284 319 387 389 399 415 423 425 531 541 564 567 614 628 658 685 693 701 709 716 737 746 747 750 751 752 748 749

20 Civ. 3315

WĂŐĞϮŽĨϮ

MCC 1924

Case 1:20-cv-03315-ER Document 54-41 Filed 05/27/20 Page 1 of 1
EXHIBIT 41 81'(56($/

 
 Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 1 of 23

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)

PETITIONERS’ MEMORANDUM OF LAW IN OPPOSITION TO RESPONDENT’S PARTIAL MOTION TO DISMISS

COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 Tel: (212) 841-1000
Attorneys for Petitioners

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 2 of 23
TABLE OF CONTENTS Page
TABLE OF AUTHORITIES .......................................................................................................... ii I. INTRODUCTION .............................................................................................................. 1 II. BACKGROUND ................................................................................................................ 1 III. PROCEDURAL STANDARD ........................................................................................... 4 IV. ARGUMENT ...................................................................................................................... 4
A. Section 3626 Does Not Bar the Relief Sought Here............................................... 4 1. Section 3626 Does Not Apply to this Action.............................................. 5 2. Petitioners Are Not Seeking “Prisoner Release Orders.” ........................... 8
B. This Court’s Power to Remedy Constitutional Violations Is Not Limited by the Bureau of Prisons’ Statutory Designation Discretion. ............................... 10
C. Comity Principles Do Not Preclude Release. ....................................................... 14 V. CONCLUSION................................................................................................................. 17
i

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 3 of 23

TABLE OF AUTHORITIES

CASES

Page(s)

Alvarez v. Larose, No. 20-cv-782 (DMS) (AHG), 2020 WL 2315807 (S.D. Cal. May 9, 2020)............................7

Baez v. Moniz, No. 20-cv-10753 (LTS), 2020 WL 2527865 (D. Mass. May 18, 2020) ..........................6, 7, 17

Basank v. Decker, No. 20-cv-2518 (AT), 2020 WL 1953847 (S.D.N.Y. Apr. 23, 2020) .....................................16

Bergh v. Washington, 535 F.2d 505 (9th Cir. 1976) ...................................................................................................15

Cagle v. Hutto, 177 F.3d 253 (4th Cir. 1999) .....................................................................................................9

Coleman v. Schwarzenegger, 922 F. Supp. 2d 882 (E.D. Cal. 2009)......................................................................................10

Conboy v. AT & T Corp., 241 F.3d 242 (2d Cir. 2001).................................................................................................8, 12

Coors Brewing Co. v. Mendez-Torres, 678 F.3d 15 (1st Cir. 2012) ......................................................................................................14

Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017).........................................................................................................3

Fermin-Rodriguez v. Westchester Cty. Jail Med. Pers., 191 F. Supp. 2d 358 (S.D.N.Y. 2002)......................................................................................12

Hamdan v. Rumsfeld, 548 U.S. 557 (2006).................................................................................................................11

Jim Beam Brands Co. v. Beamish & Crawford Ltd., 937 F.2d 729 (2d Cir. 1991).....................................................................................................17

Jones v. Connors, 496 F.2d 82 (5th Cir. 1974) .....................................................................................................13

Jones v. Perkins, 245 U.S. 390 (1918).................................................................................................................16

Kolbasyuk v. Capital Mgmt. Servs., LP, 918 F.3d 236 (2d Cir. 2019).......................................................................................................4

ii

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 4 of 23
Levin v. Commerce Energy, Inc., 560 U.S. 413 (2010).................................................................................................................14
Littlejohn v. City of New York, 795 F.3d 297 (2d Cir. 2015).......................................................................................................4
Livas v. Meyers, No. 2:20-CV-00422, 2020 WL 1939583 (W.D. La. Apr. 22, 2020) .......................................13
Makarova v. United States, 201 F.3d 110 (2d Cir. 2000).......................................................................................................4
Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS), 2020 WL 2405350 (D. Conn. May 12, 2020)...................... passim
McFadden v. United States, No. 00-cr-671 (AKH), 2020 WL 1322833 (S.D.N.Y. Mar. 20, 2020) ....................................11
Medina v. Choate, 875 F.3d 1025 (10th Cir. 2017) ...............................................................................................16
Moles v. Lappin, No. 08-cv-594-F, 2010 WL 796756 (W.D. Okla. Feb. 26, 2010) ...........................................12
Plata v. Brown, 427 F. Supp. 3d 1211 (N.D. Cal. 2013) ...........................................................................8, 9, 10
Reaves v. Dep’t of Correction, 404 F. Supp. 3d 520 (D. Mass. 2019) ..............................................................................8, 9, 10
Reese v. Warden Phila. FDC, 904 F.3d 244 (3d Cir. 2018).....................................................................................................16
Royer v. Fed. Bureau of Prisons, 933 F. Supp. 2d 170 (D.D.C. 2013) ...................................................................................11, 12
United States ex rel. Sero v. Preiser, 506 F.2d 1115 (2d Cir. 1974)...................................................................................................16
Thompson v. Choinski, 525 F.3d 205 (2d Cir. 2008).....................................................................................................11
United States v. Armstrong, 517 U.S. 456 (1996).................................................................................................................13
United States v. Dubogryzov, No. 3:06-cr-233 (AHN), 2008 WL 4097468 (D. Conn. Sept. 4, 2008) ...................................11
iii

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 5 of 23
United States v. Gould, No. 7:05-CR-020 (RO), 2018 WL 3956941, (N.D. Tex. Jan. 17, 2018) .................................13
United States v. Haney, No. 19-CR-541 (JSR), 2020 WL 1821988 (S.D.N.Y. Apr. 13, 2020).....................................15
United States v. Hatcher, 18-cr-454-10 (KPF) (S.D.N.Y. Apr. 16, 2020)........................................................................15
United States v. Kozeny, 541 F.3d 166 (2d Cir. 2008).......................................................................................................5
United States v. Woodson, No. 18-cr-845 (PKC), 2020 WL 1673253 (S.D.N.Y. Apr. 6, 2020) .........................................3
United States v. Yates, No. 15-40063-01 (DDC), 2019 WL 1779773 (D. Kan. Apr. 23, 2019) ....................................3
Vargas v. Davies, No. 15-cv-3525 (ER), 2016 WL 3044850 (S.D.N.Y. May 27, 2016) .......................................4
Webster v. Doe, 486 U.S. 592 (1988).................................................................................................................11
Wilson v. Williams, No. 19A1041, 2020 WL 2644305 (U.S. May 26, 2020) ...................................................6, 7, 8
STATUTES 18 U.S.C. § 2241.................................................................................................................... passim 18 U.S.C. § 3582..............................................................................................................................3 18 U.S.C. § 3621......................................................................................................................11, 12 18 U.S.C. § 3624............................................................................................................................11 18 U.S.C. § 3626.................................................................................................................... passim OTHER AUTHORITIES Fed. R. Civ. P. 81(a)(4)....................................................................................................................4 H.R. Rep. No. 104–21 (1995) ..........................................................................................................9
iv

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 6 of 23
I. INTRODUCTION Petitioners Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, and
James Woodson, individually and on behalf of all others similarly situated, submit this Memorandum of Law in Opposition to Respondent’s Partial Motion to Dismiss their claims for release-related relief (ECF 47).
Contrary to Respondent’s argument, 18 U.S.C. § 3626 does not apply to a hybrid habeas action like this one, where Petitioners challenge both prison conditions and the fact of their confinement. The relief sought here is also not a “prisoner release order” within the meaning of Section 3626, given that Petitioners are targeting overcrowding as one means of remedying prison officials’ deliberate indifference to the risks of a potentially deadly disease.
Nor can Respondent defeat Petitioners’ release-based claim for relief by relying on the Bureau of Prisons’ discretion with respect to the designation of an inmate’s place of imprisonment. Nothing about that discretion, or “comity” principles, prevents this Court from reviewing and remedying fundamental constitutional violations pursuant to the habeas powers that are well established under 18 U.S.C. § 2241.
For these reasons, as explained more fully below, Respondent’s motion should be denied. II. BACKGROUND
On March 26, 2020, as the COVID-19 virus was spreading through the Metropolitan Correctional Center, Attorney General William Barr directed the Bureau of Prisons to “prioritize the use of [its] various statutory authorities to grant home confinement for inmates seeking transfer in connection with the ongoing COVID-19 pandemic.”1 That directive, like many others issued in
1 ECF 54, Kala Decl. Ex. 21 (Mar. 26, 2020 Mem. of Attorney General William Barr); see ECF 53, Mem. of Law in Supp. of Petitioners’ Mot. for Prelim. Inj. (“P.I. Mot.”), at 11.
1

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 7 of 23
the weeks to come, was intended to combat the “dangers that COVID-19 poses to … vulnerable inmates.”2 By the middle of April, the Bureau of Prisons recognized that these dangers also amounted to an “urgent situation that may warrant an emergency furlough” of inmates.3
The need to release inmates through home confinement and furlough, among other release measures, is especially urgent at the MCC. Indeed, without such measures, it is simply impossible for Petitioners and other inmates—many of whom are packed into 26-person dormitories—to practice social distancing in an effort to prevent the spread of this highly contagious virus.4 In addition, the MCC has shown itself unwilling to implement basic screening, testing, contact tracing, hygiene, and sanitation practices.5 These inexcusable conditions, which pour fuel on the fire for the proliferation of this disease, make prioritizing the release of inmates all the more critical.
Yet despite directives from the Attorney General and the dangerous conditions inside the jail, the MCC has shirked its responsibility to consider inmate release. In fact, the MCC—in the face of the Attorney General’s extraordinary and explicit directive—even reassigned staff who were ordinarily tasked with reviewing inmate release options so that they were instead working guard duty for virtually all of April.6 During this time, then-Acting Warden Hazlewood did not recommend a single inmate for home confinement, and a backlog of compassionate release requests (nearly 70 of them) formed.7 Similarly, neither Mr. Hazlewood nor Respondent has
2 ECF 54, Kala Decl. Ex. 22 (April 3, 2020 Mem. of Attorney General William Barr). 3 ECF 54, Kala Decl. Ex. 34 (April 15, 2020 BOP Mem. re Furlough and Home Confinement). 4 See ECF 53, P.I. Mot. at 7 & sources cited therein. 5 See ECF 53, P.I. Mot. at 14–18 & sources cited therein. 6 See ECF 53, P.I. Mot. at 13–14 & sources cited therein. 7 Although the Bureau of Prisons does not have the authority to grant compassionate release itself, it can move the Court to grant such relief, and, should it decline to do so, its timely response to such requests is
2

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 8 of 23
considered releasing a single inmate on furlough since the start of the COVID-19 pandemic, despite a BOP directive that they do so because of the “urgent situation” created by COVID-19.8
On April 28, 2020, with no indication that Respondent would take reasonable and necessary steps to improve conditions or exercise her release authority, Petitioners commenced this habeas action pursuant to 18 U.S.C. § 2241 on behalf of themselves and all similarly situated inmates at the MCC.9 Petitioners alleged that Respondent was engaging in ongoing violations of their rights under the Fifth and Eighth Amendments of the Constitution by acting with deliberate indifference to the substantial risk of serious harm posed by the COVID-19 virus. See Darnell v. Pineiro, 849 F.3d 17, 21 n.3, 29 (2d Cir. 2017). The petition sought various forms of relief, including an order directing Respondent to “release [inmates] from MCC confinement, with such conditions as may be appropriate.”10
On May 20, 2020, Respondent filed a partial motion to dismiss directed solely at Petitioners’ request for release-related relief.11 Respondent argues that Section 3626 of the Prisoner Litigation Reform Act (“PLRA”) precludes such relief—an argument Judge Shea persuasively rejected in virtually identical circumstances two weeks ago. See Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS), 2020 WL 2405350, at *16–17 (D. Conn. May 12, 2020). Respondent also argues that her own statutory release discretion, which she has sparingly used,
needed so that inmates can fully exhaust their administrative remedies, as required by the First Step Act, in order to then seek relief from the Court. 18 U.S.C. § 3582(c)(1)(A); see United States v. Woodson, No. 18cr-845 (PKC), 2020 WL 1673253, at *2 (S.D.N.Y. Apr. 6, 2020) (denying Petitioner Woodson’s motion for compassionate release because the MCC had not yet responded and the thirty-day statutory period had not yet elapsed). 8 ECF 54, Kala Decl. Exs. 7 (Licon-Vitale Dep. Tr., at 147: 15–19); 6 (Hazlewood Dep. Tr., at 77:5–8). 9 ECF 1. 10 ECF 1 at 27–28. 11 ECF 47 (hereinafter, “Resp. Mem.”).
3

Case 1:20-cv-03315-ER Document 57 Filed 05/27/20 Page 9 of 23
nonetheless prevents this Court from granting habeas relief to remedy constitutional violations. Finally, Respondent advances a novel and amorphous “comity” argument in support of dismissal.
For the reasons set forth below, each of these arguments should be rejected. III. PROCEDURAL STANDARD
“On a motion to dismiss, all factual allegations in the complaint are accepted as true and all inferences are drawn in the [petitioner’s] favor.” Littlejohn v. City of New York, 795 F.3d 297, 306 (2d Cir. 2015). The Federal Rules of Civil Procedure apply to habeas proceedings brought pursuant to 18 U.S.C. § 2241. Fed. R. Civ. P. 81(a)(4); see also, e.g., Vargas v. Davies, No. 15cv-3525 (ER), 2016 WL 3044850, at *4 (S.D.N.Y. May 27, 2016). Under Rule 12(b)(1), dismissal of a claim is proper where the “district court lacks the statutory or constitutional power to adjudicate” it. Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). To survive a motion to dismiss under Rule 12(b)(6), the petition must only “state a claim to relief that is plausible on its face.” Kolbasyuk v. Capital Mgmt. Servs., LP, 918 F.3d 236, 239 (2d Cir. 2019). IV. ARGUMENT
A. Section 3626 Does Not Bar the Relief Sought Here. Section 3626 does not apply to, let alone preclude, Petitioners’ habeas claim for releaserelated relief. The plain language of Section 3626 states that this provision only applies to habeas actions that do not challenge the “fact” of an inmate’s confinement. 18 U.S.C. § 3626(g)(2). Here, Petitioners are challenging both the conditions of their confinement and the fact of their confinement, as both of these put Petitioners at grave risk of suffering serious harm from the COVID-19 virus in jail. Furthermore, the remedial constraints relied upon by Respondent also do not bar relief, since Petitioners do not seek a “prisoner release order” under 18 U.S.C. § 3626(g)(4).
4

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1. Section 3626 Does Not Apply to this Action. The provisions of Section 3626 apply only to a “civil action with respect to prison conditions,” 18 U.S.C. § 3626(a), a statutorily-defined phrase that expressly excludes habeas proceedings such as this one. A “civil action with respect to prison conditions” means “any civil proceeding arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison.” 18 U.S.C. § 3626(g)(2) (emphasis added). The statute exempts habeas proceedings, like this one, that properly challenge both conditions of confinement and the fact or duration of confinement. See Martinez-Brooks, 2020 WL 2405350, at *17. This is because, as Judge Shea correctly held, pure “fact or duration” claims—those challenging the validity of a conviction or the length of a sentence—are “already excluded from the scope” of Section 3626 by the first part of Section 3626(g)(2). Id. In other words, even without the specific habeas corpus carve-out in the second part of Section 3626(g)(2), pure “fact or duration” challenges are not actions “with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison.” 18 U.S.C. § 3626(g)(2). Because the habeas clause would thus serve no purpose if it were limited to pure “fact or duration” claims, in order to “give effect” to the clause, United States v. Kozeny, 541 F.3d 166, 174 (2d Cir. 2008), it must be read as covering hybrid habeas actions like this one, see Martinez-Brooks, 2020 WL 2405350, at *17 (“[T]o interpret the habeas clause of the definition to refer only to [pure ‘fact or duration’] petitions would make the clause superfluous.”). The text of Section 3626(g)(2) thus supports “that there are habeas proceedings that challenge both the conditions of confinement and the ‘fact or duration of confinement,’ and that such petitions are exempt from the statute.” Martinez-Brooks, 2020 WL 2405350, at *17; see also
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Wilson v. Williams, No. 20-3447 (6th Cir. May 4, 2020), Order at 3 (holding that habeas action seeking release-related relief based in part on conditions of confinement due to COVID-19 was exempt from Section 3626), stay denied, No. 19A1041, 2020 WL 2644305 (U.S. May 26, 2020); Baez v. Moniz, No. 20-cv-10753 (LTS), 2020 WL 2527865, at *2 (D. Mass. May 18, 2020) (holding that Section 3626 did not apply to habeas action that was “at least in part … a challenge to the fact or duration of the petitioners’ confinement” in light of the conditions posed by COVID19).
Respondent does not take issue with this common-sense reading of the statute. Instead, Respondent contends that Martinez-Brooks and other cases are “distinguishable” because the petitioners there claimed that “nothing could resolve the alleged constitutional violations other than a release order.” Resp. Mem. at 14. This argument does not withstand scrutiny because, for purposes of applying Section 3626, there is no material difference between the nature of the release claims asserted in this case and those cited above.
Here, just as in the cases Respondent seeks to distinguish, Petitioners challenge the conditions of their confinement as well as the “fact” of their confinement. Petitioners seek injunctive relief both to improve prison conditions and to facilitate their release from confinement at the MCC in order to safeguard their health and that of other inmates. See Petition (ECF No. 1) at 27–28; Order to Show Cause (ECF No. 4) at 4–5; see also Petition, Martinez-Brooks, No. 3:20cv-00569 (MPS) (D. Conn. Apr. 27, 2020), ECF No. 1 at 66–67 (seeking relief “requiring Respondents to release from custody or to home confinement members of the [medically vulnerable] Subclass,” in addition to non-release forms of relief); Petition, Wilson, No. 20-cv-794 (N.D. Ohio Apr. 13, 2020), ECF No. 1 (similar); Petition, Baez No. 20-cv-10753 (LTS), ECF No. 1 (D. Mass Apr. 17, 2020) (similar).
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In addition, Petitioners’ release claims are directly tied to the allegations in the Petition. For example, Petitioners allege that “[t]he MCC’s failure to release or transfer inmates has … made it effectively impossible for inmates to maintain a six-foot distance from others.” Doc. No. 1 at 15; see also Martinez Brooks, ECF No. 1 at 21 (alleging that, “at current facility population levels, prisoners at FCI Danbury cannot comply with the [CDC] guidelines for physical distancing, a cornerstone of risk reduction in prisons.” (internal quotation marks omitted)). Given the nature of these allegations and release requests, Petitioners here, as in Martinez-Brooks, Baez, and Wilson, squarely challenge the “fact … of [their] confinement” within the ordinary meaning of that phrase.12 18 U.S.C. § 3626(g)(2); see Martinez-Brooks, 2020 WL 2405350, *16 (applying dictionary definitions to conclude that the “‘the fact … of confinement’ refers generally to the existence of the state of being imprisoned” (alteration omitted)).
Contrary to Respondent’s argument, Petitioners’ claim for release does not turn on whether they specifically alleged that “nothing could resolve the alleged constitutional violations other than a release order.” Resp. Mem. at 14. Indeed, as noted above, the petitioners in each of the cases Respondent attempts to distinguish in fact also sought non-release relief. That is eminently sensible: a combination of release and non-release measures is plainly needed in the extraordinary circumstances of the COVID-19 pandemic, where social distancing is a critical public health measure that is difficult to achieve in prisons or jails. The gravamen of Petitioners’ challenge in this case thus is no different from Martinez-Brooks or other cases where release and non-release
12 The California district court case cited by Respondent, Alvarez v. Larose, did not consider the textual analysis that the Court relied on in Martinez-Brooks. See Alvarez v. Larose, No. 20-cv-782 (DMS) (AHG), 2020 WL 2315807, at *2 (S.D. Cal. May 9, 2020). For the reasons explained above, the Alvarez court’s characterization of a similar habeas action as a pure “conditions of confinement” challenge is inconsistent with the plain meaning of the statute, unpersuasive, and should not be followed—and, in any event, is distinguishable from Petitioners’ claims and the relief sought here.
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relief was sought—and granted—to vindicate Petitioners’ constitutional rights and mitigate the risk of serious harm posed by the virus. See Martinez-Brooks, 2020 WL 2405350, at *32–34; Wilson, 2020 WL 1940882, at *10–11 (N.D. Ohio Apr. 22, 2020), stay denied, No. 20-3447 (6th Cir. May 4, 2020), stay denied, 2020 WL 2644305 (U.S. May 26, 2020); see also Wilson, 2020 WL 2542131, at *4 (N.D. Ohio May 19, 2020) (enforcing preliminary injunction).
For all these reasons, Section 3626 does not apply to the release-related relief sought in this action.
2. Petitioners Are Not Seeking “Prisoner Release Orders.” Even assuming arguendo that Section 3626 did apply, the special remedial provisions relied upon by Respondent—i.e., the convening of a three-judge court, and a prior order for “less intrusive relief,” 18 U.S.C. § 3626(a)(3)—would not. The provisions of subsection (a)(3) apply only to a “prisoner release order,” which is statutorily defined as “any order, including … preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison.” Id. § 3626(g)(4). Courts have recognized that this definition should not be given an overbroad interpretation such that it would extend to any order that has any effect of reducing a prison population or that directs the release of an inmate for any reason. See Reaves v. Dep’t of Correction, 404 F. Supp. 3d 520, 522 (D. Mass. 2019); Plata v. Brown, 427 F. Supp. 3d 1211, 1224 (N.D. Cal. 2013); see also Conboy v. AT & T Corp., 241 F.3d 242, 255 (2d Cir. 2001) (“Congress must speak clearly of its intent to interfere with the historic equitable powers of the courts.”) (internal quotation marks omitted)). Rather, “prisoner release order” should be afforded a common-sense meaning in light of the statute as a whole, which by its terms is intended to govern classic prison overcrowding claims—not claims that target overcrowding as one means of remedying prison officials’ deliberate indifference to the risks of a potentially deadly disease.
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As relevant here, Section 3626(a)(3) provides that only a three-judge court can enter a “prisoner release order,” and only where “crowding is the primary cause of the violation of a Federal right.” 18 U.S.C. § 3626(a)(3)(E)(i) (emphasis added). But nothing in the statute or its legislative history suggests that Congress, in imposing these requirements, intended to strip federal courts of their power to order release-related relief primarily for reasons other than overcrowding. See Reaves, 404 F. Supp. 3d at 523 (rejecting the argument that “the only way a district court can order the release of a prisoner is for a violation of his constitutional rights where overcrowding caused the violation, but not if any other reason caused the violation”); Plata, 427 F. Supp. 3d at 1224–25 (similarly rejecting an expansive interpretation of Section 3626(g)(4) and explaining that such an interpretation would impermissibly “prevent vindication of the inmates’ constitutional rights”). To the contrary, “the sponsors of the PLRA were primarily concerned with courts setting ‘population caps’ and ordering the release of inmates as a sanction for prison administers’ failure to comply with the terms of consent decrees designed to eliminate overcrowding.” Reaves, 404 F. Supp. 3d at 523 (internal quotation marks omitted). This is plainly not the essence of Petitioners’ claim here.
In addition, the statute’s provisions suggest that Congress was specifically concerned about the federalism concerns implicated by interference in state prison systems. See 18 U.S.C. § 3626(a)(1)(B) (providing that no court shall order relief that “requires or permits a government official to exceed his or her authority under State or local law or otherwise violates State or local law,” subject to exceptions (emphasis added)); see also Cagle v. Hutto, 177 F.3d 253, 257 (4th Cir. 1999) (“[T]he fundamental purpose of the PLRA … was to remove the federal district courts from the business of supervising the day-to-day operation of state prisons.” (emphasis added)); H.R. Rep. No. 104–21, at 24 n.2 (1995) (“By requiring that a plaintiff inmate prove an actual
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violation of his constitutional rights based on the alleged overcrowding, this subsection will end the current practice of imposing prison caps when inmates in local prisons have complained about the prison conditions but the presiding judge has made absolutely no finding of unconstitutionality ….” (emphasis added)).
Release of the kind contemplated by Section 3626 thus is entirely distinct and different from the relief sought here. Petitioners do not challenge overcrowding in and of itself, nor do they seek to remedy the kinds of resourcing issues that undergird overcrowding claims brought in ordinary times (which these surely are not). Cf. Coleman v. Schwarzenegger, 922 F. Supp. 2d 882, 920–21 (E.D. Cal. 2009) (describing standard “crowding” challenges based on conditions caused by overcapacity alone). Instead, Petitioners allege that federal prison officials have acted with deliberate indifference in responding to a specific and urgent medical crisis, and seek release measures to protect against the grave risks posed by that crisis. Judicial review of these constitutional claims need not, and should not, be channeled through the restrictive procedures reserved for “primary” overcrowding challenges. See Reaves, 404 F. Supp. 3d at 523; Plata, 427 F. Supp. 3d at 1224.
B. This Court’s Power to Remedy Constitutional Violations Is Not Limited by the Bureau of Prisons’ Statutory Designation Discretion.
Respondent argues that Petitioners seek relief that intrudes on the Bureau of Prisons’ discretion with respect to the designation of an inmate’s place of imprisonment and whether to release them to home confinement. See Resp. Mem. at 15–17. But Petitioners’ claims do no such thing. Instead, Petitioners ask that the Court review and remedy constitutional violations, a critical judicial function that Congress has in no way limited through the statutes relied upon by Respondent.
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As relevant here, the Bureau of Prisons is tasked with designating “the place of the prisoner’s imprisonment,” which “is not reviewable by any court.” 18 U.S.C. § 3621(b). Likewise, the Bureau of Prisons has discretion over whether to release an inmate to home confinement pursuant to 18 U.S.C. § 3624(c) and the CARES Act. See, e.g., McFadden v. United States, No. 00-cr-671 (AKH), 2020 WL 1322833, at *1 (S.D.N.Y. Mar. 20, 2020).
These uncontroversial propositions have nothing to do with Petitioners’ claims in this case. This is not an action seeking review of the Bureau of Prisons’ facility-designation choice under 18 U.S.C. § 3621(b); Petitioners are not, for example, asserting claims that Respondent improperly weighed the statutory considerations in Section 3621(b) (e.g., “the nature and circumstances of the offense”) in designating them to the MCC instead of a different facility. Cf. United States v. Dubogryzov, No. 3:06-cr-233 (AHN), 2008 WL 4097468, at *1 (D. Conn. Sept. 4, 2008) (BOP permissibly exercised its discretion to designate prisoner to USP Canaan instead of a “lesser classification facility”). Nor are Petitioners challenging Respondent’s decision regarding whether to release a given inmate to home confinement.
Rather, Petitioners are alleging violations of their constitutional rights based on prison officials’ deliberate indifference to a serious risk of harm, and—as Respondent does not dispute— they are properly invoking the Court’s habeas power under 18 U.S.C. § 2241 to do so. See Thompson v. Choinski, 525 F.3d 205, 209 (2d Cir. 2008) (“This court has long interpreted § 2241 as applying to challenges to the execution of a federal sentence, including such matters as … prison conditions.”) (internal quotation marks omitted). Although Congress can restrict the habeas power of federal courts and can even limit courts’ power to review constitutional claims, its intent to do so must be “clear.” See Hamdan v. Rumsfeld, 548 U.S. 557, 575 (2006); Webster v. Doe, 486 U.S. 592, 603 (1988); see also Royer v. Fed. Bureau of Prisons, 933 F. Supp. 2d 170, 181 (D.D.C.
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2013) (concluding that “Congress has not explicitly precluded review of constitutional claims based on [BOP’s decisions as to a prisoner’s place of imprisonment] or similar decisions” and proceeding to review such claims). And where judicial review of such claims is available, Congress must also “speak clearly” to limit the courts’ equitable power to provide appropriate remedies. Conboy, 241 F.3d at 255.
But this is not the case here. Sections 3621 and 3624 do not even mention any restriction on judicial review of constitutional claims or available remedies, let alone contain the clear statement needed to create such a restriction. In the absence of such a restriction, this Court has the power to review and remedy constitutional violations bearing on release. As a court in this district explained in the context of an inmate transfer, “[w]hile it is true that prison officials generally have discretion to transfer an inmate from one correctional facility to another, the transfer is reviewable if it is otherwise in violation of an individual’s constitutional rights” and courts thus have “the authority to review [a] prison transfer to determine if it was in violation of constitutionally protected rights.” Fermin-Rodriguez v. Westchester Cty. Jail Med. Pers., 191 F. Supp. 2d 358, 362 n.3 (S.D.N.Y. 2002).
Similarly, in Martinez-Brooks, the Court explained that it was not “‘review[ing]’ the BOP’s ‘designation of a place of imprisonment’ under subsection 3621(b)” by “finding preliminarily that Respondents are not exercising their authority under subsection 3642(c)(2) in a constitutionally adequate manner.” 2020 WL 2405350, at *15; see also Royer, 933 F. Supp. 2d at 181; Moles v. Lappin, No. 08-cv-594-F, 2010 WL 796756, at *5 n.4 (W.D. Okla. Feb. 26, 2010) (concluding that “§ 3621(b) is not implicated” where a “request for injunctive relief is not premised on a challenge to the BOP’s designation of his place of imprisonment but on an alleged failure to protect him from attacks by other inmates in violation of his Eighth Amendment rights”).
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These cases accord with the bedrock principle that, although a matter may be committed to the government’s discretion, courts retain the power to vindicate claims alleging that such discretion is being exercised in violation of the Constitution. See Jones v. Connors, 496 F.2d 82, 83 (5th Cir. 1974) (“While … prison officials do have broad discretion in the exercise of their difficult responsibilities, we must also recognize that these officials are subject to the Constitution.”); cf. United States v. Armstrong, 517 U.S. 456, 464 (1996) (recognizing that charging decisions generally rest “entirely” in the prosecutor’s discretion but that “[o]f course, a prosecutor’s discretion is subject to constitutional constraints”) (internal quotation marks omitted)).
The cases relied upon by Respondent are not to the contrary. See Resp. Mem. at 16–17. In United States v. Yates, for example, an inmate brought a non-constitutional challenge to BOP’s calculation of good-time credits and “presuppose[d]” that he was automatically entitled to home confinement. No. 15-40063-01 (DDC), 2019 WL 1779773, at *4 (D. Kan. Apr. 23, 2019). Of course, no individual inmate is automatically entitled to home confinement, and Petitioners do not claim otherwise. But in any event, unlike in Yates, Petitioners do bring a constitutional challenge, which is not foreclosed by section 3621.
Likewise, in United States v. Gould, the Court merely commented that the “BOP is in the best position to determine whether RRC/halfway house placement would be of benefit” to the defendant, in response to the defendant’s request that the court make a recommendation for such placement. 7:05-CR-020 (RO), 2018 WL 3956941, at *1 (N.D. Tex. Jan. 17, 2018); see also Livas v. Meyers, No. 2:20-CV-00422, 2020 WL 1939583, at *6 (W.D. La. Apr. 22, 2020). But Petitioners here do not dispute the fact that individual home confinement decisions are generally within the BOP’s institutional competence and discretion, nor do Petitioners seek the Court’s
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recommendation on an individual inmate’s home confinement request. Rather, Petitioners claim that the MCC has utterly neglected its institutional role to provide for the health and safety of its inmate population, in violation of their constitutional rights, and that the release of inmates to home confinement where reasonable is part of the constitutional remedy. Similarly, Respondent’s argument that home confinement should be treated the same as community confinement for purposes of Section 3621 (Resp. Mem. at 16–17) is neither here nor there, since, as explained above, Section 3621 does not preclude review of constitutional claims or limit this Court’s equitable power to provide remedies for such violations.
Accordingly, this Court has the power to review Petitioners’ constitutional claims and grant any appropriate relief, including release-related relief, necessary to remedy constitutional violations.
C. Comity Principles Do Not Preclude Release. Respondent’s assertion that “comity” principles preclude release is based on a grab-bag of inapposite, out-of-circuit case law and should also be rejected. First, Respondent argues that this Court should grant its partial motion to dismiss based on the “doctrine of equitable restraint” discussed in Coors Brewing Co. v. Mendez-Torres, 678 F.3d 15, 28 (1st Cir. 2012) (internal quotation marks omitted). But the doctrine in Coors Brewing applies only in the context of interference between federal and state proceedings. See 678 F.3d at 23 (“[C]omity constrains the exercise of federal jurisdiction in cases implicating a variety of important state interests.” (emphasis added)); see also Levin v. Commerce Energy, Inc., 560 U.S. 413, 421 (2010) (“The comity doctrine … reflects a proper respect for state functions[.]” (internal quotation marks omitted) (cited by Coors Brewing Co., 678 at 23)). The Coors Brewing comity doctrine is not implicated where, as here, Respondent claims that injunctive relief would interfere with the operation of a federal jail.
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Respondent next argues that “[w]hen an injunction sought in one federal proceeding would interfere with another federal proceeding, considerations of comity require more than the usual measure of restraint, and such injunctions should be granted only in the most unusual cases.” Resp. Mem. at 17 (quoting Bergh v. Washington, 535 F.2d 505, 507 (9th Cir. 1976)). But in stark contrast to this case, the plaintiff in Bergh, a commercial fisherman in Washington State, specifically sought an injunction prohibiting (1) a federal judge in a different case from ordering the State of Washington to promulgate fishing regulations, (2) the Clerk of the District Court in the other case from “filing any such order,” and (3) the State of Washington from complying with it. Bergh, 535 F.2d at 506–07. But Petitioners seek nothing of the sort: they do not ask this Court to order the district judges in their criminal cases to grant them compassionate release, or anything else for that matter. Rather, they have brought an independent habeas action pursuant to 18 U.S.C. § 2241, alleging constitutional violations that they could not adequately raise through a compassionate release motion even if they tried. See, e.g., Transcript of Compassionate Release Hearing at 14:1– 24, United States v. Hatcher, 18-cr-454-10 (KPF) (S.D.N.Y. Apr. 16, 2020) (observing that an inmate’s Eighth Amendment claim “would have to be presented in the procedural vehicle of a habeas petition under 2241 … and couldn’t just be intuited from a compassionate release motion”); see also United States v. Haney, No. 19-CR-541 (JSR), 2020 WL 1821988, at *8 (S.D.N.Y. Apr. 13, 2020) (denying a COVID-19-based compassionate release motion because “the Court will not, and cannot, construe what is not a habeas petition as a habeas petition”).
Respondent also cites several out-of-circuit cases for the proposition that pretrial detainees must seek release through the Bail Reform Act, not Section 2241. See Resp. Mem. at 18. As an initial matter, these cases are irrelevant to the claims for relief set forth in Petitioners’ preliminary injunction motion, which does not seek direct release from custody but rather prospective relief
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ordering Respondent to expedite and maximize the use of her own release authority—in other words, systemic relief that is plainly unavailable in a pretrial bail setting—for those who qualify under existing legal provisions or written directives of the Attorney General. See Reese v. Warden Phila. FDC, 904 F.3d 244, 246 (3d Cir. 2018) (reasoning that defendants “should pursue the remedies available within the criminal action” (emphasis added)).
Even with respect to direct release, however, neither Reese nor the other cases cited by Respondent establish an absolute rule that a federal pretrial detainee cannot seek such relief through Section 2241. See Reese, 904 F.3d at 246 (noting the possibility of an exception for “exceptional circumstances”); Medina v. Choate, 875 F.3d 1025, 1029 (10th Cir. 2017) (similar); see also Jones v. Perkins, 245 U.S. 390, 391–92 (1918) (recognizing “exceptional circumstances” exception). If ever there were “exceptional circumstances” for considering a Section 2241 claim for pretrial release, it would be in the context of this habeas class action, where, unlike in individual bail hearings, inmates can gather evidence in support of their common allegations of systemic constitutional violations—violations that require urgent redress in order to protect their health and safety. See United States ex rel. Sero v. Preiser, 506 F.2d 1115, 1125 (2d Cir. 1974); Basank v. Decker, No. 20-cv-2518 (AT), 2020 WL 1953847, at *2–3 (S.D.N.Y. Apr. 23, 2020).
Finally, Respondent argues, without citing any case law, that sentenced inmates’ claims for release should be dismissed because otherwise “this case runs the risk of creating inconsistent rulings.” Resp. Mem. at 18–19. But the mere fact that there is some factual overlap between the constitutional claims in this case and an inmate’s statutory claim for compassionate release does not create a risk of “inconsistent” rulings that is cognizable for purposes of a “comity” doctrine or any other rule of law. Indeed, Respondent’s argument is little more than an end-run around the strict requirements of the res judicata and collateral estoppel doctrines, which Respondent
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conspicuously does not raise, presumably because the requirements of these doctrines are not satisfied here. See, e.g., Jim Beam Brands Co. v. Beamish & Crawford Ltd., 937 F.2d 729, 734 (2d Cir. 1991) (concluding that similar factual issues were not “identical” for collateral estoppel purposes because they were governed by materially different standards); see also MartinezBrooks, 2020 WL 2405350, at *18 (noting that res judicata would turn in part on whether an inmate could raise an Eighth Amendment claim in a compassionate release motion, and rejecting the defense on other grounds); Transcript of Compassionate Release Hearing at 14:1–24, Hatcher, 18-cr-454-10 (KPF) (S.D.N.Y. Apr. 16, 2020) (observing that an Eighth Amendment claim could not be brought through a compassionate release motion). Respondent cannot side-step the requirements of these preclusion doctrines by simply recasting them as a novel and amorphous “comity” doctrine. See Baez, 2020 WL 2527865, at *3 (“[T]o what extent any relief should be tailored to avoid conflict with orders issued by other District Judges … are questions properly considered when considering the merits and tailoring relief. They are not issues justifying dismissal.”). V. CONCLUSION
For the foregoing reasons, Respondent’s partial motion to dismiss should be denied.
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Dated: May 27, 2020 New York, New York

COVINGTON & BURLING LLP
By: s/ Arlo Devlin-Brown Arlo Devlin-Brown Andrew A. Ruffino Alan Vinegrad Timothy C. Sprague Adam Z. Margulies
The New York Times Building 620 Eighth Avenue New York, New York 10018 Tel: (212) 841-1000
adevlin-brown@cov.com aruffino@cov.com avinegrad@cov.com tsprague@cov.com amargulies@cov.com
Attorneys for Petitioners

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 Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 1 of 36

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)

PETITIONERS’ REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR A PRELIMINARY INJUNCTION

COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 Tel: (212) 841-1000
Attorneys for Petitioners

Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 2 of 36
TABLE OF CONTENTS INTRODUCTION................................................................................................................... 1 ARGUMENT .......................................................................................................................... 1 I. PETITIONERS HAVE DEMONSTRATED A LIKELIHOOD OF SUCCESS ON
THE MERITS. ............................................................................................................. 1 A. The Mere Existence of BOP Policies Does Not Establish Adequate
Conditions, Nor Negate Deliberate Indifference. ................................................ 2 B. Evidence of Unconstitutional Conditions of Confinement Is
Overwhelming. ................................................................................................. 6 II. PRELIMINARY INJUNCTIVE RELIEF IS NECESSARY TO REMEDY THE
CONSTITUTIONAL VIOLATIONS............................................................................ 9 A. Post-Litigation Remedial Measures Do Not Reduce the Need for
Injunctive Relief. .............................................................................................. 9 B. The Relief Sought Is Reasonable And Well-Tailored to Remedy the
Violation..........................................................................................................13 C. There is Ample Legal Authority for Injunctive Relief........................................17 III. The Court Should Conditionally Certify the Proposed Class. ........................................19 CONCLUSION ......................................................................................................................20 APPENDIX A......................................................................................................................... 1

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TABLE OF AUTHORITIES

Cases

Page (s )

A.T. v. Harder, 298 F.Supp.3d 391 (N.D.N.Y. 2018) .................................................................................19

Banks v. Booth, No. CV 20-849 (CKK), 2020 WL 1914896 (D.D.C. Apr. 19, 2020)................................ 6, 18

Benjamin v. Schriro, 370 Fed.Appx. 168 (2d Cir. 2010) .....................................................................................16

C.D.S., Inc. v. Bradley Zetler, CDS, LLC, 691 F. Appx. 33 (2d Cir. 2017)..........................................................................................16

Cameron v. Bouchard, No. 20-cv-10949, 2020 WL 2569868 (E.D. Mich. May 21, 2020)................................... 2, 18

Clarkson v. Coughlin, 783 F. Supp. 789 (S.D.N.Y. 1992) .....................................................................................19

Handberry v. Thompson, 446 F.3d 335 (2d Cir. 2006) ..............................................................................................17

Johnson v. Wright, 412 F.3d 398 (2d Cir. 2005) ................................................................................................3

K.A. v. City of New York, 413 F. Supp. 3d 282 (S.D.N.Y. 2019) ................................................................................19

Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS), 2020 WL 2405350 (D. Conn. May 12, 2020).....................passim

Mays v. Dart, No. 20-cv-2134, 2020 WL 1812381 (N.D. Ill. Apr. 9, 2020)....................................... 2, 7, 18

Milliken v. Bradley, 433 U.S. 267 (1977)..........................................................................................................14

Preston v. Thompson, 589 F.2d 300 (7th Cir. 1978) ......................................................................................... 5, 14

Rivas v. Jennings, 20 Civ. 02731 (VC), 2020 WL 2059848 (N.D. Cal. Apr. 29, 2020).....................................20

Seth v. McDonough, No. 8:20-cv-01028 (PX), 2020 WL 2571168 (D. Md. May 21, 2020) ............................. 6, 18

Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 4 of 36
Swain v. Junior, No. 1:20-CV-21457-KMW, 2020 WL 2078580 (S.D. Fla. Apr. 29, 2020)............5, 12, 15, 18
United States v. Hakim, No. 18 Civ. 5726 (ER), 2020 WL 2751020 (S.D.N.Y. May 26, 2020)....................... 9, 10, 11
Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011)..........................................................................................................20
Webb v. Gourd, 340 F.3d 105 (2d Cir. 2003) ..............................................................................................16
Yassky v. Kings Cty. Democratic Cty. Comm., 259 F. Supp. 2d 210 (E.D.N.Y. 2003) ................................................................................10
Other Authorities End Torture. He Still Hasn’t, The Nation (Jan. 22, 2014),
https://www.thenation.com/art ic le/archive/f ive-years-ago- obama- pledgedend-torture-he-still-hasnt/ ..................................................................................................11 Len Strazewski, Harvard Epidemiologist: Beware COVID-19’s Second Wave This Fall, AMA (May 8, 2020), https://www.ama-assn.org/deliveringcare/public-health/harvard-epidemiologist-beware-covid-19-s-second-wavefall ...................................................................................................................................12 Letter from William Zerillo, Facility Administrator of the Queens Detention Facility, to Chief Judge Roslynn R. Mauskopf (May 28, 2020), https://www.nyed.uscourts.gov/pub/bop/ QDF_20200529_093252.pd ................................13 New York City, N.Y Times, https://www.nytimes.com/ interactive/2020/nyregion/ new-yor k-c itycoronavirus-cases.html......................................................................................................12 Prisons, BOP Expands COVID-19 Testing, https://www.bop.gov/resources/news/ 20200424_expanded_testing.js ..........................................................................................15
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INTRODUCTION Respondent seeks to turn the page on the MCC’s demonstrably inadequate response to the initial outbreak of COVID-19 in March and April through a letter filed the same day as her opposition brief, promising that the MCC’s many failings have been or will be corrected. The Court should not move on so quickly. Whatever progress the MCC has made in its response to COVID-19 was for the most part made only after this lawsuit was filed, and after the MCC’s initial response on May 1 denying there were problems at all. The Court’s continued supervision is needed to ensure that the MCC’s policies to combat COVID-19 are actually implemented and remain in place for as long as necessary. No fewer than six federal courts have ordered preliminary relief to remedy prison officials’ constitutionally deficient responses to the COVID-19 pandemic. The prison officials in these cases, like Respondent here, pointed to various policies and steps in the right direction, but these were deemed insufficient or incomplete. So too in this case: without judicial oversight, prison officials who have already failed to mitigate the grave risk of harm posed by the virus may yet do so again. In light of the MCC’s months’-long mishandling of this crisis, the vulnerable status of the inmates in its charge, and the important interests at stake, the targeted preliminary injunctive relief sought here is necessary and appropriate to protect the health and well-being of Petitioners and the proposed class.
ARGUMENT I. PETITIONERS HAVE DEMONSTRATED A LIKELIHOOD OF SUCCESS ON
THE MERITS. The MCC’s argument that Petitioners have failed to demonstrate a “likelihood of success on the merits” boils down to two points: (1) BOP policies for handling the COVID-19 pandemic are adequate; and (2) the conditions at the MCC are not as bad as inmates have described, based
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on alleged discrepancies in three inmate statements that were filed in this litigation. Resp. Opp. at 24–35. Both of these arguments should be rejected. This case is not about whether BOP policies are adequate on paper, but whether they have been effectively carried out in practice. The overwhelming evidence that the MCC has failed to actually practice what it now preaches is hardly refuted by the trivial, alleged “inconsistencies” in the statements of three of the 33 inmates who submitted declarations demonstrating the MCC’s mishandling of the COVID-19 pandemic.
A. The Mere Existence of BOP Policies Does Not Establish Adequate Conditions, Nor Negate Deliberate Indifference.
The MCC seeks to reframe the question before the Court as “whether the existing policies are so inadequate as to fall below the constitutional minimum.” Resp. Opp. at 25. However, whether the BOP and MCC have policies in place is beside the point, in light of the MCC’s clear failure to implement these policies. As one district court recently explained when granting preliminary injunctive relief in a similar context, a constitutional violation may be found based on a prison’s “failing to implement policies that will effectively protect inmates from a potentially lethal virus.” Cameron v. Bouchard, No. 20-cv-10949, 2020 WL 2569868, at *27 (E.D. Mich. May 21, 2020); see also, e.g., Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS), 2020 WL 2405350, at *23 (D. Conn. May 12, 2020) (“[B]y failing to make meaningful use of her home confinement authority, the Warden has failed to implement what appears to be the sole measure capable of adequately protecting vulnerable inmates[.]”); Mays v. Dart, No. 20-cv-2134, 2020 WL 1812381, at *11 (N.D. Ill. Apr. 9, 2020) (issuing TRO where Sheriff “point[ed] to policies that call[ed] for sanitation and cleaning supplies to be made available to detainees, but . . . offer[ed] no
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evidence that this [was] actually happening on the ground, and . . . the plaintiffs . . . offered significant evidence reflecting that it [was] not happening”).1
So too here. The MCC’s systemic failures in responding to the virus go well beyond the mere “imperfect execution” the MCC euphemistically describes. Resp. Opp. at 30. A March 26
BOP policy, for example, mandated that “[i]f an inmate is symptomatic . . . they must be placed in isolation until they test negative for COVID-19.”2 Yet 28 inmates have given declarations that the MCC failed to isolate inmates who were demonstrably sick,3 thereby contributing to the spread of COVID-19 in 11 South and then throughout the jail, as well as leaving the inmates to suffer.4 And
the MCC itself has admitted that it released all but a few of the 34 inmates it did isolate back into the general jail population without testing to establish if they were negative for COVID-19, notwithstanding this policy.5
Likewise, on March 31, the BOP called for “daily screening” of inmates’ symptoms and temperatures “at institutions affected by COVID-19,”6 which by then included the MCC, after several inmates already tested positive. The MCC also failed to implement this policy: no fewer
than 11 inmates report that the MCC engaged in only sporadic symptom and temperature checks, a failure the MCC now at least partially concedes.7 The MCC also substantially failed to
1 Indeed, a prison official can violate the Eighth Amendment even when following a generally acceptable policy. See Johnson v. Wright, 412 F.3d 398, 404 (2d Cir. 2005); Martinez-Brooks, 2020 WL 2405350, at *23 n.25. 2 ECF No. 66-1, Mar. 26, 2020 Matevousian Mem., at 13. 3 See ECF No. 53, Mem. of Law In Support of Mot. for Prelim. Inj. (“P.I. Mot.”), App’x A. 4 Even earlier, on March 13, 2020, BOP directed its prisons to test and isolate symptomatic inmates with “exposure risk factors,” which would appear to encompass medically vulnerable inmates such as those packed together on 11 South. ECF No. 66-1, Mar. 13 Matevousian Mem., at 9. The MCC failed to do so. 5 ECF No. 54-32, Quarantine Isolation Flowsheet (reflecting 6 of 34 isolated inmates tested before release). 6 ECF No. 66 Ex. 1 at 20. 7 See ECF No. 53, P.I. Mot., App’x A; Resp. Opp. at 9-10 (admitting that staff did not always ask inmates whether they were suffering COVID-19 symptoms); Ex. 72-1 Rebuttal Decl. of Dr. Homer S. Venters, ¶¶ 13-16.
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implement BOP policies on contact tracing, investigating only a handful of the more than 40 staff positive cases.8
The list goes on: the MCC also failed out carry out its own policies on PPE,9 hygiene,10 and sanitation,11 despite being fully aware of these policies and even though such failures
exacerbated the substantial risk of serious harm to inmates. The fact that the MCC’s management
now claims to have been unaware of the widespread policy violations happening right in front of
them merely underscores the deliberately indifferent manner in which they handled the crisis.12
The MCC’s deliberately indifferent failure to implement COVID-19 polices is no more
stark than in the context of release, where the MCC affirmatively flouted the Attorney General’s
mandates to “immediately” evaluate inmates for release by reassigning the staff responsible for
such evaluations. In fact, Associate Warden Edge testified that reassigning the staff to guard duty was unnecessary, contradicting the “staffing constraints” excuse in Respondent’s oppositio n. 13
See Resp. Opp. at 15–16. Such disregard of Attorney General Barr’s release directives has already
been found by another court to constitute deliberate indifference. See Martinez-Brooks, No. 2020
WL 2405350, at *26 (warden’s failure to implement the Attorney General’s directives violated the
Eighth Amendment).
8 ECF No. 54-1, Dr. Beaudouin Dep. Tr., at 119:13–19; see also id. at 117:12–118:12 (noting that “there are many more staff that needed some contact investigation who tested positive”). 9 Compare ECF 54-24 (Feb. 29, 2020 BOP Memo, at 3 (directing BOP facilities to “[e]stablish baseline PPE supplies for gloves, surgical masks, N-95 respirator masks, face shields and gowns” and “move to purchase additional supplies, as necessary”)) with ECF No. 53, P.I. Mot., at 17, 33 & sources cited therein. 10 See id. 11 See ECF No. 72-1, Rebuttal Decl. of Dr. Homer S. Venters at ¶¶ 27-29; compare ECF No. 66-1, Mar. 31, 2020 Matevousian Mem., at 20–21 (policy requiring cleaning supplies to be available to all inmates) with ECF No. 53, P.I. Mot., at 33 (listing declarants attesting to insufficient cleaning supplies). 12 See ECF 60-1, May 29, 2020 Letter from Warden Licon-Vitale, at 3 (“During the course of this litigation, I have learned that certain aspects of MCC operations have not proceeded as well as I had expected, and certain protocols have not always been followed.”). 13 ECF No. 54-2, Edge Dep. Tr., at 162:16–18; see also ECF No. 68-10, Hazlewood Dep. Tr., at 68:17– 69:21 (stating that the MCC received over thirty additional temporary staff in April).
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The overwhelming evidence of these widespread policy failures distinguishes this case from those cited in Respondent’s opposition. See Resp. Opp. at 32–34. In Baez v. Moniez, for example, the Court noted that the “only . . . evidence the petitioners ha[d] offered” to rebut evidence of certain policies’ effectiveness was “several . . . attorneys’ affidavits that detainees ha[d] observed many employees not wearing masks” and that such affidavits also merely “dispute[d] the particulars” of other policies. No. 20-cv-10753-LTS, 2020 WL 2527865, at *7 n.9, *8 (D. Mass. May 18, 2020) (emphasis added). By contrast, Petitioners have offered more than 30 declarations from inmates (including deposition testimony from several), which are corroborated by Dr. Venters’ report, documentary evidence, and in many instances MCC management’s own statements, demonstrating that critical policies were repeatedly not followed. Likewise, Swain v. Junior (a split decision) involved policies that were merely “not uniformly enforced,” a far cry from the serious policy violations here. 958 F.3d 1081, 1089 (11th Cir. 2020).
The MCC also argues that Petitioners cannot show that measures they seek are mandated by the Constitution. Resp. Opp. at 26. But this argument confuses the issue of what constitutes a constitutional violation (including the MCC’s failure to carry out its policies) with what an appropriate remedy may be. Petitioners do not argue that the MCC’s failure to adopt measures proposed by Petitioners is itself a constitutional violation; rather, Petitioners argue that the remedies they propose are properly tailored to the constitutional violation, and that this Court can and should adopt them in fashioning relief. See, e.g., Preston v. Thompson, 589 F.2d 300, 303 (7th Cir. 1978) (upholding relief requiring prison to provide showers and recreation time; “[t]he fact that these elements of the relief package may go beyond the constitutional minimum does not mean that the court lacks the authority to order them to remedy a constitutional violation”).
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B. Evidence of Unconstitutional Conditions of Confinement Is Overwhelming. The MCC takes a passing shot at supposed inconsistencies in evidence submitted by three of the 33 inmate declarants. These credibility challenges fall short, particularly against the backdrop of the overwhelming evidence—much of it conceded by the MCC—that its response to the initial outbreak of COVID-19 in late March and April was horrendous. The scope of the MCC’s concessions are significant. While claiming in her May 1 submission to the Court that inmates reporting COVID-19 symptoms received prompt attention,14 she now admits that “inmate email requests for medical attention did not receive timely responses for several weeks.” Resp. Opp. at 31. In fact, the MCC’s mishandling of sick call requests— which included delays of over a month in some cases—came at a critical time, when the virus spread through 11 South due to the packed conditions and failure to isolate sick inmates.15 See, e.g., Seth v. McDonough, No. 8:20-cv-01028 (PX), 2020 WL 2571168, at *7 (D. Md. May 21, 2020) (finding likelihood of Eighth Amendment violation in case where, “[d]uring [an] outbreak, sick call requests went ignored”). Likewise, Respondent now admits that, contrary to the May 1 submission, the MCC did isolate sick inmates on the concrete beds of the punitive Special Housing Unit (Resp. Opp. at 8), thus discouraging other inmates from reporting their symptoms. See Banks v. Booth, No. CV 20-849 (CKK), 2020 WL 1914896, at *10 (D.D.C. Apr. 19, 2020) (concluding that prison officials acted with deliberate indifference in COVID-19-related case, noting that “punitive conditions for those in isolation are not acceptable” and “make it more likely that inmates will hide their symptoms to avoid the potential for isolation and continue to infect others in the general population”).
14 ECF 23, May 1, 2020 Resp. Letter to Court, at 4. 15 ECF No. 72-1, Rebuttal Decl. of Dr. Homer S. Venters at ¶¶ 7–10.
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Other gross deficiencies, whether admitted or not, are established by the large number of inmates submitting declarations attesting to them, in great detail. 28 inmates report that sick inmates were left in their cells rather than isolated.16 21 inmates confirm the inadequate supply of soap, which is no trivial matter in the midst of a pandemic.17 See, e.g., Mays, 2020 WL 1812381, at *11 (issuing TRO where defendant failed to “ensure the provision of sufficient soap to detainees (let alone that it is being provided free of charge . . . )”). And over 30 inmate declarations, in addition to Dr. Venters’ report, reveal widespread deficiencies in sanitation practices, including the failure to disinfect common high-touch surfaces.18
Against this backdrop, Respondent’s quibbles with three of the declarants’ statements would hardly move the needle, even if the criticisms were valid. And they are not.
Contrary to the MCC’s argument that Mr. Fernandez-Rodriguez falsely claimed he did not have access to an inhaler in the aftermath of a pepper-spray induced asthma attack, the deposition testimony makes clear that Mr. Fernandez-Rodriguez admitted he had access to an inhaler at other times—just not in the aftermath of the incident, when he was handcuffed and left lying on his stomach.19 Mr. Fernandez-Rodriguez’s inability to give precise dates for his symptoms is completely understandable; as he explained: “[W]e’re in a cell. We’re locked down. Days go by, and we don’t even know what day it is. We only come out 50 minutes of a day.”20 And, contrary to Respondent’s claim, he denied that he was experiencing symptoms “right now.”21
The MCC’s suggestion that Mr. Woodson had no serious medical issues other than asthma is flatly contradicted by the MCC’s own records, which indicate that Mr. Woodson received
16 See ECF No. 53, P.I. Mot., App’x A. 17 See ECF No. 53, P.I. Mot., App’x A. 18 See ECF No. 53, P.I. Mot., at 17–18, App’x A & sources cited therein. 19 ECF No. 68-12, Fernandez-Rodriguez Dep. Tr., at 39:11–40:3. 20 ECF No. 68-12, Fernandez-Rodriguez Dep. Tr., at 59:23–25. 21 ECF No. 68-12, Fernandez-Rodriguez Dep. Tr., at 60:1–2, 61:1–7.
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medication for HIV and hyperthyroidism as well. The MCC’s claim that Mr. Woodson is not credible because no sick call records reflect that he reported symptoms in March is entirely uncompelling, given its admission that it destroyed records of paper sick call requests and didn’t keep records of oral sick call requests at all.22 In any event, MCC records confirm he reported his symptoms in April.
Finally, the MCC’s arguments concerning Mr. Sucich are puzzling, as they attempt to challenge his credibility on one issue (whether he reported symptoms) while relying on other parts of his testimony as proof that conditions at the jail have improved since early April. Regardless, Mr. Sucich conceded that he did not know why the nurse’s notes stated that he did not report his symptoms, and testified consistently and credibly both that he was sick and that he did report his symptoms. 23
In any event, the supposedly inconsistent statements of three of the 33 declarants is hardly compelling proof of anything.24 The MCC does not even attempt to rebut the declarations or deposition testimony of Petitioners Mr. Galvez-Chimbo or Ms. Hatcher, let alone the declarations from 28 other inmates, who collectively provide a consistent and compelling account of the MCC’s failed response to the outbreak of COVID-19 in March and April—an account in large part corroborated by documentary evidence and MCC employees’ own deposition testimony and concessions. And the MCC’s excuse that it “lacked the time” to seek to rebut other inmate declarations rings hollow. Resp. Opp. at 28. The MCC knew of Petitioners’ identities from the start; Petitioners’ counsel identified additional inmate witnesses on a daily basis; and the MCC has
22 ECF No. 54-1, Dr. Beaudouin Dep. Tr., at 218–220:17. 23 ECF No. 68-15, Sucich Dep. Tr., at 27:20–29:6. 24 Respondent also suggests that 33 inmate declarations ought be discounted because they were “crafted by attorneys.” Resp. Opp. at 28. To be clear, the declarations of these inmates (who were in lockdown status) were drafted based on the detailed accounts they provided to counsel. We presume the declarations offered by Respondent were drafted in like fashion.
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had access to each inmate’s medical records. Moreover, Respondent’s counsel decided to cancel three inmate depositions and did not depose any non-party inmates other than Mr. Sucich, despite receiving an additional week from the Court to do so. In these circumstances, the MCC’s failure to rebut Petitioners’ overwhelming evidence only reinforces its reliability and force. II. PRELIMINARY INJUNCTIVE RELIEF IS NECESSARY TO REMEDY THE
CONSTITUTIONAL VIOLATIONS. Respondent’s principal argument against the imposition of remedial measures is that the MCC has now committed to corrective action to address what she refers to as “lapses” and “deficiencies” in the MCC’s COVID-19 response. Resp. Opp. at 18, 30. Many of these promised changes track the targeted relief Petitioners seek. The Court’s oversight will ensure that these largely agreed-upon reforms are actually carried out. A. Post-Litigation Remedial Measures Do Not Reduce the Need for Injunctive
Re lie f. It is well settled that corrective actions undertaken only after litigation has commenced do not negate the need for injunctive relief. As this Court itself recently observed, “a court’s power to grant injunctive relief survives discontinuance of the illegal conduct” where there remains a “cognizable danger of recurrent violation.” United States v. Hakim, No. 18 Civ. 5726 (ER), 2020 WL 2751020, at *9–10 (S.D.N.Y. May 26, 2020) (citing States v. W.T. Grant Co., 345 U.S. 629, 633 (1953)). In determining whether injunctive relief is warranted, a court can look to “all the circumstances” of the case including, but not limited to the “bona fides of the expressed intent to comply,” “the effectiveness of discontinuance,” and “the character of the past violations.” Id. (citing E.E.O.C. v. KarenKim, Inc., 698 F.3d 92, 100 (2d Cir. 2012) (per curiam)). The
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circumstances here establish a pronounced risk that the MCC will fail to effectively manage the ongoing pandemic absent ongoing judicial supervision.
The timing of Respondent’s expressed intention to cure admitted deficiencies bears particular emphasis. When this lawsuit was filed, Respondent resisted any form of judicial scrutiny, even an inspection, insisting in her May 1 letter that deficiencies the MCC now promises to correct did not exist. Now that discovery has disproved many of those assertions, Respondent promises in a new letter, filed on the eve of the preliminary injunction hearing (the “May 29 Letter”), that the MCC is “implementing” the necessary “corrective action” and that a court order is not needed as a result.25 But the changes Respondent highlights in the May 29 Letter have largely been implemented “over the past several weeks,” i.e., subsequent to the initiation of this lawsuit.26 Indeed, Respondent’s memorandum to MCC staff “setting forth [her] expectations with regard to . . . COVID-19 related issues”27 was also issued only on Friday, May 29, 2020,28 the same date Respondent’s opposition was filed.
Courts should be skeptical of corrective action taken in “an attempt to avoid judicial resolution of the controversy.” Yassky v. Kings Cty. Democratic Cty. Comm., 259 F. Supp. 2d 210, 215 (E.D.N.Y. 2003). As this Court recently emphasized, it is important to be “particularly cautious when faced with corrective measures that appear to take place in anticipation of or in reaction to legal action.” Hakim, 2020 WL 2751020, at *9–10. Indeed, making remedial efforts just “before the court was scheduled to hold a preliminary injunction hearing” can be “an attempt to avoid judicial resolution of the controversy and not the type of voluntary cessation of challenged activity that calls for the court to stay its hand.” Yassky, 259 F. Supp. 2d at 215.
25 ECF No. 60-1, May 29, 2020 Letter, at 3, 5. 26 ECF No. 60-1, May 29, 2020 Letter, at 3. 27 ECF No. 60-1, May 29, 2020 Letter, at 4. 28 ECF No. 60-2, May 29, 2020 Mem. from Warden Licon-Vitale.
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A “past record of noncompliance is an important indicator of the likelihood of recurrent violation.” Hakim, 2020 WL 2751020, at *9–10. Left to its own devices, the MCC utterly failed to meet the constitutional obligations owed to those in its charge. Respondent admits the MCC made no preparations for COVID-19 until the latter part of March, despite repeated inquires by the Chief Judge of this district beginning in early March about the MCC’s plans.29 The result was near disaster when the pandemic hit on March 23, sending some of its sufferers to convalesce on cold concrete beds in a Special Housing Unit that the United Nations Special Rapporteur on Torture has criticized as inhumane30 while the rest, untreated, spread the disease to an estimated 75–150 inmates in the 11 South dorms and across the rest of the institution.31 And even though this near disaster was caused in part by overcrowding, the Warden’s response was to reassign to other posts the personnel responsible for fulfilling the Attorney General’s mandate to expedite home confinement consideration.32 It is this lawsuit, and the judicial attention that followed, that has turned the MCC’s full attention to the serious failings it was denying as recently as May 1.
Indeed, improvements that the MCC has implemented to date have in large part been driven by the judicial scrutiny this lawsuit affords. At the April 29, 2020 conference, this Court instructed Respondent’s counsel to detail what the MCC was doing with respect to reducing the prison population.33 In the May 1 Letter that followed, Respondent reported that the MCC had responded to only eight of the “65–70” compassionate release applications received since the onset
29 ECF No. 54-2, Edge Dep. Tr., at 22:8–21; see also ECF 54-7, Licon-Vitale Dep. Tr., at 19:15–18; 22:8– 13. 30 This housing unit was described by the United Nations Special Rapporteur on Torture as a “punitive measure that is unworthy of the United States as a civilized democracy.” Sally Eberhardt & Jeanne Theoharis, Five Years Ago, Obama Pledged to End Torture. He Still Hasn’t, The Nation (Jan. 22, 2014), https://www.thenation.com/article/archive/five-years-ago-obama-pledged-end-torture-he-still-hasnt/. 31 ECF No. 53, P.I. Mot. at 17. 32 ECF No. 54-2, Edge Dep. Tr., at 153:11–154:25, 155:2–5. 33 Tr. of April 29, 2020 Teleconference, at 35.
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of the pandemic, that none of the 20 sentenced inmates deemed at-risk to COVID-19 had been reviewed for home confinement eligibility, and that it would take at least two weeks before this backlog was cleared.34 After the Court asked at the May 4, 2020 conference why “precious little has happened” with respect to release, Respondent quickly offered an accelerated timeline, some of which was completed in a matters of days.35 Similar improvements to the sick call system, symptom checks and sanitation likewise came only after this lawsuit was filed, and, as to those, the Court has only Respondent’s assurance that they are occurring and will continue to occur.
The Court’s continued monitoring is particularly crucial because the pandemic is far from over. While Respondent depicts a crisis mostly in the rearview mirror, Resp. Opp. at 37, the threat posed by COVID-19 remains dire. People throughout New York City continue to be stricken with COVID-19: thousands are still diagnosed with the disease, and hundreds die from it, each week.36 And, based on scientific consensus, the threat posed by COVID-19 is likely to surge again in the future. As noted by Dr. Venters in his rebuttal report, “[p]revailing epidemiological research . . . establishes that COVID-19 will continue to fall and rise in waves . . . .”37 The CDC has even raised the possibility that “the assault of the virus on our nation next winter will actually be even more difficult than the one we just went through.”38
34 ECF No. 23, Resp.’s May 1, 2020 Letter at 6-9; ECF 24, Petitioners’ May 4, 2020 Letter at 7–11. 35 Tr. of May 4, 2020 Teleconference, pp. 34-35. 36 New Reported Cases and New Reported Deaths by Day in New York City, N.Y Times, https://www.nytimes.com/interactive/2020/nyregion/new-york-city-coronavirus-cases.html. 37 ECF No. 72-1, Rebuttal Decl. of Dr. Homer S. Venters at ¶¶ 4, 32. 38 See Lena Sun, CDC director warns second wave of coronavirus is likely to be even more devastating, The Washington Post (Apr. 21, 2020), https://www.washingtonpost.com/health/2020/04/21/coronavirussecondwave-cdcdirector/; see also Swain v. Junior, No. 1:20-CV-21457-KMW, 2020 WL 2078580, at *20 n.24 (S.D. Fla. Apr. 29, 2020). Dr. Marc Lipsitch, epidemiology professor at the Harvard T.H. Chan School of Public Health and director of the Center for Communicable Disease Dynamics, predicts that “the usual pattern of coronaviruses is likely [to] continue with new transmission peaking in November and cases peaking in December.” Len Strazewski, Harvard Epidemiologist: Beware COVID-19’s Second Wave This
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Correctional facilities, such as the MCC, will be particularly vulnerable to further waves of the virus. The MCC cannot close itself off. Staff members, 45 of whom have tested positive to date, Resp. Opp. at 7, come into the facility on a daily basis from the community. The MCC has continued to accept new detainees from the community and transfers from other facilities— including the Queens Detention Facility, where 39 inmates have tested positive.39 In addition, to the extent visitor restrictions are eased and court appearances resume, inmates and staff will come into greater contact with those from the outside world who might transmit the disease. Once the virus is inside the MCC, the risk of transmission remains intrinsically high, given the crowded conditions and impracticability of social distancing.40 As Dr. Venters observes, it is “vital that the MCC addresses the systemic failings that gave rise to the initial spread of COVID-19 within the jail and the illness of many inmates . . . if it is to address subsequent outbreaks.”41
B. The Relief Sought Is Reasonable And Well-Tailored to Remedy the Violation.
Respondent argues that Petitioners are seeking remedies going well beyond BOP policies or established medical guidance. But Petitioners are not. Most of what Petitioners seek is simply that the MCC actually carry out the policies it professes to honor. And to the limited extent Petitioners seek further remedial measures, they are narrowly tailored to address demonstrated deficiencies in the MCC’s response to date, and well within the Court’s authority to grant.
Fall, AMA (May 8, 2020), https://www.ama-assn.org/delivering-care/public-health/harvardepidemiologist-beware-covid-19-s-second-wave-fall. 39 Letter from William Zerillo, Facility Administrator of the Queens Detention Facility, to Chief Judge Roslynn R. Mauskopf (May 28, 2020), https://www.nyed.uscourts.gov/pub/bop/ QDF_20200529_093252.pdf. 40 ECF No. 72-1, Rebuttal Decl. of Dr. Homer S. Venters at ¶ 4 41 ECF No. 72-1, Rebuttal Decl. of Dr. Homer S. Venters at ¶4; see also id. at ¶ 32.
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Appendix A to this brief is a color-coded version of Petitioners’ request for relief (ECF No. 50, Appendix A), identifying whether and to what extent the relief Petitioners seek is (1) already mandated by BOP or MCC policy, or that the MCC has otherwise agreed to (green) or (2) allegedly unauthorized by BOP policy (red), or for which (3) BOP policy is silent (black). This reveals that the vast majority of Petitioners’ requests are already required under BOP or MCC policy, a number of which Respondent has only recently committed to implement. For example, Petitioners request that the MCC test all symptomatic inmates in accordance with BOP guidelines,42 conduct contact tracing for symptomatic staff and inmates,43 provide inmates with masks and free sanitation supplies,44 and promptly address requests for compassionate release.45 Such relief will create no additional burden; it only will reinforce actions that the MCC should have been taking since day one.
The substantive relief not specifically mandated by BOP policy—reflected in black text in Appendix A—is hardly onerous, and well-tailored to the particulars of the health emergency here. See Milliken v. Bradley, 433 U.S. 267, 281–82 (1977) (“Once invoked, the scope of a district court's equitable powers to remedy past wrongs is broad, for breadth and flexibility are inherent in equitable remedies.” (internal quotation marks omitted)); Preston, 589 F.2d at 303 (upholding prison-conditions injunction and noting that the specific elements of a relief package “may go beyond the constitutional minimum”).
For example, while BOP policy may not affirmatively require that vulnerable asymptomatic inmates be tested for COVID-19 (see Resp. Opp. at 26), it certainly does not
42 ECF 61-18, Guidance for Abbott ID Now COVID-19 Point of Care Testing, at 2. 43 ECF No. 60-2, May 29, 2020 Letter, at 2. 44 ECF No. 60-2, May 29, 2020 Letter, at 3. 45 ECF No. 54-21, Mar. 26, 2020 A.G. Barr Memo; and ECF No. 54-22, Apr. 3, 2020 A.G. Barr Memo; ECF No. 54-39, May 8, 2020 Letter from Hugh Hurwitz, at 1.
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prohibit such testing, and even proclaims in public statements that testing of asymptomatic inmates “will assist the BOP in slowing transmission”46 and that “asymptomatic inmates in open housing . . . with a diagnosed case of COVID-19” are a high priority for testing.47 Similarly, while the BOP does not require that inmates be removed from dormitory units, there is no evidence of BOP
policy preventing such a sensible reduction of population density. Surely, if the MCC can, as it represents, hold over 650 individuals in two-person cells (Resp. Opp at 4) and currently has 688
inmates in the facility, reduction in the population of 11 South (with over 100 inmates) is hardly out of reach.48 Likewise, professional cleaning of the MCC would not interfere with responsibilities of inmate orderlies;49 rather, such cleaning would only enhance sanitation at a time when it is of the utmost importance in a facility suffering from mold, leaks and a serious vermin infestation. 50
As for the handful of measures (in red on Appendix A) that Respondent insists cannot be
implemented, the Court could easily fashion alternative relief addressing many of the same measures. For example, the MCC states that its medical staff is “unable” to test MCC staff for
COVID-19, Resp. Opp. at 26, without explaining why. In any event, the Court could inquire as to the viability of other measures that would accomplish the same goal, such as testing staff who
46Bureau of Prisons, BOP Expands COVID-19 Testing, https://www.bop.gov/resources/news/ 20200424_expanded_testing.jsp. 47ECF 61-18, Guidance for Abbot ID Now COVID-19 Point of Care Testing, at 2. 11 South, where most vulnerable inmates are housed in an open dormitory where multiple individuals have tested positive for COVID-19. 48 The Eleventh Circuit case that Respondent cites regarding dormitory housing is easily distinguishable. In Swain v. Junior, the facility implemented numerous protective measures designed specifically to protect inmates in dormitories and the only outstanding issue was inmates’ ability to engage in social distancing. 958 F.3d 1081, 1089–90 (11th Cir. 2020). Here, the dormitory unit was the source of the first outbreak of COVID-19 at the MCC and the MCC, by its own admission, conducted deficient symptom screening which led to the dangerous spread of the virus among inmates left in the unit. 49 ECF No. 60-1, May 29, 2020 Letter, at 6. 50 ECF No. 68-11, Dep. Tr. Licon-Vitale at 84:24-85:5; 85:16-87:2.
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consent to the test. Likewise, the MCC’s claim that it cannot report positive test results to an inmate’s family member or counsel (Resp. Opp. at 26–27) can easily be overcome if the inmate provides consent.
While Respondent opposes the appointment of a monitor, the necessity of some form of outside supervision has been amply demonstrated. The MCC has repeatedly failed to implement BOP policies. Progress has come largely as a result of this lawsuit. The Court-ordered inspection, together with other discovery, demonstrated that Respondent’s initial report to the Court was inaccurate in key respects. None of these events inspires confidence that Respondent’s last-minute assurance she "fully appreciate[s] the importance of the issues in this lawsuit"51 can be accepted at face value, without judicial oversight.
The authority of courts to appoint a monitor in order to ensure compliance with injunctive relief measures is well-established in this Circuit. C.D.S., Inc. v. Bradley Zetler, CDS, LLC, 190 F. Supp. 3d 375, 378 (S.D.N.Y. 2016) (appointing a special master to “monitor compliance with the preliminary injunctive relief ordered by the Court”), aff'd, 691 F. Appx. 33 (2d Cir. 2017); see also Benjamin v. Schriro, 370 Fed.Appx. 168, 171–72 (2d Cir. 2010). Respondent argues that appointment of a monitor “is not permitted under [Section 3626 of the Prison Litigation Reform Act]” but, for the reasons stated in Petitioners’ opposition to the partial motion to dismiss, Section 3626 does not apply to this action.52 Further, the sole Second Circuit case cited by Respondent simply held that a special master’s mandate must be “narrowly drawn” to the task at hand. See Webb v. Gourd, 340 F.3d 105, 111 (2d Cir. 2003). Likewise, neither of the Eleventh Circuit cases cited by Respondent (Resp. Opp. at 40-41) addresses Fifth or Eighth Amendment violations, nor do they affirmatively rule that a monitor may not be appointed. In any event, the PLRA’s
51 ECF No. 60-1, May 29, 2020 Letter, at 7. 52 ECF No. 57, Petitioners’ Mem. of Law in Opp. to Respondent’s Mot. to Dismiss, at 5–8.
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requirements apply only to special masters, not an independent monitor. See Handberry v. Thompson, 446 F.3d 335, 352 (2d Cir. 2006) (explaining that because monitors’ reports merely “aid[] the court in assessing compliance efforts, the [monitor] [does] not exercise ‘quasi-judic ia l power’ and [is] therefore not a special master”). Petitioners request only that a monitor be appointed to oversee, verify and report on Respondent’s compliance with this Court’s order, not sit as a “super-warden” and second-guess day-to-day decision making.
C. There is Ample Legal Authority for Injunctive Relief. While Respondent implies that preliminary injunctive relief in this case would be extraordinary, the reality is that federal courts across the United States have issued preliminary injunctions directing federal correctional facilities to protect detainees from COVID-19. With respect to release-related relief, the court in Wilson ordered prison officials at FCI Elkton to evaluate medically vulnerable inmates’ eligibility for transfer out of the facility “through any means, including but not limited to, compassionate release, parole or community supervision, transfer furlough, or non-transfer furlough within two [] weeks.” 2020 WL 1940882, at *10. The Sixth Circuit and Supreme Court denied the prison’s request to stay this injunction, see Wilson, 2020 WL 2644305 (U.S. May 26, 2020); Wilson, No. 20-3447 (6th Cir. May 4, 2020), ECF No. 23-2, the district court granted a motion to enforce the injunction by eliminating certain factors in the release-review process, see Wilson, 2020 WL 2542131, at *4 (N.D. Ohio May 19, 2020) (ordering prison to make “full use of the home confinement authority beyond the paltry grants of home confinement it has already issued” and to “eliminate” and “disregard” certain factors in that review, including length of sentence served, citizenship, and denials based solely on a low PATTERN risk score), and today the Sixth Circuit denied the warden’s motion to stay the enforcement order, see Wilson, 20-3447 (6th Cir. June 1, 2020), ECF No. 46-2.
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In this Circuit, the Court in Martinez-Brooks v. Easter likewise ordered FCI Danbury to “adopt a process for evaluating inmates with COVID-19 risk factors for home confinement and other forms of release that is both far more accelerated and more clearly focused on the critical issues of inmate and public safety than the current process.” 2020 WL 2405350, at *1. Similar to Petitioners’ request here (ECF No. 50, Mot. App. A) and the order in Wilson, the Court specifically ordered the prison to promptly implement a release-review process by relaxing or eliminating unnecessary requirements that impeded the prison’s full exercise of its release authority. See Martinez-Brooks, 2020 WL 2405350, at *33–34.
Courts also have ordered non-release relief of the kind sought here. See, e.g., Seth v. McDonough, No. 8:20-cv-01028 (PX) (D. Md. May 21, 2020), ECF No. 85 (ordering prison to promptly adopt and submit plans regarding training, educating, and supervising staff to identify symptoms, as well as proper medical care, sick call responses, and screening, among other relief); Cameron v. Bouchard, No. 20-10949 (E.D. Mich. May 1, 2020), ECF No. 94 (ordering prison to provide adequate hygiene and cleaning products and establish a plan for monitoring cleaning of common areas, among other relief), stay denied, 20-1469 (6th Cir. May 26, 2020), ECF No. 22-2; Mays, 2020 WL 1987007, at *36–37 (ordering measures similar to those in Cameron, supra); Banks, 2020 WL 1914896, at 15*; Banks, 20-cv-849 (CKK) (D.D.C. Apr. 19, 2020), ECF No. 50 (similar). 53
53 Respondent’s cases declining or staying injunctive relief are largely distinguishable and should not be followed. In Wragg v. Ortiz, unlike here, the petitioners made a “clear concession” that the prison did not act with subjective deliberate indifference and, without any Eighth Amendment violation, relief was of course not warranted. No. 20-cv-5496 (RMB), 2020 WL 2745247, at *21 (D.N.J. May 27, 2020). Likewise, in Valentine v. Collier, the Fifth Circuit reasoned in part that ordering a state prison to comply with its own laws and procedures would violate the Eleventh Amendment, a concern that is not relevant here since Respondent is the warden of a federal jail. See 956 F.3d 797, 802 (5th Cir. 2020); see also supra pp. 4–5 (distinguishing Baez v. Moniz and Swain v. Junior).
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In short, no fewer than six courts (including a court in this Circuit) have ordered relief similar to the measures requested here. This Court’s authority to order relief in this case is thus clear: it is well-supported by both the case law and the overwhelming evidence of unconstitutiona l conditions posing a threat to inmate health and well-being. III. The Court Should Conditionally Certify the Proposed Class.
Respondent’s challenge to conditional class certification does not withstand scrutiny. The suggestion that the proposed class of MCC inmates is not ascertainable (Resp. Opp. at 42) is baffling. Respondent knows the identities of each of the 677 inmates currently housed at the MCC (Edge Decl. ¶ 6) and will know going forward whenever inmates arrive at or leave. See, e.g., A.T. v. Harder, 298 F.Supp.3d 391, 411 (N.D.N.Y. 2018) (class of inmates was readily identifiable); Clarkson v. Coughlin, 783 F. Supp. 789, 797 (S.D.N.Y. 1992) (“fluid composition” of prison population makes class treatment more, rather than less, appropriate in civil rights cases).
Nor can there be any serious dispute about common questions or typicality. The thrust of this motion is that the MCC has violated inmates’ constitutional rights by subjecting them to systemically dangerous conditions. This is plainly a significant common question that affects all class members and is sufficient to support class certification. See, e.g., K.A. v. City of New York, 413 F. Supp. 3d 282, 302 (S.D.N.Y. 2019) (common questions existed in action alleging that prison policies deprived inmates of constitutional rights by subjecting them to dangerous conditions). In addition, although even a single common question suffices, see id. (citing Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 359 (2011), Petitioners are also asserting in their motion that the MCC has failed to exercise its existing authority to evaluate the possibility of home confinement, compassionate release, furlough, and other release measures for eligible inmates. The exercise of that authority is a common question for purposes of this motion, even if particular release determinations for particular inmates—which Petitioners are not seeking on this motion—will
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depend on individual circumstances. See Martinez-Brooks,2020 WL 2405350, *30 (constitutiona l issues concerning policies and process for evaluating home confinement and compassionate release were common questions warranting class certification; individualized circumstances of each application were not relevant because court was not being asked to rule on the propriety of the Warden’s determinations as to any particular inmate).
The MCC also argues that the severity of inmates’ injuries may differ.54 But this is a red herring, because Petitioners are seeking class-wide injunctive relief under Rule 23(b)(2), focusing on generally applicable prison conditions and policies. There is no claim for damages in this case, and Petitioners are not proposing a class under Rule 23(b)(3) that would require individualized damages determinations. Civil rights cases like this one are “prime examples” of the appropriate use of Rule 23(b)(2), and courts have already certified or conditionally certified similar classes of inmates seeking injunctive relief to remedy failures to properly manage the COVID-19 pandemic. 55
CONCLUSION For the foregoing reasons, Petitioners respectfully request that the Court grant Petitioners’ Motion for a Preliminary Injunction and order the relief set forth in Appendix A to their Notice of Motion, as well as any other relief that the Court deems just and proper.
54 See Resp. Opp. at 42-43. 55 See Dukes, 564 U.S. at 361; Wilson, 2020 WL 1940882, at *8; Martinez-Brooks, 2020 WL 2405350, at *29–31; see also Rivas v. Jennings, 20 Civ. 02731 (VC), 2020 WL 2059848, at *1, *4 (N.D. Cal. Apr. 29, 2020) (granting conditional class certification and preliminary relief regarding immigration detention conditions during the COVID-19 pandemic).
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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 25 of 36

Dated: June 1, 2020 New York, New York

COVINGTON & BURLING LLP
By: s/ Arlo Devlin-Brown Arlo Devlin-Brown Andrew A. Ruffino Alan Vinegrad Timothy C. Sprague The New York Times Building 620 Eighth Avenue New York, New York 10018 T: (212) 841-1000 E: adevlin-brown@cov.com
aruffino@cov.com avinegrad@cov.com tsprague@cov.com
Attorneys for Petitioners

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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 26 of 36

APPENDIX A Policy Support for Preliminary Injunction Relief Requested56

TESTING: The following categories of people shall be tested: Relief Requested
All inmates upon admission, with newly admitted inmates who report or are determined to have COVID-19 symptoms (as identified by the CDC) but have a COVID-19 negative test result re-tested, with the second test sent to a commercial laboratory

Support MCC Memo57 at 1

All symptomatic inmates (with two consecutive COVID-19 negative test results required to discharge an inmate from isolation)

MCC Memo at 1

Notes

All inmates who were in close contact with an inmate who has tested positive for COVID-19 or has COVID-19 symptoms (“COVID-19 Inmates”)
All inmates under quarantine, before their release from quarantine

MCC Memo at 1
Beaudouin Decl.58 ၁ 20

56 Appendix A is a color-coded version of Petitioners’ request for relief (ECF No. 50, Appendix A), identifying whether and to what extent the relief Petitioners seek is (1) already mandated by BOP or MCC policy, or that the MCC has otherwise agreed to (green) or (2) allegedly unauthorized by BOP policy (red), or (3) where BOP policy is silent (black). 57 ECF No. 60-2, May 29, 2020 Memorandum from Warden Licon-Vitale. 58 ECF No. 61, Decl. of Dr. Robert Beaudouin ၁ 20.
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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 27 of 36

All inmates returning from civilian health care system visits or hospitalizations
All inmates vulnerable to COVID-19, as determined by the CDC

Guidance for Abbott ID Testing59

States that inmates returning from hospitalizations are an intermediate priority for testing; no mention of civilian health care visits Warden’s Letter at 660 states that “MCC cannot conduct COVID-19 testing of asymptomatic inmates who have not had close contact with symptomatic inmates unless it is authorized to do so by BOP policy.”

All staff who report or are determined to have COVID-19 symptoms

The BOP has noted that testing of asymptomatic
inmates “will assist the BOP in slowing transmission.” 61 Warden’s Letter DW%HDXGRXLQ 'HFODW၁ state that providing medical care/testing to BOP staff is not allowed.

All asymptomatic staff identified as being exposed to COVID-19 through the contact tracing described in Section II, to extent such staff return to the MCC within two weeks of exposure

Beaudouin Decl., Ex. 2262 at 2, states that the BOP is “unable to offer staff testing at the institution” but does not say it is prohibited. See above.

59 ECF No. 61-18, May 8, 2020 Guidance for Abbott ID Now COVID-19 Point of Care Testing. 60 ECF No. 60-1, May 29, 2020 Marti Licon-Vitale Letter to the Court. 61 Bureau of Prisons, BOP Expands COVID-19 Testing, https://www.bop.gov/resources/news/ 20200424_expanded_testing. js p. 62 ECF No. 60-22, May 18, 2020 BOP Coronavirus (COVID-19) Phase Seven Action Plan.
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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 28 of 36

CONTACT TRACING AND QUARANTINE Relief Requested
Contact tracing investigations will be carried out for close contacts of COVID-19 Inmates, or staff who have tested positive for COVID-19 or have COVID-19 symptoms (“COVID-19 Staff”), within two days.

Support MCC Memo at 2

The MCC shall promptly quarantine all inmates who have been in close contact with COVID-19 Inmates or COVID-19 Staff, in single cells where space permits.

MCC Memo at 2
Beaudouin Decl. ¶ 27

The MCC shall record and preserve the results of each contact tracing investigation.

BOP Quarantine Guidance 63 MCC Memo at 2

Notes

63 ECF No. 61-5, May 7, 2020 BOP Quarantine Guidance: New Admits, Contacts of COVID-19, and Pending Release. 3

Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 29 of 36

SYMPTOMS REPORTING, MONITORING, AND RESPONSE

Relief Requested

Support

Inmates shall be provided with the opportunity to report COVID- MCC Memo at 2

19 symptoms on at least a daily basis.

The MCC shall record and preserve each COVID-19-related sick Beaudouin

call request and response thereto.

deposition64 at 220

(3-4)

Medical personnel shall evaluate all inmates who report or are MCC Memo at 2

determined to have COVID19 symptoms within 24 hours of the

report or determination being made.

All inmates in a quarantine or isolation unit shall be evaluated for MCC Memo at 2

COVID-19 symptoms on a twice-daily basis.

BOP Quarantine

Checklist65

All inmates in the general population shall be evaluated for COVID-19 symptoms on a twice-weekly basis. Should any inmate in the general population test positive, daily symptom screening shall be conducted for all inmates at the facility, until no inmate tests positive for COVID-19 for at least two consecutive weeks.

MCC Memo at 2

Notes
Warden’s Letter at 6 states that she cannot authorize an increase in the monitoring of asymptomatic inmates beyond the current schedule of once a day for quarantined inmates, but the BOP Quarantine Checklist requires all inmates in quarantine to be screened twice daily. MCC Memo at 2 states that all inmates in general population will be screened on a once-aweek basis, with the exception of 11S (twiceweekly screening).

64 ECF No. 54-1, May 20, 2020 Dr. Robert Beaudouin Dep. Tr., 219:25-220:3-4. 65 ECF No. 61-4, May 7, 2020 Quarantine Checklist.
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ISOLATION AND TREATMENT OF COVID-19 PATIENTS

Relief Requested

Support

All COVID-19 Inmates shall be isolated in single cells in a

MCC Memo at 1

medically appropriate manner as soon as practicable, but in no

event later than 12 hours from either a positive test result or

awareness by medical personnel that an inmate has COVID-19

symptoms.

Isolation shall not occur in a setting normally used for punishment, such as the Special Housing Unit.

Medical monitoring, on a twice-daily basis, shall be conducted of all COVID-19 Inmates for the duration of their time in isolation. All COVID-19 Inmates shall be provided with sufficient blankets and clean drinking water. Counsel for, and one family member of, each COVID-19 Inmate shall be notified with 24 hours following an initial positive test result.

MCC Memo at 2

Notes Single cells recommended but not required by COVID-19 Isolation Infirmary Guidance.66
Warden’s Letter at 6 states that it is not the MCC’s intention to use the SHU for isolation, but that it may have to be used in the future as a “last resort.”
Respondent’s Opp. Brief67 at 26-27 states that this is inconsistent with medical privacy.

66 ECF No. 61-1, Apr. 19, 2020 COVID-19 Isolation Infirmary Guidance. 67 ECF No. 59, Respondent’s Opposition Brief.
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MASKS AND OTHER PPE Relief Requested
All inmates shall promptly be provided, free of charge, with masks effective for preventing transmission of COVID-19. If nonwashable surgical masks are distributed, each inmate shall receive a minimum of five masks per week. If washable cloth masks are distributed, each inmate shall receive a minimum of two properly fitting masks per week, and be provided adequate means to launder them or have them laundered.

Support MCC Memo at 3
COVID-19 Update - Use of Face Masks 68

Notes MCC Memo at 3 states that inmates have been provided with two cloth masks; the COVID-19 Update - Use of Face Masks states that all inmates are to be issued three cloth face masks and that prior to arrival of cloth face masks inmates are to be issued one surgical mask per week

All staff shall be required to wear N95 masks if they will be exposed to isolated or quarantined inmates, and surgical or cloth masks at all other times.

MCC Memo at 2

Petitioners no longer seek issuance of two new cloth masks each week, provided adequate laundering is available.

68 ECF 66-16, Apr. 6, 2020 Coronavirus (COVID-19) Update - Use of Face Masks. 6

Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 32 of 36

SANITATION AND HYGIENE SUPPLIES Relief Requested
All inmates shall be promptly provided, free of charge, with adequate sanitation supplies, including soap, paper towels, toilet paper, facial tissue, and disinfectant products effective against COVID-19, including cleaning spray and/or disinfecting wipes that can be used on the shared telephones, computer terminals, sinks, toilets, and shower handles. Each inmate shall have daily access to showers and weekly access to clean laundry.

Support MCC Memo at 2

Notes
Warden’s Letter at 6 states, “As for regular access to showers and laundry, such services are currently available to all inmates, but are curtailed to some degree during quarantines. We will continue to follow BOP procedures in that regard.”

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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 33 of 36

OVERCROWDING / RELEASE Relief Requested
The inmate population of 11 South, and each tier on 11 South, shall be reduced to 50% of capacity as soon as practicable but in any event within 30 days.

Support

All inmate requests for COVID-19-related compassionate release shall be decided within 14 days of receipt of the request. The results shall be reported to the Court and the Petitioners, indicating the inmates for whom the BOP will or will not seek compassionate release and, for those for whom it will not, the basis for not seeking compassionate release.

Warden’s Letter at 4

Notes Warden’s Letter at 6 states that MCC cannot agree to "arbitrary reduction" but will “discuss this matter with appropriate officials…and attempt to devise a solution to address this housing unit.” Warden’s Letter at 4 states will make “best efforts to review COVID-19-related requests … within 14 days, … and not more than 30 days.”

The MCC shall promptly adopt and implement a written policy (which shall be disclosed to Petitioners and the Court) that maximizes and accelerates the use of home confinement and residential re-entry center placements, consistent with the MCC’s legal authority, Attorney General Barr’s March 26, 2020 and April 3, 2020 directives, and BOP policies and guidance, and that takes into account the following:
a. the age and vulnerability of the inmate to COVID-19, in accordance with CDC guidelines;

Attorney General Barr’s March 26, 2020 Memorandum and April 3, 2020 Memorandum69
BOP Home Confinement Memo70

BOP Policy silent as to whether individual facilities can adopt and implement their own policies, consistent with BOP Policy.

b. the inmate’s prior criminal conduct shall not render the inmate ineligible;

c. a more than minimum PATTERN score shall not render the inmate ineligible;

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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 34 of 36

d. the percentage of the inmate’s sentence served shall not render the inmate ineligible;
e. an inmate’s gang activity not while in jail or prison shall not render the inmate ineligible; and
f. other factors, consistent with the BOP’s exercise of home confinement and residential re-entry center release authority to the maximum extent possible under the relevant statutes, regulations and BOP policies and guidance.

The MCC shall promptly adopt and implement a written policy (which shall be disclosed to Petitioners and the Court) that maximizes and accelerates the use of furlough placements, consistent with the MCC’s legal authority and BOP policies and guidance.

Warden’s Letter at 6 states MCC will not issue its own guidance; Demosthenes Decl.71 ¶ 56 states that the “MCC is beginning to review inmates whose sentences will soon be expiring, as well as those approved for release to home confinement, for furlough.”
"The current pandemic is considered an urgent situation that may warrant an emergency furlough under 570.32(b)(1) and 570.33(b). These regulations authorize a non-transfer emergency furlough if the inmate is otherwise deemed appropriate, even if he/she has been submitted for Home Confinement (HC)."72

69 ECF No. 54-21, Mar. 26, 2020 A.G. Barr Memo; ECF No. 54-22, Apr. 3, 2020 A.G. Barr Memo. 70 ECF No. 54-39, May 8, 2020 Matevousian Memorandum on Home Confinement. 71 ECF No. 65, Decl. of Schnahider Demosthenes ၁ 56. 72 ECF No. 54-34, Apr. 15, 2020 Brewer Memorandum on Furlough and Home Confinement at 1.
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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 35 of 36

Sufficient staff shall be assigned to review, in an expeditious manner, inmates’ eligibility for compassionate release, as well as placements in home confinement, residential re-entry centers, and furlough.

Warden’s Letter at 4 states appropriate staffing is in place.

The results of the foregoing policy adoptions and implementations shall be promptly reported to the Court and the Petitioners, indicating which inmates have and have not been released or recommended for release and, for those who have not, the basis for not releasing them or recommending them for release.

Warden’s Letter at 4 states that it will report on these items to the Court.

The MCC shall eliminate the 14-day pre-release quarantine requirement for inmates leaving the facility based on compassionate release, home confinement, residential re-entry center placement, or furlough, so long as the inmate has a place in which the inmate can safely quarantine and has tested negative for COVID-19.

Attorney General Barr’s April 3, 2020 Memorandum

Respondent’s Opp. Brief at 27 cites to the BOP Quarantine Guidance to say that removing the 14-day quarantine requirement would contradict BOP guidance, but Attorney General Barr’s April 3, 2020 Memorandum states that such a quarantine can also take place “in appropriate cases subject to your case-by-case discretion, in the residence to which the inmate is being transferred.”

REPORTING AND MONITORING Relief requested
Reports shall be submitted to the Court and Petitioners, every 10 days, describing Respondent’s compliance with this Order, including but not limited to the following information:

Support Warden’s Letter at 5

Notes States MCC will report on all nearly all of the points requested in the PI Relief, with exceptions noted in black.

a. number of inmates tested for COVID-19 and results of that testing;
b. number of staff tested for COVID-19 and results of that testing; c. number of inmates who have reported COVID-19 symptoms or
were found to have COVID-19 symptoms;

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Case 1:20-cv-03315-ER Document 74 Filed 06/01/20 Page 36 of 36
d. number of inmates in quarantine and in isolation and their respective locations within the facility;
e. information regarding sick calls, including the times elapsed between calls and subsequent visits by medical personnel;
f. information regarding PPE and hygiene supplies provided to inmates;
g. information regarding cleaning of the facility; and h. number of inmates considered for release on home
confinement, to residential reentry centers, on furlough or based on compassionate release, the results, and the basis for any denials. The Court shall appoint an Independent Monitor to oversee implementation of the Court’s Order and to make recommendations to the Court regarding actions to be taken at the MCC to mitigate the risk of COVID-19 and to otherwise comply with the Order.
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 Case 1:20-cv-03315-ER Document 59 Filed 05/29/20 Page 1 of 50

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
v.
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)

MEMORANDUM OF LAW IN OPPOSITION TO PETITIONERS’ MOTION FOR PRELIMINARY INJUNCTION

JEAN-DAVID BARNEA JESSICA JEAN HU ALLISON ROVNER
Assistant United States Attorneys - Of Counsel -

GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent 86 Chambers Street, 3rd Floor New York, New York 10007 Telephone: (212) 637-2679 Facsimile: (212) 637-2686

Case 1:20-cv-03315-ER Document 59 Filed 05/29/20 Page 2 of 50
TABLE OF CONTENTS PRELIMINARY STATEMENT….…………………………………………………………….1 BACKGROUND…………………………………………………………………………………3 I. MCC…………………………………………………………………………………………..3. II. History of COVID-19 at MCC……..…………………………………………………………4 III. BOP and MCC Policies to Address COVID-19………...…………………………………….5
A. BOP Policies re COVID-19...………………………………………..……………………5 B. Inmate Cohorting, Quarantine, and Isolation……………………………..……………...7 C. Inmate Screening and Testing for COVID-19 Infection…………………………..……....8 D. Staff Screening for COVID-19 Infection………………………………………………....11 E. Hygiene, Cleaning, and Personal Protective Equipment……………………………..…12 F. Release of Inmates from MCC………………………………………………………..….15 G. The Warden’s Corrective Actions………………………………………………………..18 ARGUMENT………………...………………………………………………………………….21 I. Petitioners Are Not Entitled to Preliminary Injunctive Relief.………………………….19 A. Applicable Legal Standards………………………………………………………….......19
1. Standard for a Preliminary Injunction Against a Government Agency……………..19 2. Deliberate Indifference Under the Fifth and Eighth Amendments………………......21 B. Petitioners Are Unlikely to Succeed on the Merits of Their Claims……………………..24 1. MCC Policies and Practices Regarding Medical Care, Operations, and Hygiene
Accord with BOP Guidance and Constitutional Standards………….………………24 2. Inmate Allegations Regarding Conditions of Confinement and Medical Care
Lack Credibility…………………………………………………..…………..…………...28 3. Imperfect Execution of Appropriate Policies Due to Extraordinary Circumstances
Does Not Establish Deliberate Indifference…………….…….…………..…………...30 4. Petitioners Cannot Succeed on the Merits of Their Release-Related Claims………..35

Case 1:20-cv-03315-ER Document 59 Filed 05/29/20 Page 3 of 50 C. Petitioners Have Not Established They Will Suffer Irreparable Harm Absent Injunctive
Relief……………………………………………….…………………………………….36 D. Granting a Preliminary Injunction Is Not in the Public Interest……………..………….38 II. This Court Lacks Authority to Appoint an Independent Monitor…………..………….40 III. Petitioners Are Not Entitled to Provisional Class Certification……..…………….……41 CONCLUSION…………………………………………………………………………………44
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TABLE OF AUTHORITIES
Cases
Alleyne v. N.Y. State Educ. Dep’t, 516 F.3d 96 (2d Cir. 2008) ........................................................................................................ 19
Am. Freedom Def. Initiative v. Metro. Transp. Auth., 815 F.3d 105 (2d Cir. 2016) ...................................................................................................... 21
Baez v. Moniz, Civ. No. 20-10753-LTS, 2020 WL 2527865 (D. Mass. May 18, 2020) ................................... 33
Charles v. Orange County, 925 F.3d 73 (2d Cir. 2019) .................................................................................................. 22, 23
Cuoco v. Moritsugu, 222 F.3d 99 (2d Cir. 2000) ........................................................................................................ 21
Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017) ............................................................................................ 21, 22, 23
Farmer v. Brennan, 511 U.S. 825 (1994) ................................................................................................ 21, 22, 23, 28
Freedom Holdings, Inc. v. Spitzer, 408 F.3d 112 (2d Cir. 2005) ...................................................................................................... 19
Granny Goose Foods, Inc. v. Teamsters, 415 U.S. 423 (1974) .................................................................................................................. 20
Grinis v. Spaulding, No. CV 20-10738-GAO, 2020 WL 2300313 (D. Mass. May 8, 2020) ..................................... 25
Hathaway v. Coughlin, 99 F.3d 550 (2d Cir. 1996) .................................................................................................. 22, 28
Helling v. McKinney, 509 U.S. 25 (1993) .................................................................................................................... 22
Holland v. Goord, 758 F.3d 215 (2d Cir. 2014) ...................................................................................................... 20
In re Flag Telecom Holdings, Ltd. Secs. Litig., 574 F.3d 29 (2d Cir. 2009) ........................................................................................................ 43
In re Fosamax Prods. Liability Litig., 248 F.R.D. 389 (S.D.N.Y. 2008)............................................................................................... 41
iii

Case 1:20-cv-03315-ER Document 59 Filed 05/29/20 Page 5 of 50
In re GSE Bonds Antitrust Litig., 414 F. Supp. 3d 686 (S.D.N.Y. 2020) ....................................................................................... 42
Int’l Gemmological Inst., Inc. v. Indep. Gemological Labs, Inc., No. 00 Civ. 4897, 2000 WL 1278179 (S.D.N.Y. Sept. 7, 2000)............................................... 20
Irvin v. Harris, 944 F.3d 63 (2d Cir. 2019) ........................................................................................................ 43
Jones v. Bergami, No. EP-20-CV-132-DB, 2020 WL 2575566 (W.D. Tex. May 21, 2020) ................................. 39
Levitt v. J.P. Morgan Secs., Inc., 710 F.3d 454 (2d Cir. 2013) ...................................................................................................... 41
Mazurek v. Armstrong, 520 U.S. 968 (1997) ............................................................................................................ 19, 20
Money v. Pritzker, No. 20-CV-2093, 2020 WL 1820660 (N.D. Ill. Apr. 10, 2020).......................................... 34, 36
Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010) .................................................................................................................. 20
N.Y. Progress & Prot. PAC v. Walsh, 733 F.3d 483 (2d Cir. 2013) ...................................................................................................... 19
Pesci v. Budz, 935 F.3d 1159 (11th Cir. 2019) ................................................................................................. 40
Plata v. Newsom, No. 01-CV-01351-JST, 2020 WL 1908776 (N.D. Cal. Apr. 17, 2020) .................................... 26
Prison Legal News v. Sec’y, Fla. Dep’t of Corr., 890 F.3d 954 (11th Cir. 2018) ................................................................................................... 40
Procunier v. Martinez, 416 U.S. 396 (1973) .................................................................................................................. 38
Roach v. TL Cannon Corp., 778 F.3d 401 (2d Cir. 2015) ...................................................................................................... 41
Robidoux v. Celani, 987 F.2d 931 (2d Cir. 1993) ...................................................................................................... 42
RQ Innovasion, Inc. v. Carson Optical, Inc., No. 19 Civ. 3886, 2019 WL 4359456 (E.D.N.Y. Aug. 21, 2019)............................................. 20
iv

Case 1:20-cv-03315-ER Document 59 Filed 05/29/20 Page 6 of 50
Ruggiero v. County of Orange, 467 F.3d 170 (2d Cir. 2006) ...................................................................................................... 35
Swain v. Junior, __ F. Supp. 3d __, 2020 WL 2078580 (S.D. Fla. Apr. 29, 2020) ............................................. 27
Swain v. Junior, 958 F.3d 1081 (11th Cir. 2020) .......................................................................................... 27, 33
Thakker v. Doll, No. 1:20-CV-480, 2020 WL 2025384 (M.D. Pa. Apr. 27, 2020) ....................................... 33, 37
Time Warner Cable v. Bloomberg L.P., 118 F.3d 917 (2d Cir. 1997) ...................................................................................................... 20
Turner v. Safley, 482 U.S. 78 (1987) .................................................................................................................... 38
Valentine v. Collier, 956 F.3d 797 (5th Cir. 2020) ..................................................................................................... 25
Vargas v. Viacom Int’l, Inc., 366 F. Supp. 3d 578 (S.D.N.Y. 2019) ................................................................................. 20, 21
Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) .................................................................................................................. 42
Webb v. Goord, 340 F.3d 105 (2d Cir. 2003) ...................................................................................................... 40
Wilson v. Seiter, 501 U.S. 294 (1991) .................................................................................................................. 22
Wragg v. Ortiz, __ F. Supp. 3d __, 2020 WL 2745247 (D.N.J. May 27, 2020) ................................................. 26
Statutes and Rules
18 U.S.C. § 3621..................................................................................................................... 35, 36
18 U.S.C. § 3626............................................................................................................... 35, 36, 40
Fed. R. Civ. P. 23 .............................................................................................................. 41, 42, 43
Other Sources
Luis Ferré-Sadurní & Maria Cramer, New York Orders Residents to Wear Masks in Public, N.Y. Times, Apr. 15, 2020 .................................................................................................... 14, 15
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Respondent Marti Licon-Vitale (“Respondent”), in her official capacity as Warden of the Metropolitan Correctional Center (“MCC”), by her attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, respectfully submits this memorandum of law in opposition to petitioners’ motion for a preliminary injunction, ECF No. 53 (“PI Mot.”).1 For the reasons explained herein, this Court should deny petitioners’ motion for preliminary injunctive relief.
PRELIMINARY STATEMENT Since the beginning of the COVID-19 epidemic, MCC has engaged in a herculean effort: preparing the prison facility for, and operating it through, the onslaught of a serious, potentially deadly infectious disease. This effort, though not without its challenges, has been a success. Despite being located in the city that is the worldwide epicenter of the disease, and despite having one fifth of its staff become infected with the virus—including the Warden—MCC has been able to operate effectively and maintain the health and safety of its inmates and staff. An early wave of infections passed through MCC in late March and early April; however, it was quickly contained. No inmates became seriously ill—only a handful were ever hospitalized and they were all quickly returned to the prison—and all have recovered. Prison records and inmate statements alike confirm that there are currently no active infections at MCC. Similarly, while approximately 45 members of MCC staff contracted the virus, many have
1 Attached to this memorandum are declarations from MCC Associate Warden Charisma Edge (“Edge Decl.”), MCC Acting Chief Medical Officer Robert Beaudouin, M.D. (“Beaudouin Decl.”), MCC Case Management Coordinator Schnahider Demosthenes (“Demosthenes Decl.”), MCC Human Resources Manager Neal Sandy (“Sandy Decl.”), Bureau of Prisons (“BOP”) Residential Reentry Manager Patrick McFarland (“McFarland Decl.”), Assistant United States Attorney Allison Rovner (“Rovner Decl.”)—which attaches various deposition transcripts, cited as “___ Dep.,” the initial and rebuttal expert reports of Rebecca Lubelczyk, M.D. (“Lubelczyk Rep.” and “Lubelczyk Rebuttal Rep.”), and certain other records—and Assistant United States Attorney Jean-David Barnea, which attaches a letter and a memorandum from Respondent MCC Warden Marti Licon-Vitale (“Licon-Vitale Ltr.” and “Licon-Vitale Memo”).

Case 1:20-cv-03315-ER Document 59 Filed 05/29/20 Page 8 of 50
returned to work, and there have been no new infections among staff in several weeks. Detailed policies and protocols, consistent with guidance from the Centers for Disease Control and Prevention (“CDC”), regarding cohorting, isolating, and quarantining of inmates, screening and testing of inmates for the virus, screening staff for the virus, cleaning and sanitizing common areas and high-touch surfaces, and providing personal protective equipment to staff and inmates, among other policies, have been implemented at MCC and have been refined to account for advances in the understanding of the disease as well as the prison’s ability to obtain certain resources and equipment.
That is not to say that MCC’s response has been perfect in every respect. In coping with chaotic outside conditions, absent and reassigned staff, and rapidly evolving guidelines, certain lapses did occur. However, directives from MCC management consistently reinforced precisely what BOP guidelines required. Moreover, the critical functions of MCC remained operational, including those necessary to protect staff and inmates against COVID-19. And perhaps most importantly, Respondent has addressed these lapses and taken appropriate, direct action to correct them.
Respondent disagrees with petitioners’ hyperbolic characterization of these deficiencies. As discussed below, Respondent has identified a handful of areas in which proper protocols were not always being followed, including with respect to contact tracing for infected staff, inmate symptom checks, responses to inmate email and handwritten sick leave requests, and review of inmate applications for compassionate release, home confinement, and furlough. These areas have been addressed by Respondent through clarification and reinforcement of existing guidelines and the allocation of additional staff to perform certain of these duties. Contrary to petitioners’ suggestion, this is precisely what prison officials are required to do—and what
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separates responsible prison officials from those who evidence the “deliberate indifference” required to establish a constitutional violation requiring injunctive relief.
Further, the Warden has recently issued a memorandum to all staff setting forth her expectations and reminding and directing them to follow existing guidelines, policies, and protocols. Moreover, to ensure visibility and accountability going forward, the Warden has agreed to voluntarily provide biweekly reports to the Court for the duration of the epidemic regarding the health status of MCC inmates and staff, as well as MCC’s continued compliance with these important measures.
In sum, petitioners cannot show a basis or need for preliminary injunctive relief. Respondent recognizes the seriousness of the issues in this litigation, and has taken appropriate measures to ensure the safety and health of the inmates in her custody, as well as her staff. This Court should permit her to do so and should reject petitioners’ invitation for the Court to become involved in the day-to-day management of the prison. The Court should thus deny petitioners’ motion for a preliminary injunction.
BACKGROUND I. MCC
MCC is a federal correctional institution located in lower Manhattan. Edge Decl. ¶ 6. As of May 11, MCC housed 688 inmates, of which 387 were pre-trial inmates, and 65 were inmates designated to serve their sentences at the MCC. Demosthenes Decl. ¶ 6. The remaining 237 inmates are at the MCC in an administrative hold status, a group primarily composed of inmates awaiting sentencing, inmates brought to the MCC to cooperate with law enforcement, inmates brought to the MCC pursuant to a writ, and inmates brought to the MCC for violating the terms of their supervision. Id. As of May 28, MCC housed 677 inmates. Edge Decl. ¶ 6.
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MCC is a high-rise building and houses inmates on six floors (designated as Units 2, 3, 5, 7, 9, and 11); each unit is divided into North and South, and each such subunit is further divided into six tiers. Id. ¶ 7. Unit 2 is the women’s unit, which has double cells. Id. Unit 11 South is the dormitory unit, and contains six dormitories that can hold up to 26 people each in bunk beds. Id. The Special Housing Unit (“SHU”) houses inmates mostly in two-person cells, although it has 7 one-person cells; all other units house two inmates per cell. Id. Overall, there is space at MCC for 96 inmates in two-person cells in each tier (for a total of 728 inmates—except 71 beds or 35 cells that are currently unavailable because they are being repaired), and 156 inmates in dormitories. Id. Excluding those cells/beds that are under repair, MCC currently has 113 available beds for male inmates and 23 available beds for female inmates institution-wide. Id. Unit 11 South currently holds approximately 120 inmates; since February 20, it has been used to house older inmates and inmates with certain preexisting medical issues, e.g., diabetes, for ease of delivering medical care. Id. The placement of inmates in Unit 11 South in February was unrelated to COVID-19. Id. II. History of COVID-19 at MCC
On or about February 27, 2020, a corrections officer improperly brought a loaded gun into the MCC. Id. ¶ 17. On this same date, MCC inmates were placed in lockdown so that staff could attempt to locate and remove the gun. Id. On March 4, 155 inmates were sent to the Federal Correctional Institute – Otisville, in Otisville, New York, to facilitate the search. Id. The lockdown ended on March 13. Id. On March 9, 52 inmates returned to MCC from Otisville, and on March 12, 96 additional inmates returned. Id.
The first cases of COVID-19 infection among MCC inmates were identified on or about March 23. Beaudouin Decl. Ex. 9. Within the following few weeks, through April 11, a total of 34 inmates were confirmed or suspected of being infected—though only five were tested—and
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isolated separately from the other inmates. Id. ¶ 11 & Ex. 9. Of these 34 inmates, two required brief hospitalizations for their symptoms, and three more were sent to the hospital just to be tested. Id. ¶ 13 & Ex. 9. The isolated inmates were given Tylenol for their fevers and antibiotics if they had pneumonia. Id. ¶ 11. None of the inmates required intubation, ventilation, or intensive care, and none have died. Id. ¶ 13 & Ex. 9. No inmates have been identified as symptomatic since April 11—although one inmate presented with possible COVID symptoms on April 24, but tested negative twice. Id. Ex. 9. There are currently no MCC inmates remaining in isolation, and the only inmates on quarantine are new arrivals and other inmates who have left and returned to the institution, who are quarantined per BOP policy for 14 days before being released to their housing units. Id. ¶ 8 & Ex. 9.
Also beginning in late March, MCC staff started testing positive for COVID-19, and by mid to late March, some 45 members of the staff had tested positive and gone on leave for some period of time, including MCC’s warden, the Respondent, who was out for nearly three weeks in April. Id. ¶ 25 & Ex. 21; Sandy Decl. ¶ 3; Licon-Vitale Ltr. at 2. The last MCC staff member to go on leave due to a confirmed COVID-19 infection left on April 23. Beaudouin Decl. Ex. 21; Sandy Decl. Ex. 2. The staff absences were alleviated somewhat by temporary staff reassigned from other BOP facilities. E.g., Beaudouin Decl. ¶¶ 4, 24, 27; Licon-Vitale Ltr. at 2. Some forty MCC staff members, out of a total of approximately 200, have been out of work on sick leave and other types of absence. Licon-Vitale Ltr. at 2. III. BOP and MCC Policies to Address COVID-19
A. BOP Policies re COVID-19 BOP has instituted a number of policies and procedures in order to reduce the risk that
inmates in its custody will be infected with the novel coronavirus, COVID-19. These policies, incorporated in a COVID-19 Action Plan, span a number of different areas in prison
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administration, the provision of healthcare, and hygiene and protection, and also include efforts to reduce the prison population. The plan has been updated several times and is currently in its seventh phase. Edge Decl. ¶¶ 9-16; Lubelczyk Rep. at 3-5.
In Phase 1, starting in January 2020, BOP began strategic planning for COVID-19 building on the BOP’s existing procedures for pandemics. Edge Decl. ¶ 9; Lubelczyk Rep. at 4. In Phase 2, starting on March 13, and updated on March 18, BOP suspended non-essential visits, and required screening of inmates and staff, quarantining of new intakes who had risk factors for the virus, isolation procedures for symptomatic inmates, and implementation of modified operations (including staggered meals and recreation times to limit large gatherings). Edge Decl. ¶ 10 & Ex. 1 at MCC 1398-1403; Lubelczyk Rep. at 4. In an update to phase 2 on March 18, BOP recommended that prisons inventory their cleaning and sanitation supplies. Edge Decl. ¶ 2 & Ex. 1 at MCC 1390-94; Lubelczyk Rep. at 4.2
In Phase 4, starting on March 26, BOP updated its quarantine and isolation procedures to include symptom screening and quarantining of new inmates and isolation of symptomatic inmates. Edge Decl. ¶ 12 & Ex. 1 at MCC 0123-25, 1625-28; Lubelczyk Rep. at 4. Phase 5, starting on March 31, restricted inmate movement within prisons to decrease the spread of the virus, extended quarantine protocols to close contacts of confirmed and suspected cases and to transfer inmates, and called for good hygiene, heightened cleaning of high-touch surfaces (including ensuring that cleaning supplies were available to all inmates), and maximizing social distancing. Edge Decl. ¶ 13 & Ex. 1 at MCC 0130-31; Lubelczyk Rep. at 5.
2 Phase 3, starting on March 18, contained guidance regarding teleworking at non-prison locations, and is not relevant here. Edge Decl. ¶ 11; Lubelczyk Rep. at 4.
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Phase 6, announced on April 13, extended these protocols until May 18, and further encouraged inmates and staff to wear appropriate face coverings when in public areas when social distancing could not be achieved. Edge Decl. ¶ 14 & Ex. 1 at MCC 0149-54; Lubelczyk Rep. at 5. And Phase 7, announced on May 18, further extended these protocols until June 30. Edge Decl. ¶ 15 & Ex. 1 at MCC 2590-91; Lubelczyk Rep. at 5.
B. Inmate Cohorting, Quarantine, and Isolation The principal methods by which MCC has controlled the spread of COVID-19 among
inmates are its practices of cohorting, quarantining, and isolating inmates. See Beaudouin Decl. ¶¶ 9-10. These three practices, taken together, prevent most inmate-to-inmate transmission of the virus, especially in a compact correctional institution where social distancing is not always possible. First, starting when cases of COVID-19 were initially identified among MCC inmates in late March, units in which an infected inmate was diagnosed were placed under quarantine. Id. ¶ 14. That means that inmates in those units were largely confined to their cells except for short periods a few times a week for showering, phone calls, and computer use. Edge Decl. ¶ 25. During the course of the quarantines, units were visited daily by MCC medical staff who took the inmates’ temperatures and inquired as to whether they had any symptoms consistent with the disease. Beaudouin Decl. ¶ 14. Most MCC inmates are housed in two-person cells, Edge Decl. ¶ 7, and thus their ability to transmit any infection to other inmates while under quarantine is limited, Beaudouin Decl. ¶¶ 9, 14. Certain MCC units, however, are dormitory rooms housing up to 26 inmates, and for those inmates, quarantining limited transmission to other inmates within the same room. Id. ¶ 9. Beginning gradually in late March, all MCC units ultimately went under quarantine. Id. ¶ 15.
By mid to late April, the quarantines were all lifted, as no new symptomatic inmates were identified. Id. MCC remains under what is known as “modified operations,” meaning that
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inmates are allowed out of their cells only in small groups, by cohort, and do not interact with any inmates outside their cohorts. Edge Decl. ¶ 26. Cohorts generally consist of ten inmates. Beaudouin Decl. ¶ 9. As discussed below, MCC medical staff continue to conduct regular symptom and temperature checks in each unit to identify any potential COVID-19 infections. Id. ¶ 16.
MCC inmates who were confirmed or suspected as having been infected with COVID-19 were placed in isolation. Id. ¶ 10. In the first few days of the epidemic, from March 23 until March 30, a few inmates were isolated in a separate part of the SHU, comprised of four cells, which contained private showers. Id. Shortly thereafter, MCC cleared out Unit 3, which contains individual cells, and converted it to be used for isolating and quarantining inmates beginning on March 30. Id. Since that time, all inmates isolated with potential COVID-19 symptoms (whether tested or not) have been housed in that unit until their symptoms subside and they are healthy enough to return to their units. Id. While they were isolated, these inmates were seen by MCC medical staff once or twice a day, had their temperatures and symptoms checked, and were provided medical care as appropriate. Id. ¶ 12.
Unit 3 has also been used to quarantine all newly admitted inmates as well as those who have had to leave the MCC and return (for example to go to the hospital for non-COVID-related treatment). At times when the cells in Unit 3 were full, some of these quarantined inmates have been housed in designated quarantine tiers in Unit 5-South. Id. ¶ 17.3 Quarantined inmates are seen by MCC medical staff daily for a temperature and symptoms check. Id.
3 Since May 14, quarantined inmates have been housed in Unit 5-South due to a recent fire in Unit 3; on May 22, four of the inmates were able to return to Unit 3. Edge Decl. ¶ 24.
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C. Inmate Screening and Testing for COVID-19 Infection
Since symptomatic inmates were first detected, inmates in all MCC housing units have
undergone regular screening for COVID-19 symptoms, including temperature checks. Id. ¶¶ 14,
16. In units under quarantine because an inmate from that unit was isolated with COVID-19
symptoms, these checks were conducted daily. Id. ¶ 14. Now that the quarantines are no longer
in force, these checks are conducted weekly, except in Unit 11-South, where they are done twice
weekly. Id. ¶ 16.4 Inmates in quarantine as new arrivals or returnees are also screened for
COVID-19 symptoms daily. Id. ¶ 17.5
These checks generally include determining whether an inmate has a fever of 100.4º F or
higher as well as asking inmates questions about their symptoms. Id. ¶ 14. Initially, staff
members performing the screening asked each inmate every day whether he or she was
experiencing any of the recognized COVID-19 symptoms. Id. ¶ 14 & n.5. But over time, some
MCC medical staff started simply asking how inmates were feeling or whether their condition
had changed since the previous day. Id. Because the same medical staff were generally assigned
to the same units, these staff members essentially established “continuity of care” with the
4 Unit 11-South has been used to house older inmates and inmates with chronic medical conditions since February. Edge Decl. ¶ 7; Beaudouin Decl. ¶ 16 n.6. While BOP has recently (in early May) suggested that cohorting high-risk inmates is not recommended for COVIDprevention purposes, there are relatively few options available given restrictions on transfer or movement of inmates since the beginning of the epidemic. Beaudouin Decl. ¶ 16 n.7. Nonetheless, the MCC Warden is consulting with BOP and the U.S. Marshals Service to see whether there are any options available for inmates in this housing unit. Licon-Vitale Ltr. at 6.
5 In addition to the proactive COVID-19 symptom screening of all MCC inmates, inmates experiencing COVID symptoms or other medical issues are able to inform MCC medical staff when such staff is in their units daily to distribute medication (known as “pill line”). Beaudouin Decl. ¶ 23. In addition, if an MCC inmate has an acute medical need, he can inform any member of the prison staff, who in turn will contact the medical department by telephone or radio. Id.; Licon-Vitale Ltr. at 3 & n.1. For less urgent medical issues, inmates can submit written requests via email or handwritten note. Beaudouin Decl. ¶ 24. Those requests are now reviewed daily, although there were delays in reviewing and responding to requests in March and April. Id.; Licon-Vitale Ltr. at 3.
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inmates in these units, and were able, through questioning and observation, to detect any changes in the inmates’ appearance that could suggest illness. Id. However, the MCC medical director has instructed all staff to return to the original model whereby each inmate is asked at each screening about every potential COVID-19 symptom. Id.6
With respect to testing inmates for COVID-19 infection, MCC—like most non-hospital facilities in New York City—initially did not have access to test kits and sent the first few inmates with suspected infections to the hospital to be tested. Beaudouin Decl. ¶ 18. However, given the limited testing capacity even in hospitals in late March and the risk of infection by going to the hospital, MCC medical staff was told not to send inmates to the hospital unless they required medical care beyond that available in the prison. Id. MCC thus began isolating symptomatic inmates based on a diagnosis of probable COVID-19 infection. Id. MCC was able to start acquiring COVID-19 test kits in early April, though only in limited quantities because its vendors restricted purchase volumes. Id. ¶ 19. This coincided, however, with a drop in symptomatic inmates, so MCC has had to test only a handful of inmates since that time—a few of whom were tested not because they were symptomatic but rather because they were scheduled for an outside medical procedure and the hospital requested advance testing. Id. ¶ 18. Only one of those inmates tested positive, on April 8. Id.
Recently, BOP published a new testing protocol which MCC has implemented, providing that prisons will test all incoming inmates, all symptomatic inmates, and all inmates who are cohorted with symptomatic inmates. Id. ¶ 20. Inmates being released from isolation are also
6 Several inmates admitted during the inspection of MCC on May 13, however, that they had not shared possible symptoms of COVID-19 with MCC medical staff because they did not want to be isolated. Lubelczyk Rep. at 18-19. Some such inmates stated that their reluctance in that regard had to with MCC’s initial placement of isolation inmates in a section of the SHU, which could have been viewed as punitive, though this practice ended on March 30. See id.
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tested twice. Id. MCC has also received a rapid testing machine, which provides results within 15 minutes and is now fully operational. Id. However, due to the machine’s high false-negative rate, BOP has instructed that it be used to test only symptomatic inmates; asymptomatic inmates will continue to be tested through outside laboratories. Id. MCC has an adequate supply of testing kits on hand and has ordered more. Id. ¶ 21.
D. Staff Screening for COVID-19 Infection Since March, pursuant to BOP directives, all MCC staff have been screened upon entry to
the building for a fever and COVID-19 symptoms using a form that is periodically updated. Id. ¶ 25. Staff who display symptoms are denied entry and asked to see their personal physicians. Id. MCC staff have been instructed to report to the prison if they feel ill or have tested positive for COVID-19. Id. They can return to work only after their symptoms have been resolved to the satisfaction of their physicians and prison officials. Id.7 MCC conducts “contact tracing” investigations when staff members test positive: this investigation involves identifying other staff members who worked closely with the infected staff member and checking those staff members for fever or other symptoms. Id. ¶ 27. Now that inmates are no longer under quarantine and thus are not screened daily for symptoms, the contact tracing for infected staff also includes identifying inmates with whom the staff member interacted closely. Id. Because of staff departures and shortages in March and April, not all contact tracing investigations were completed, but that deficiency has been corrected. Id.
7 A chart produced in discovery summarizing the dates on which MCC staff tested positive and went out on leave contained a few errors and unclear information, which erroneously suggested that staff were permitted to work after they began displaying symptoms of possible COVID-19 infection. A declaration from MCC’s human resources manager, who created the chart, is being submitted herewith and explains that all symptomatic MCC staff were removed from the premises as soon as they displayed symptoms. Sandy Decl. ¶¶ 3-4 & Ex. 2.
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E. Hygiene, Cleaning, and Personal Protective Equipment BOP and MCC have taken measures with respect to COVID-19 to address hygiene,
cleaning, and personal protective equipment (“PPE”). As to hygiene and cleaning, on March 18, BOP recommended that prisons inventory their cleaning and sanitation supplies, and MCC did so. Edge Decl. ¶ 10 & Ex. 1 at MCC 1390; Lubelczyk Rep. at 4. On March 31, BOP recommended implementing good hygiene and heightened cleaning of high-touch surfaces (including ensuring that cleaning supplies were available to all inmates), and MCC followed the recommendations. Edge Decl. ¶ 13 & Ex. 1 at MCC 0130-31; Lubelczyk Rep. at 5.
By March 25, MCC had put up posters containing information about COVID-19, proper hygiene, and cleaning in all inmate common areas. Edge Decl. ¶¶ 22 & Ex.6 at MCC 003-06, MCC 0018, Ex. 7 at Inspection Photographs #35-37. MCC also reinforced the importance of proper hygiene and cleaning during inmate “town hall” meetings in March, April, and May. Id. ¶¶ 20, 28. On March 27, MCC conducted an inventory of its cleaning and sanitation supplies and ordered additional supplies. Id. ¶ 27.
MCC inmates are provided one roll of free toilet tissue each week. Id. ¶ 30. Unit team members are provided soap on a weekly basis, which is available to inmates for free upon request. Id. ¶ 30. If inmates need more soap or toilet tissue, they can ask their counselor for additional supplies. Id. Inmates are also provided with other hygiene items that include an allpurpose cleaning gel that can be used for their hands, body, or hair. Id.; Hazlewood Dep. at 8081; Licon-Vitale Dep. at 72-73. Recently the prison has prominently posted signs in the common areas of each unit stating that additional soap and toilet paper can be requested from unit teams. Edge Decl. ¶ 31, Ex. 11 at MCC 0001 & Ex. 7 at Inspection Photograph #32; Hazlewood Dep. at 81-82; Licon-Vitale Dep. at 73. Inmates may also purchase soap and other hygiene items from the commissary, which carries a larger variety of products. Edge Decl. ¶ 30;
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Hazlewood Dep. at 81. Inmates are able to wash their hands and shower; institutional laundry is done weekly. Edge Decl. ¶¶ 13, 45.8
MCC requires inmates to clean their cells before they exit them. Edge Decl. ¶ 34. Bottles of cleaning spray and cloth rags have long been available to inmates for cleaning their cells; these supplies now include HDQC2 cleaning solution, which is approved by the Environmental Protection Agency for use against COVID-19. Id. Inmates can check these cleaning supplies out from the officer’s station in each unit’s common area. Id. ¶ 35; LiconVitale Dep. at 79-82; Hazlewood Dep. at 82-83; Edge Dep. at 168-69. Recently, MCC prominently posted signs in the window of the officer’s station of each unit reminding inmates of the availability of these cleaning supplies. Edge Decl. ¶ 35, Ex. 11 at MCC 0001 & Ex. 7 at Inspection Photograph #32.
Inmates designated as orderlies, as well as all other inmates, share the responsibility for cleaning high-contact areas, such as telephones, computer keyboards, and showers. Edge Decl. ¶ 36; Edge Dep. at 167-68. By March 20, MCC had assigned orderlies to conduct COVIDrelated sanitation on a daily basis. Edge Decl. ¶ 36 & Ex. 12 at MCC 1961, MCC 3380-81; see also id. Ex. 13 at MCC 0010, MCC 0012, MCC 0049-50, MCC 0061, MCC 0113-14 (additional emails and memoranda regarding the importance of orderlies cleaning high-contact surfaces). Orderlies are given gloves for cleaning and are instructed to clean high-contact areas whenever inmates are out of their cells. Id. ¶ 36 & Ex. 13 at MCC 0010, MCC 0012, MCC 0049-50, MCC 0061, and MCC 0113-14. Each inmate is also responsible for cleaning high-contact areas after
8 During the May 13 inspection of MCC, Respondent’s expert, Dr. Rebecca Lubelczyk, observed that there was sufficient soap on hand. Lubelczyk Rep. at 13. Some of the inmates whose depositions were taken similarly testified that they had received soap and cleaning gel, had not asked for more, and further indicated that they preferred to purchase hygiene items from the commissary. Fernandez-Rodriguez Dep. at 65-67; Woodson Dep. at 35.
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each use, by using the cleaning solution and rags available at the officer’s station. Id. ¶ 37. Recently, MCC posted signs near the computers and phones to remind inmates to clean these surfaces before and after each use. Id. ¶ 37 & Ex. 14, Ex. 7, Inspection Photograph #33.
Respondent’s expert, Dr. Rebecca Lubelczyk, observed during the facility inspection that cleaning supplies were located in numerous areas around each unit that was visited. Lubelczyk Rep. at 13; Lubelczyk Rebuttal Rep. at 4. Nearly every inmate interviewed reported that cleaning supplies were readily available upon request and that this had been the case since COVID started, although some said there had recently been an increase in supplies. Lubelczyk Rep. at 13; Lubelczyk Rebuttal Rep. at 4-5. In addition, some inmates who were deposed admitted they had supplies to clean their cells and/or common areas. Fernandez-Rodriguez Dep. at 67; Galvez-Chimbo Dep. at 27-29; Hatcher Dep. at 37-39; Woodson Dep. at 35-37, 40-42; Sucich Dep. at 30-34.9
On April 13, BOP encouraged inmates and staff to wear appropriate face coverings in public areas when social distancing could not be achieved. Edge Decl. ¶ 14 & Ex. 1 at MCC 0152. BOP distributed face coverings to its institutions. Id. ¶ 42 & Ex. 16 at MCC 1446-47, MCC 1630, MCC 1666, MCC 1686; Edge Dep. at 171; see also Luis Ferré-Sadurní & Maria
9 MCC has also looked into non-COVID-related sanitation-related complaints petitioners raise for the first time in their motion. MCC is not aware of any complete absence of water for up to six days as some petitioners allege (though there had been occasional hot water interruptions that were fixed within no more than a few days). Edge Decl. ¶ 32. MCC has been addressing any issues with vermin by having an exterminator come to the facility on numerous occasions, including on January 15 and 29, February 12, March 13 and 18, April 1 and 30, and May 12. Id. ¶ 40. Further, aside from two cockroaches in one dormitory cell on Unit 11 South (one of which was dead on a sticky trap), Dr. Lubelczyk did not observe any evidence of other pests. Lubelczyk Rebuttal Rep. at 3-4. Finally, the only leaking sewage this year of which MCC is aware occurred on Unit 5 South, on a few occasions in February 2020 and one occasion on March 14, 2020. Edge Decl. ¶ 41. On each of these occasions, the leaking sewage affected only one tier and was remedied within a few days; affected inmates were relocated as necessary. Id.
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Cramer, New York Orders Residents to Wear Masks in Public, N.Y. Times, Apr. 15, 2020, https://www.nytimes.com/2020/04/15/nyregion/coronavirus-face-masks-andrew-cuomo.html.
Once MCC received these face coverings, it promptly distributed them. Edge Decl. ¶ 42; Edge Dep. at 171-72. Accordingly, on or about April 16, MCC issued surgical masks to all inmates, giving them one new mask per week. Edge Decl. ¶ 43. On April 16, MCC also issued an inmate bulletin stating it was mandatory for inmates to wear face coverings. Id. ¶ 44 & Ex. 17 at MCC 0168. And on May 2, MCC distributed two cloth face masks to each inmate; inmates were instructed that they could wash their masks in their cells with detergent or send them to be washed in the weekly laundry. Id. ¶ 45 & Ex. 18 at MCC 0072, MCC 0104. MCC has frequently reminded inmates of the importance of wearing face coverings, and more recently, advised that they could suffer disciplinary action for failing to do so; staff have also been instructed to monitor that inmates are wearing masks. Id. ¶¶ 46-48 & Ex. 19 at MCC 0104 & MCC 0169, Ex. 20 at MCC 0053, Ex. 21 at MCC 0163-64.
Since April 9, staff have been given one surgical mask daily, and those assigned to highrisk units were given additional PPE, including masks, suits, goggles, and face shields. Id. ¶ 50 & Ex. 22 at MCC 0039. By April 11, staff were given one N95 mask per week, in addition to surgical masks. Id. ¶ 50 & Ex. 22 at MCC 0046. Staff coming into contact with inmates in the isolation and quarantine units are given daily N95 masks, suits, googles, and face shields. Id. ¶ 50. MCC has an adequate supply of this PPE. Id. Signs are posted at the entrance to the building that remind staff to wear PPE, and email reminders have also been sent. Id.
F. Release of Inmates from MCC Staffing constraints in late March and April impeded MCC’s ability to utilize inmate
release as part of its initial response to the COVID-19 pandemic. Demosthenes Decl. ¶ 38. Despite this initial setback, since April 26, review of inmates for home confinement, residential
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reentry centers (“RRC”), or furlough has become an integral aspect of MCC operations. Id. ¶¶ 41, 56. Consistent with BOP policy, MCC has relied on pre-pandemic guidance in responding to requests for compassionate release. Id. ¶¶ 26-37, 43. MCC has nonetheless prioritized providing timely responses to the influx of requests for compassionate release relating to the pandemic. Id. ¶ 43.
On March 26, Attorney General Barr issued a memorandum entitled “Prioritization of Home Confinement as Appropriate in Response to COVID-19 Pandemic” directing BOP to use referrals to home confinement as part of its strategy to combat the disease in federal prisons. Demosthenes Decl. Ex. 3. A subsequent memorandum, dated April 3, entitled “Increasing Use of Home Confinement at Institutions Most Affected by COVID-19,” directed BOP to expand the cohort of inmates considered for release to home confinement. Id. Ex. 4.
On April 5, two days later, the MCC unit staff who assisted in processing requests for compassionate release and referrals to home confinement were redeployed to served correctional and custody functions as part of an emergency schedule due to staffing shortages. As a result, they were temporarily unavailable to review requests for compassionate release and referrals to home confinement, until their regular schedules were restored on April 26. Demosthenes Decl. ¶ 38. During this time, MCC received an unprecedented number of requests for compassionate release. Id. ¶ 40. Compounding matters, on April 9, MCC’s Case Management Coordinator, who reviewed these requests, fell ill, and was out on sick leave until April 29. Id. ¶ 39.
On April 26, MCC case management staff resumed their normal duties and responsibilities, including assisting in the processing of requests for compassionate release and reviewing inmates for referral to home confinement or RRC. Id. ¶ 41. Since then and moving forward, MCC leadership has committed to maintaining current case management staffing levels
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so that future requests can be addressed in a timely manner. Id. ¶ 60; Licon-Vitale Ltr. at 5. Since April 26, MCC has worked through its backlog of requests for compassionate release and prioritized referrals to home confinement and RRCs. Demosthenes Decl. ¶¶ 42, 44.10
Specifically, as of May 28, MCC has reviewed 239 inmates to determine whether they are appropriate for release to either home confinement or an RRC. Id. ¶ 44. That includes 165 inmates who have been deemed at greater risk of developing serious health effects from COVID19, 47 additional inmates designated to serve their sentences at the MCC, and 27 other inmates who requested compassionate release. Id. Of these inmates, only 117 have been sentenced, and MCC has referred 24 to the BOP office responsible for final decisions regarding placement in home confinement or RRCs. Id. ¶¶ 45-46. With respect to the 24 referred inmates: 9 have been released as of May 28; 8 have been approved for placement and have a scheduled release date; and 7 are still being reviewed, id. ¶ 47.11
To date, MCC has determined that 61 of the sentenced inmates it has reviewed are ineligible for referral to home confinement or RRC. Id. ¶ 50. In making eligibility determinations, MCC has relied on BOP guidance, although this guidance has evolved, sometimes substantially, over the past few months. Id. ¶¶ 51-52. To the extent MCC’s earlier
10 As of May 14, 2020, MCC had responded to 67 outstanding requests for compassionate release. Demosthenes Decl. ¶ 42. As of May 28, there are 5 requests for compassionate release to which MCC has yet to respond; MCC anticipates it will be able to respond to these requests within 30 days. Id. ¶ 61.
11 In addition, 22 sentenced inmates who MCC considered for referral to home confinement or an RRC have been released pursuant to court order or at the conclusion of the inmate’s sentence. Id. ¶ 48. MCC initially prioritized review of inmates for referral to home confinement and RRC. Id. ¶ 54. It has now begun reviewing the remaining inmates whose sentences will soon be expiring to determine if any of them could be furloughed for some or all of the remainder of their sentences. Id. ¶ 56.
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home confinement determinations relied on eligibility criteria that have since been rescinded or updated, it will re-review them using the current criteria. Id. ¶ 53.
G. The Warden’s Corrective Actions As discussed above, certain aspects of MCC’s policies were not being consistently
followed for certain periods in March and April when many prison staff—including the Warden—were absent and when work schedules and conditions became irregular. Licon-Vitale Ltr. at 2-3. These issues have all been addressed: requests for medical care are now being reviewed daily; medical staff are required to ask inmates about all possible COVID-19 symptoms during screenings; staff contact tracing investigations are being performed; adequate soap, toilet tissue, and cleaning products are being made available to inmates regularly; and requests for compassionate release and home confinement are being processed. Id. at 3; LiconVitale Memo. To ensure that these improvements are not merely temporary, and that all MCC staff understand the importance of continuing to adhere to them, the Warden has issued a memorandum to all staff dated May 29, which reiterates existing policies relating to many aspects of COVID-19 protection, and makes clear that compliance with these measures is mandatory. Licon-Vitale Ltr. at 3; Licon-Vitale Memo.
Moreover, in a letter addressed to this Court, the Warden acknowledges where there have been certain deficiencies in MCC operations, and makes clear that she has, and will continue to, direct the necessary efforts to ensure compliance with the relevant protocols. Licon-Vitale Ltr. at 1-2. In order to address any concern regarding MCC’s commitment to abide by these undertakings, the Warden has committed to voluntarily provide biweekly reports setting forth MCC’s performance with respect to these measures, as well as information regarding inmates or staff who may have tested positive for the virus. Id. at 5.
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ARGUMENT I. Petitioners Are Not Entitled to Preliminary Injunctive Relief
A. Applicable Legal Standards 1. Standard for a Preliminary Injunction Against a Government Agency “[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be
granted unless the movant, by a clear showing, carries the burden of persuasion.” Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (citation omitted). “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.” N.Y. Progress & Prot. PAC v. Walsh, 733 F.3d 483, 486 (2d Cir. 2013) (citation omitted). Where the proposed preliminary injunction stays “government action taken in the public interest pursuant to a statutory or regulatory scheme,” the moving party must demonstrate “that he will suffer irreparable injury, and there is a likelihood that he will succeed on the merits of his claim.” Alleyne v. N.Y. State Educ. Dep’t, 516 F.3d 96, 101 (2d Cir. 2008) (internal quotation marks omitted),
“Irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction.” Freedom Holdings, Inc. v. Spitzer, 408 F.3d 112, 114 (2d Cir. 2005). To establish irreparable harm, plaintiffs must demonstrate that, in the absence of a preliminary injunction, “they will suffer an injury that is neither remote nor speculative, but actual and imminent, and one that cannot be remedied if a court waits until the end of trial to resolve the harm.” Id. (internal quotation marks omitted). A plaintiff must additionally “demonstrate a ‘substantial’ likelihood of success on the merits,” where, as here, it “seeks a preliminary injunction that will alter the status quo.” N.Y. Progress, 733 F.3d at 486 (citation omitted).
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Further, “[w]henever a request for a preliminary injunction implicates public interests, a court should give some consideration to the balance of such interests in deciding whether a plaintiff’s threatened irreparable injury and probability of success on the merits warrants injunctive relief.” Time Warner Cable v. Bloomberg L.P., 118 F.3d 917, 929 (2d Cir. 1997). Under this standard, “[i]t is not enough for a court considering a request for injunctive relief to ask whether there is a good reason why an injunction should not issue; rather, a court must determine that an injunction should issue.” Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 158 (2010). Thus, an injunction should issue only where a plaintiff makes a “clear showing” and presents “substantial proof” that an injunction is warranted. Mazurek, 520 U.S. at 972. Put otherwise, petitioners have the burden of proving the need for injunctive relief; respondent bears no burden to defeat the motion. Granny Goose Foods, Inc. v. Teamsters, 415 U.S. 423, 442-43 (1974).
Finally, although a defendant’s “voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice, it is nonetheless an important factor bearing on the question whether a court should exercise its power to entertain a request for injunctive relief or declare it moot.” Holland v. Goord, 758 F.3d 215, 223-24 (2d Cir. 2014) (internal quotation marks omitted). Put otherwise, “in order to obtain an injunction . . . the moving party must satisfy the court that relief is needed—there must be some cognizable danger of recurrent violation, something more than the mere possibility which serves to keep the case alive.” Vargas v. Viacom Int’l, Inc., 366 F. Supp. 3d 578, 583 (S.D.N.Y. 2019) (in context of analyzing irreparable harm); accord, e.g., Int’l Gemmological Inst., Inc. v. Indep. Gemological Labs, Inc., No. 00 Civ. 4897, 2000 WL 1278179 (LAK), at *1 (S.D.N.Y. Sept. 7, 2000); RQ Innovasion, Inc. v. Carson Optical, Inc., No. 19 Civ. 3886 (CBA) (RER), 2019 WL 4359456, at
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*8 (E.D.N.Y. Aug. 21, 2019), report and recommendation adopted by 2019 WL 4346264 (E.D.N.Y. Sept. 12, 2019).
Courts therefore have declined to issue preliminary injunctions where defendants took corrective action and indicated that they would not again commit the challenged conduct. See, e.g., Am. Freedom Def. Initiative v. Metro. Transp. Auth., 815 F.3d 105, 109-10 (2d Cir. 2016) (in context of addressing mootness due to voluntary cessation, stating that corrective actions taken by defendant and defendant’s representation in its brief and at oral argument that it would not again commit the challenged conduct, coupled with the lack of ongoing or lingering harm to plaintiff, supported vacating the preliminary injunction); Vargas, 366 F. Supp. 3d at 583-84 (similar, in context of analyzing irreparable harm). A plaintiff’s speculative assertion that there is a future possibility of a recurrent violation if a court does not issue a preliminary injunction is insufficient to defeat the resulting lack of harm that flows from a defendant’s corrective action and representation that harm will not reoccur. See, e.g., Vargas, 366 F. Supp. 3d at 584; RQ Innovasion, 2019 WL 4359456, at *8.
2. Deliberate Indifference Under the Fifth and Eighth Amendments While claims of convicted inmates relating to conditions of confinement and deprivations of medical care are properly brought under the Eighth Amendment’s prohibition against cruel and unusual punishment, such claims brought by federal pretrial detainees are properly brought under the Fifth Amendment’s Due Process Clause. See Farmer v. Brennan, 511 U.S. 825, 83234 (1994); Cuoco v. Moritsugu, 222 F.3d 99, 106 (2d Cir. 2000); Darnell v. Pineiro, 849 F.3d 17, 21 n.3, 29, 33 n.9 (2d Cir. 2017). The standards under both Amendments are similar. “The Constitution does not mandate comfortable prisons, but neither does it permit inhumane ones.” Farmer, 511 U.S. at 832. Prison officials must ensure that an inmate receives adequate food, clothing, shelter, and medical care. Id. However, “only those deprivations
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denying ‘the minimal civilized measure of life’s necessities’ . . . are sufficiently grave to form the basis” for a constitutional violation. Wilson v. Seiter, 501 U.S. 294, 299 (1991). A petitioner can prevail only by showing that the government’s conduct was “so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience.” Charles v. Orange County, 925 F.3d 73, 85 (2d Cir. 2019) (quotation marks omitted). In the context of exposing prisoners to risk of communicable disease, a claim must be dismissed if it does not reach the law’s threshold of a threat that is so severe that it would be “contrary to current standards of decency for anyone to be so exposed.” Helling v. McKinney, 509 U.S. 25, 35 (1993).
A prison official violates the Eighth or Fifth Amendments when his actions violate the relevant objective and subjective standards. See Farmer, 511 U.S. at 834 Darnell, 849 F.3d at 29. To establish an objective deprivation under either Amendment, the inmate must show that the deprivation is “sufficiently serious” such that it results in the denial of “the minimal civilized measure of life’s necessities.” Farmer, 511 U.S. at 834; see also Darnell, 849 F.3d at 30. The inmate must show “that he is incarcerated under conditions posing a substantial risk of serious harm.” Farmer, 511 U.S. at 834. “[T]he alleged deprivation must be sufficiently serious, in the sense that a condition of urgency, one that may produce death, degeneration, or extreme pain exists.” Hathaway v. Coughlin, 99 F.3d 550, 553 (2d Cir. 1996) (internal quotation marks and citation omitted). “Each . . . condition[] must be measured by its severity and duration, not the resulting injury, and none of the[] conditions is subject to a bright-line durational or severity threshold.” Darnell, 849 F.3d at 32. In the case of alleged deprivation of medical care, the inmate must show a “serious medical need,” i.e., “a condition of urgency such as one that may produce death, degeneration, or extreme pain.” Charles, 925 F.3d at 86 (citing Hathaway, 99 F.3d at 553).
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The subjective component of a claim based on an inmate’s conditions of confinement or deprivation of medical care under requires the plaintiff to show the defendant’s “deliberate indifference” to an objectively serious condition of confinement. See Farmer, 511 U.S. at 83637; Darnell, 849 F.3d at 32. This requires a mens rea of recklessness. See Farmer, 511 U.S. at 836; Darnell, 849 F.3d at 32. The Second Circuit has recently held that the Eighth Amendment adopts the criminal definition of mens rea, while the Fifth Amendment adopts the civil definition. See Darnell, 849 F.3d at 35.
Therefore, under the Eighth Amendment, a prison official can be found liable for deliberate indifference when the official ‘knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.’” Farmer, 511 U.S. at 836-37. This standard requires actual knowledge on the part of the prison official. Id. Under the Fifth Amendment, to establish deliberate indifference, a pretrial detainee must prove “that the defendant-official acted intentionally to impose the alleged condition, or recklessly failed to act with reasonable care to mitigate the risk that the condition posed to the pretrial detainee even though the defendant-official knew, or should have known, that the condition posed an excessive risk to health or safety.” Darnell, 849 F.3d at 35; see also Charles, 925 F.3d at 87. “In other words, the ‘subjective prong’ (or ‘mens rea prong’) of a deliberate indifference claim is defined objectively” under the Fifth Amendment. Darnell, 849 F.3d at 35. However, even under the Fifth Amendment, prison officials cannot be liable for negligent conduct. Darnell, 849 F.3d at 35.
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B. Petitioners Are Unlikely to Succeed on the Merits of Their Claims 1. MCC Policies and Practices Regarding Medical Care, Operations, and Hygiene Accord with BOP Guidance and Constitutional Standards MCC’s policies are largely set by its parent agency, BOP. Specifically with regard to the
response to COVID-19, BOP has issued a series of phased guidelines beginning earlier this year that dictate how federal prisons are to address the risks associated with the epidemic. Edge Decl. ¶¶ 8-15. MCC policies and practices are almost entirely based on these guidelines, which have evolved over time. Id. ¶¶ 20-39, 42-53. These guidelines require such things as screening inmates and staff for symptoms of infection, cohorting inmates in small groups, isolating inmates who are symptomatic, and quarantining new inmates and those who have been exposed to symptomatic inmates. Id.; Beaudouin Decl. ¶¶ 9-17. BOP has also recently issued protocols regarding testing inmates for COVID-19 infection. Beaudouin Decl. ¶ 20. Furthermore, there is BOP guidance on PPE, sanitation and hygiene, and social distancing. Edge Decl. ¶¶ 42-53. The BOP’s standards are quite similar to the CDC guidelines for correctional institutions. E.g., Lubelczyk Rep. at 17, 22. As described above, MCC’s policies have mirrored—and in some instances anticipated—BOP’s guidelines. See id. at 6-7, 10-12, 15-19, 21, 23, 25-26. For example, BOP did not require quarantining of inmates who had left a prison and returned (such as to go to a local hospital) until May 7, but MCC implemented such a measure back on March 29. See id. at 16 & Exs. 35, 37.
Petitioners’ papers strangely ignore the applicable BOP policies (or MCC’s adoption of them) almost entirely. Instead, they propose a series of measures—some of which are already required under BOP and MCC rules, some of which Respondent has chosen to adopt, as discussed in Respondent’s letter, and some of which are in conflict with BOP policies—that they ask the Court to impose on MCC. ECF No. 50, App. A (“Proposed Order”). In doing so, they
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misapprehend the relevant legal standard for injunctive relief and deliberate indifference. The question is not what measures the petitioners would like to see MCC enact—or even, for that matter, what they or others might consider to be best practices. Rather, the relevant question is whether the existing policies are so inadequate as to fall below the constitutional minimum.
Thus, for example, the Fifth Circuit recently overturned a district court order enjoining a Texas state prison in such a manner. See Valentine v. Collier, 956 F.3d 797 (5th Cir. 2020), stay application denied, __ S. Ct.. __, 2020 WL 2497541 (U.S. May 14, 2020). The district court had “acknowledged the numerous protections [the state] provided, but it wanted to see extra measures, such as providing alcohol-based sanitizer and additional paper products,” which “go beyond [applicable] policies.” Id. at 802 (internal quotation marks and brackets omitted). But, as the Fifth Circuit held, there is “no precedent holding that the CDC’s recommendations are insufficient to satisfy the Eighth Amendment.” Id. (internal quotation marks omitted). The same can be said for the constitutional sufficiency of BOP’s COVID-19 protocols.
Indeed, in a case involving a Massachusetts federal prison, prison officials outlined the steps they have been taking to prevent COVID-19 transmission within the facility—which are nearly identical to those at MCC as both are based on BOP guidelines. Grinis v. Spaulding, No. CV 20-10738-GAO, 2020 WL 2300313, at *3 (D. Mass. May 8, 2020). The district court denied preliminary injunctive relief, explaining that “[t]hese affirmative steps may or may not be the best possible response to the threat of COVID-19 within the institution, but they undermine an argument that the respondents have been actionably deliberately indifferent to the health risks of inmates.” Id. Similarly, a New Jersey district court very recently denied a request by inmates at a federal prison for a preliminary injunction based on their expert’s disagreement with the measures BOP and prison staff had put into place, explaining that any such disagreements do not
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rise to the level of deliberate indifference. See Wragg v. Ortiz, __ F. Supp. 3d __, 2020 WL 2745247, at *22 (D.N.J. May 27, 2020); see also Plata v. Newsom, No. 01-CV-01351-JST, 2020 WL 1908776, at *9 (N.D. Cal. Apr. 17, 2020) (in California state prison case, “Plaintiffs identify other steps Defendants might take to provide for greater physical distancing, but they cite no authority for the proposition that Defendants’ failure to consider or adopt these potential alternatives constitutes deliberate indifference within the meaning of the Eighth Amendment.”).
The same analysis should control here. The criticisms of MCC policies offered by petitioners and their expert are relevant only to the extent they demonstrate that BOP and MCC’s existing policies are unconstitutionally inadequate. Petitioners have made no such showing. For example, petitioners ask this Court to direct MCC to conduct COVID-19 testing on “[a]ll inmates vulnerable to COVID-19, as determined by the CDC,” and on certain symptomatic and asymptomatic members of the MCC staff. Proposed Order ¶ 1(F)-(H). Tellingly, they do not and cannot show that such a testing regime is constitutionally required and that BOP’s current testing protocols, which do not include these aspects, are unconstitutional as a result. Indeed, the CDC does not recommend testing asymptomatic individuals in prisons. See Lubelczyk Rep. at 24. And in any event, the MCC has explained why such testing is not required under current BOP or MCC testing protocols. See Licon-Vitale Ltr. at 5; Beaudouin Decl. Ex. 18 at MCC 1365 (explaining that testing large numbers of asymptomatic inmates requires special approval within BOP as it may be difficult to implement); id. ¶ 26 & Ex. 22 (BOP medical staff is not permitted to test prison staff for COVID-19); Sandy Decl. ¶ 2 (BOP cannot require staff to provide medical information).
Similarly, petitioners’ assertion that MCC should be required to automatically notify an inmate’s family and counsel when the inmate tests positive for COVID-19, see Proposed Order
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¶ 14, is both not constitutionally required, and inconsistent with the inmate’s medical privacy. Furthermore, petitioners’ demand that MCC be required to “eliminate the 14-day pre-release quarantine requirement for inmates leaving the facility based on compassionate release, home confinement, residential re-entry center placement, or furlough,” Proposed Order ¶ 26, directly contradicts applicable BOP guidance and is in no way a remedy for a purported constitutional violation, Beaudouin Decl. Ex. 5 at MCC 1633 (BOP Quarantine Guidance of May 7, 2020: “The following inmates should be placed in quarantine: . . . . Inmates being released back into the community (residential reentry center, home confinement, or full-term release), prior to their release.”).
Finally, petitioners’ demand that MCC be ordered “reduce[]” the population of Unit 11South by half, Proposed Order ¶ 20, is not based on a constitutional violation. Many prisons include dormitory housing for inmates. In a recent case, a Florida district court granted a preliminary injunction because inmates in a dormitory claimed they could not practice social distancing, but the Eleventh Circuit has stayed the injunction on appeal, finding plaintiffs’ unlikely to succeed on the merits even though it was “perhaps impossible . . . to implement social distancing measures effectively in all situations at [the prison’s] current population level.” Swain v. Junior, 958 F.3d 1081, 1089 (11th Cir. 2020), staying injunction issued by __ F. Supp. 3d __, 2020 WL 2078580, at *5 (S.D. Fla. Apr. 29, 2020). Petitioners have cited no authority for the proposition that merely housing inmates in a dormitory setting, including high-risk inmates, violates the Constitution. Furthermore, as a factual matter, petitioners cannot dispute that there are currently no known COVID-positive inmates in Unit 11 South, nor any inmates who are experiencing COVID symptoms. Likewise, as discussed above, MCC has implemented strong policies to protect the health of the inmates in that unit, including through cohorting, the
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distribution of masks and hygiene supplies, extra cleaning and sanitation, regular medical screening, restricted movement, and the screening of staff. Accordingly, petitioners cannot show that these inmates are facing a “substantial risk of harm” or that MCC is being deliberately indifferent with respect to the conditions of their confinement. Farmer, 511 U.S. at 834; see also Hathaway, 99 F.3d at 553.12
Many of the remaining items demanded by petitioners either reflect existing BOP or MCC policy and procedure or are very similar to existing policy—such as screening inmates for COVID-19 symptoms, provision of PPE and hygiene supplies (although MCC does not provide inmates with facial tissue or paper towels), and the provision of medical treatment to isolated inmates—and petitioners offer no reason why the Constitution requires this Court to impose their favored formulation of these policies rather than leaving in place existing protocols.13
2. Inmate Allegations Regarding Conditions of Confinement and Medical Care Lack Credibility
The numerous inmate declarations crafted by attorneys that petitioners have submitted do not require a contrary result. As a threshold matter, the claims made by these inmates are not unassailable. Under the compressed discovery schedule in this matter, Respondent has lacked the time and resources to depose and cross-examine more than a small fraction of these inmates. However, the inmate depositions that did occur revealed inconsistencies between the inmates’
12 While the CDC recognizes that social distancing can be difficult to maintain consistently in such a setting, it does not recommend that such housing units be abandoned or dramatically thinned. Lubelczyk Rep. at 11. Moreover, Respondent has committed to exploring other housing options with regard to the inmates of 11 South, subject to existing limitations on what may be possible in that regard. Licon-Vitale Ltr. at 6.
13 Petitioners’ proposal that inmates be given two new washable cloth face masks per week is difficult to understand. Proposed Order ¶ 15(b). Obviously, the whole point of providing inmates with washable cloth face masks—each inmate received two earlier this month—is so that they can be used for an extended period and need to be replaced only when damaged. See Licon-Vitale Memo.
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allegations and the factual record. See Lubelczyk Rebuttal Rep. at 9-10, 14-16 (reviewing several such inconsistencies in detail).
For example, the lead named petitioner, Cesar Fernandez-Rodriguez, claims in his declaration that he was not given any medical care for an asthma attack on March 12 after a pepper spray attack and that MCC did not allow him access to his inhaler. Fernandez-Rodriguez Decl., ECF No. 51-2, ¶ 1; Fernandez-Rodriguez Dep. at 11, 35-40. However, at his deposition Fernandez-Rodriguez admitted that he actually saw an MCC nurse that day; medical records reflect that he told the provider that did not get hit by the pepper spray and that he had “used [his] inhaler and that helped.” Fernandez-Rodriguez Dep. at 42; Lubelczyk Rebuttal Rep. Ex. 4 at MCC 721. Fernandez-Rodriguez similarly gave inconsistent testimony concerning when his alleged COVID-19 symptoms began and ended; he testified variously that they had begun in mid-March or only in the latter part of April, and that they had either ended in April or that he still had them on the date of his deposition (May 19). Fernandez-Rodriguez Decl. ¶ 4; Fernandez-Rodriguez Dep. at 56-61.
Similarly, petitioner James Woodson claimed in his declaration that he had numerous serious medical issues, but admitted at his deposition that he had sought treatment at MCC only for asthma. Woodson Decl., ECF No. 51-5, ¶ 2; Woodson Dep. at 15-17, 25; see Lubelczyk Rebuttal Rep. at 16. Although Woodson faults MCC for not responding to his sick call requests in March, Woodson Decl. ¶ 3, Woodson Dep. at 17-22, no such records from March exist in MCC’s system, Declaration of Ishita Kala, Ex. 36, ECF No. 54-36. Medical records from March also reflect that Woodson denied numerous asthma-related symptoms such as coughing and shortness of breath, and stated that that he “rarely uses his albuterol” and has had “no recent
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asthma flares.” Lubelczyk Rebuttal Rep., Ex. 6 at MCC 1026. By April 29, he had received a steroid inhaler. Rovner Decl. Ex. 12 at MCC 1017.
Likewise, Nicolas Sucich claimed in his declaration that he thought he was infected with COVID-19, “but they never took me to the hospital or anything.” Sucich Decl., ECF No. 51-31, ¶ 10; Sucich Dep. at 23-25. However, while he asserts that he reported this to MCC medical staff on April 3 who ignored his concerns, Mr. Sucich’s medical records indicate that during a medical encounter that day, he denied fever, chills, chest pain, shortness of breath, cough, sore throat, nausea or vomiting, or respiratory distress. Sucich Dep. at 26-28; MCC 470. Mr. Sucich also admitted that he sees the MCC doctor “all the time” and that the medical staff are “very good” and “very attentive” to him. Lubelczyk Rebuttal Rep. at 9; Sucich Dep. at 12-14. Further, both Mr. Sucich and Mr. Woodson admitted that nobody in their tiers on Unit 11 South currently appeared to have COVID-19 symptoms, and Mr. Sucich testified that he had not seen any symptomatic inmates for a few weeks. Sucich Dep. at 17-18; Woodson Dep. at 32.
More broadly, as described in Dr. Lubelczyk’s rebuttal report, during the inspection the inmates painted a less dire picture than do petitioners and the other declarants in their declarations—such as with respect to sanitation, screening, responses to requests for medical care, and isolation and quarantine. See Lubelczyk Rebuttal Rep. at 3-13. And, as discussed above, Respondent has taken action to address any prior lapses with respect to requests for medical care and other issues such that there is no basis to grant the relief requested.
3. Imperfect Execution of Appropriate Policies Due to Extraordinary Circumstances Does Not Establish Deliberate Indifference
The crux of petitioners’ argument—and one Respondent is acutely sensitive to, see Licon-Vitale Ltr. at 1-3—is that MCC staff have not always followed the governing policies. This is indeed a matter of concern at the highest levels of MCC management. Id. Contact
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tracing for infected staff, inmate symptom screening, timely responses to requests for medical intervention, and the provision of hygiene and cleaning supplies to inmates are critical elements of MCC’s response to COVID-19, and this response is undermined when these required steps are not followed, id. at 2-3. Many of these instances of noncompliance and alleged noncompliance occurred when MCC was experiencing acute staff shortages due to COVID-19 in March and April. E.g., Beaudouin Decl. ¶¶ 24, 27; Licon-Vitale Ltr. at 2-3.
Respondent, however, has already taken appropriate action, and is now reinforcing those steps, to address the past deficiencies. For example, as Dr. Beaudouin explains, there were gaps in contact tracing caused by the departure and retirement of staff, but these have now been addressed, and such tracing is now happening whenever a staff member tests positive (which is not often at this point). Beaudouin Decl. ¶ 27; Licon-Vitale Memo. Similarly, inmate email requests for medical attention did not receive timely responses for several weeks, but such requests are now being reviewed every morning. Beaudouin Decl. ¶ 24; Licon-Vitale Memo.14 With respect to inmate screening for potential COVID-19 symptoms, MCC policy required medical staff members to ask each inmate about every possible symptom each time they took their temperature, but it appears some staff members shortened their questioning to a variation on “how are you feeling today” after several days of asking the same inmates the same longer list of questions. Beaudouin Decl. ¶ 14 & n.5. Dr. Beaudouin consequently has instructed his staff to return to asking all questions of each inmate. Id.; Licon-Vitale Memo.
14 Significantly, a number of inmates acknowledged during the MCC inspection that they understood such email requests are to be used for non-emergency medical issues only and acute requests for medical attention should be made in person to staff members or to MCC medical staff, who are present in the inmates’ units every day. Lubelczyk Rep. at 9; Lubelczyk Rebuttal Rep. at 9-10.
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As for non-medical issues, MCC has performed well overall with respect to sanitation and hygiene during this crisis. See supra Background, Sec. E; Lubelczyk Rep. at 11-14; Lubelczyk Rebuttal Rep. at 3-6. However, when MCC management learned that some inmates complained about not being provided with enough soap and other hygiene items despite previous instructions that they be provided, signs were posted throughout the units to remind staff and inmates of their availability. Edge Decl. ¶¶ 30-31, Ex. 11 at MCC 0001 & Ex. 7 at Inspection Photograph #32; Hazlewood Dep. at 80-82; Licon-Vitale Dep. at 72-73. Likewise, despite previously having adequate policies in place regarding the availability of supplies for inmates to clean their cells and high-contact surfaces, such as telephones and computers, Edge Decl. ¶¶ 3637, similar reminders have been posted regarding the availability of such supplies, id. ¶ 37 & Ex. 14, Ex. 7, Inspection Photograph #33; see also Licon-Vitale Memo.
Moreover, Respondent has very recently issued a memorandum to all staff reminding them of the importance of these and other measures and of her expectation that such policies be followed rigorously. Licon-Vitale Ltr. at 3, Licon-Vitale Memo. This memorandum reiterates the Warden’s—and MCC’s—commitment to providing appropriately for the health and safety of MCC’s inmates generally and specifically with respect to COVID-19. Id. Such measures negate any possible finding that the Warden is deliberately indifferent to inmates’ needs.
Courts have concluded that preliminary injunctive relief is not appropriate in such circumstances. Especially, as here, where MCC has taken corrective action to ensure that its policies are more consistently implemented, there is no need for an order from this Court compelling it to do so—even if such measures were reinstituted to some degree only after the litigation commenced. Thus, a Pennsylvania district court that had initially granted a TRO with respect to several state prisons largely reversed itself at the preliminary injunction stage: “[W]e
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must acknowledge that the status quo of a mere few weeks ago no longer applies. In granting the TRO, we appropriately erred on the side of great caution given the facts as they then existed, and the clearly virulent nature of COVID-19. But it is clear to the Court that in the nearly one month that has elapsed since we were first presented with this case, the Facilities have significantly and favorably altered their response to the COVID-19 pandemic. To be sure, [one facility] remains free of any infections and [another] has limited its infection to one person, which we consider to be a significant success given the extremely contagious nature of the virus.” Thakker v. Doll, No. 1:20-CV-480, 2020 WL 2025384, at *11 (M.D. Pa. Apr. 27, 2020), appeal filed, No. 201906 (3d Cir.).
Other courts have denied injunctive relief based on allegations of noncompliance with prison policy, even absent such definitive corrective action from prison officials. For example, the District of Massachusetts recently denied injunctive relief relating to a state prison’s response to COVID-19 where it concluded that the prison “has adopted many reasonable policies and practices to protect the individuals working and imprisoned” there, even though it was “[l]ess clear . . . whether and to what extent [the warden] is ensuring that such policies and practices are effectively and consistently implemented by those working for him.” Baez v. Moniz, Civ. No. 20-10753-LTS, 2020 WL 2527865, at *10 (D. Mass. May 18, 2020).
And the Eleventh Circuit recently overturned a preliminary injunction issued against a Florida state prison because the petitioners there could not establish deliberate indifference with regard to COVID-19. See Swain, 958 F.3d at 1089. In that case, prison authorities had “implemented many measures to curb the spread of the virus”—such as “such as increasing screening, providing protective equipment, adopting social distancing when possible, quarantining symptomatic inmates, and enhancing cleaning procedures”—though it was
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“perhaps impossible . . . to implement social distancing measures effectively in all situations at [the prison’s] current population level.” Id. Despite allegations that the prison’s policies “[we]re not uniformly enforced,” injunctive relief was not warranted because “the district court made no finding that the defendants are ignoring or approving the alleged lapses in enforcement of socialdistancing policies, so these lapses in enforcement do little to establish that the defendants were deliberately indifferent.” Id. (internal quotation marks omitted).
Similarly, in a case involving a state prison in Illinois, a district court denied the plaintiffs’ request for a temporary restraining order despite their allegations “that Defendants are simply not moving quickly or broadly enough, and that the Court’s intervention is necessary to prod the defendants to act more quickly.” Money v. Pritzker, No. 20-CV-2093, 2020 WL 1820660, at *18 (N.D. Ill. Apr. 10, 2020) (internal quotation marks omitted). As the court explained, “objections about the speed or scope of action and suggestions for altering it through a ‘prod’ do not support either half of the phrase ‘deliberate indifference.’” Id. Because the “Defendants are trying, very hard, to protect inmates against the virus and to treat those who have contracted it,” “[t]he record simply does not support any suggestion that Defendants have turned the kind of blind eye and deaf ear to a known problem that would indicate total unconcern for the inmates’ welfare.” Id. (internal quotation marks omitted).
In any event, Respondent and MCC management have amply demonstrated that they are not deliberately indifferent to inmates’ needs, and indeed remain committed to enforcing all current and future BOP and MCC protocols. Licon-Vitale Ltr. at 1-5; Licon-Vitale Memo; Beaudouin Decl. ¶¶ 14, 24, 27; Edge Decl. ¶ 54. And, to allay possible concerns of “slippage” once the judicial spotlight is not focused as brightly on these matters, Respondent has agreed to
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provide periodic voluntary updates to the Court documenting its continued efforts in this regard. Licon-Vitale Ltr. at 4-5. In these circumstances, no injunctive relief is warranted.
4. Petitioners Cannot Succeed on the Merits of Their Release-Related Claims As addressed at length in Respondent’s Partial Motion to Dismiss, ECF No. 47, the Petition’s claims seeking inmate releases cannot survive as a matter of law. Petitioners effectively acknowledge that they cannot establish a likelihood of success on such claims by seeking no such relief as part of this motion. Their motion does, however, ask this Court to order: (a) a 50% reduction in the inmate population of Unit 11 South; (b) a direction that MCC must decide all requests for compassionate release within 14 days; (c) the issuance of written policies regarding home confinement, RRC placements, and furlough encompassing petitioners’ desired content; and (d) a guarantee of staff availability to process such requests. Proposed Order ¶¶ 20-24. Even this narrower relief is precluded by the Prison Litigation Reform Act (“PLRA”) and 18 U.S.C. § 3621. Moreover, in light of MCC’s resumption of timely consideration of inmate release requests, petitioners cannot establish that MCC acted with deliberate indifference. First, petitioners’ requests cannot be considered because the PLRA precludes this Court from issuing an order “that has the purpose or effect of reducing or limiting the prison population,” 18 U.S.C. § 3626(g)(4), and 18 U.S.C. § 3621(b) bars the Court from reviewing BOP’s placement decisions. As discussed in Respondent’s motion to dismiss, see Respondent’s Partial Motion to Dismiss (“MTD”), ECF No. 47, at 9-10, Section 3626 does not permit the Court to order prisoner release under the circumstances presented here. Briefly, the intent of Section 3626, and the PLRA as a whole, is “to eliminate unwarranted federal court interference with the administration of prisons.” Ruggiero v. County of Orange, 467 F.3d 170, 174 (2d Cir. 2006) (internal quotation marks omitted). In addition, BOP’s decisions regarding “the place of
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the prisoner’s imprisonment” are thus “not reviewable by any court.” 18 U.S.C. § 3621(b); see also MTD at 15-17.
These provisions preclude the release-related relief sought by petitioners. Insofar as the purpose of the requested relief is to reduce the alleged overcrowding at MCC, it clearly has the “purpose or effect of reducing or limiting the prison population,” 18 U.S.C. § 3626(g)(4), and is therefore precluded by the PLRA. And to the extent that the proposed relief would compel the BOP to re-house inmates, either in community-based facilities or other BOP correctional institutions, Section 3621 prevents this type of judicial interference.
But even if this Court had the authority to grant the requested relief (which it does not), it should not do so because petitioners cannot establish a likelihood of success on their release claims. Since April 26, MCC has been diligently reviewing inmate applications and has committed to maintain the appropriate staffing levels to keep doing so; therefore there is no need for judicial compulsion. Licon-Vitale Memo; Demosthenes Decl. ¶ 60; see also Money, 2020 WL 1820660, at *18 (denying preliminary injunction based on request for court to oversee processing of prison’s release operations).
C. Petitioners Have Not Established They Will Suffer Irreparable Harm Absent Injunctive Relief For the same reasons that petitioners are unlikely to succeed on the merits of their claims,
they also cannot establish that they will be subject to irreparable harm in the absence of injunctive relief. The deficiencies petitioners have noted in MCC’s compliance with its policies and with timely processing of requests for early release have been resolved or are in the process of being resolved. Licon-Vitale Ltr. at 4; Licon-Vitale Memo; Beaudouin Decl. ¶¶ 14, 24, 27. Moreover, these issues affected only certain aspects of MCC’s operations, and did not substantially negatively impact the prison’s otherwise compliant and successful response to the
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COVID-19 epidemic. Lubelczyk Rebuttal Rep. at 9, 11, 14; Licon-Vitale Ltr. at 2-3. Moreover, the risk of infection with COVID-19 has decreased at MCC as it has in the larger New York City community, and indeed there have been no new inmate or staff infections in several weeks. See, e.g., Thakker v. Doll, 2020 WL 2025384, at *8 (“In the last month, however, [the state prisons] have quickly and effectively implemented the guidelines published by the CDC such that they have stymied any potential outbreak within their walls. The fears which we reasonably harbored of a ‘tinderbox’ scenario have largely failed to appear within those Facilities. This again is a credit to the staffs at those institutions. Indeed, and as aforestated, there are no reported cases at [one facility] and the single reported case at [the other] appears to have been effectively contained. Thus, we find that any allegations of irreparable harm at [the prisons] are largely speculative and cannot satisfy the second element of our Preliminary Injunction analysis.” (citation omitted).
With regard to the timely processing of release applications, because MCC is already doing so as expeditiously as possible while still ensuring adequate inmate support and public safety, petitioners cannot establish that they will suffer irreparable harm absent injunctive relief. While conceding that MCC has “ma[de] modest progress with respect to review for home confinement,” petitioners incorrectly characterize the prison’s efforts as having been undertaken only “upon order of this Court,” and “at the Court’s direction.” Mot. at 27. However, as is clear from the transcript of the May 4 hearing on petitioners’ request for a temporary restraining order, that is not an accurate description of what occurred. Rather, MCC proposed a processing schedule that it believed to be reasonable, and the Court adopted it. ECF No. 36, at 54:1-5 (“The Court: I’m prepared to accept the government’s representations as to the amount of work that it will take and the level of effort that it will take as reasonable, and so I will adopt the plan or the
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deadlines that have been agreed to or proposed by the government.”). Given that the MCC’s efforts to date have been satisfactory, and that Respondent has committed to maintaining such efforts going forward, petitioners cannot establish irreparable harm in this regard.
In short, while MCC officials shall remain vigilant and do not intend to let their hardgained success slip between their fingers, Licon-Vitale Ltr. at 4; Licon-Vitale Memo, the virus is now under control, and MCC has implemented and is carrying out procedures to ensure that it will remain so for the foreseeable future.
Ultimately, the potential irreparable injury posited by petitioners—a risk to their health, Mot. at 24-25—is not a sufficiently likely outcome and cannot justify injunctive relief. While of course neither the Respondent nor the Court can guarantee that no additional MCC inmates will be infected with COVID-19, there is no reason to believe that MCC inmates currently face an inordinate risk of infection compared to that faced by others in our community.
D. Granting a Preliminary Injunction Is Not in the Public Interest Finally, although there is no dispute that promoting inmate health is always in the public
interest, the public interest does not weigh in favor of injunctive relief here. In the context of the prison system, the Supreme Court has recognized that “the problems of prisons . . . require expertise, comprehensive planning, and the commitment of resources, all of which are peculiarly within the province of the legislative and executive branches of government.” Procunier v. Martinez, 416 U.S. 396, 404-05 (1973). “[C]ourts,” by contrast, “are ill equipped to deal with the increasingly urgent problems of prison administration and reform.” Id. at 405. Running a prison “is an inordinately difficult undertaking that requires expertise, planning, and the commitment of resources, all of which are peculiarly within the province of the legislative and executive branches of government.” Turner v. Safley, 482 U.S. 78, 85 (1987). The “formidable task of running a prison” falls to those other two branches, and “separation of powers concerns
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counsel a policy of judicial restraint” and “deference to the appropriate prison authorities.” Id. As one Texas district court recently noted, “the Court is ill suited to manage the day-to-day health care of prisoners, especially during a health crisis. . . . [T]he Attorney General and the BOP are implementing plans to control the spread of the CO[VID]-19 virus and are better suited to manage prisoner health care.” Jones v. Bergami, No. EP-20-CV-132-DB, 2020 WL 2575566, at *2 (W.D. Tex. May 21, 2020).
With respect specifically to petitioners’ requests relating to inmate release specifically, the relief sought could harm MCC’s ability to effectively manage its operations, create a conflict between MCC and BOP’s central office, and potentially endanger public safety. Petitioners seek the release or transfer of certain inmates and changes to MCC’s procedures for furlough and placement in home confinement or RRC. If a court were to order MCC to adopt its own release policies and procedures that differed from current or future BOP policies, it could create problems given that the release process is handled jointly with BOP. Demosthenes Decl. ¶ 63; McFarland Decl. ¶ 18.
Moreover, it is not possible for MCC to release inmates without coordination with, and approval from, BOP and its community partner agencies. Id. ¶ 19. BOP’s regional office arranges for inmates’ post-release placement, which is contingent on the agreement of a BOP partner to take on case management responsibilities for the inmate. Id. ¶¶ 7-12, 19. It would not be appropriate for MCC to release an inmate before such a community partner could accept oversight. Demosthenes Decl. ¶ 64. Likewise, judicially mandated deadlines for consideration of release applications, especially now that MCC staff is diligently addressing these matters, could have the unintended effect of forcing hasty release decisions that do not include sufficient time for proper diligence and consideration of these sensitive matters. Id. ¶ 65.
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Accordingly, the public interest weighs strongly against injunctive relief. II. This Court Lacks Authority to Appoint an Independent Monitor
Petitioners’ request that the Court to appoint “an Independent Monitor to oversee implementation of the Court’s Order and to make recommendations to the Court regarding actions to be taken at the MCC to mitigate the risk of COVID-19,” Proposed Order ¶ 28, should be denied as it is not permitted under the PLRA and would be detrimental to the operations of the prison, which is entrusted to the executive and legislative branches.
The PLRA limits the appointment of special masters (even if styled as “independent monitors”) to two specific contexts: to “conduct hearings on the record and prepare proposed findings of fact,” and, “during the remedial phase of the action,” to assist if the “remedial phase will be sufficiently complex to warrant the appointment.” 18 U.S.C. § 3626(f)(1)(A)-(B). As the Second Circuit has recognized, “[t]he PLRA has substantially limited the capacity of federal courts to appoint special masters to oversee prison conditions, specifically in order to ensure compliance with the Eighth Amendment.” Webb v. Goord, 340 F.3d 105, 111 (2d Cir. 2003).
Petitioners’ request presupposes that an independent monitor—rather than the Warden, or BOP—is best situated to make decisions about MCC’s operations. As discussed above, Congress and the Supreme Court have explicitly found to the contrary. See supra Section I(D). Prison officials, not special masters or independent monitors, are the ones who must “make the difficult judgments concerning institutional operations.” Pesci v. Budz, 935 F.3d 1159, 1166 (11th Cir. 2019). A special master cannot be permitted to “sit[] as a super-warden to secondguess the decisions of the real wardens.” Prison Legal News v. Sec’y, Fla. Dep’t of Corr., 890 F.3d 954, 965 (11th Cir. 2018) (explaining the “substantial deference to the decisions of prison administrators because of the complexity of prison management, the fact that responsibility
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therefor is necessarily vested in prison officials, and the fact that courts are ill-equipped to deal with such problems.”), cert. denied, 138 S. Ct. 795 (2019).
Petitioners’ request for appointment of an Independent Monitor therefore should be denied. III.Petitioners Are Not Entitled to Provisional Class Certification, and Class-Wide Relief
Would Likely Harm Many Inmates Lastly, regardless of whether petitioners are seeking final or conditional class
certification, they must satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure. See Denney v. Deutsche Bank Ag, 442 F.3d 253, 271 (2d Cir. 2006) (“Before certification is proper for any purpose—settlement, litigation, or otherwise—a court must ensure that the requirements of Rule 23(a) and (b) have been met.”). They cannot.
“The Rule 23 requirements must be established by at least a preponderance of the evidence,” and “[t]he burden of proving compliance with all of the requirements of Rule 23 rests with the party moving for certification.” Levitt v. J.P. Morgan Secs., Inc., 710 F.3d 454, 465 (2d Cir. 2013). A movant must show that: “(1) ‘the class is so numerous that joinder of all members is impracticable’; (2) ‘there are questions of law and fact common to the class’; (3) ‘the claims or defenses of the representative parties are typical’ of those of the class; and (4) ‘the representative parties will fairly and adequately protect the interests of the class.’” Roach v. TL Cannon Corp., 778 F.3d 401, 405 (2d Cir. 2015) (quoting Fed. R. Civ. P. 23(a)). In addition, “Rule 23 contains the additional, implicit requirement that an ascertainable class exists and has been properly defined.” In re Fosamax Prods. Liability Litig., 248 F.R.D. 389, 395 (S.D.N.Y. 2008). “It must be administratively feasible for a court to determine whether a particular individual is a member of the class.” Id. at 395-96.
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Here, the proposed class cannot be certified because it is not ascertainable, and fails to satisfy Rule 23(a)’s commonality and typicality requirements. First, the Petition proposes to bring an action on “behalf of all current and future detainees in custody at the MCC during the course of the COVID-19 pandemic.” ECF No. 1, ¶ 87. Given that the “course of the . . . pandemic” is uncertain, as is the date on which it will end, and that it is impossible to know the identity of inmates who have not yet been brought to the MCC, the proposed class clearly fails to satisfy Rule 23’s ascertainability requirement.
Second, “Rule 23(a)(2) requires that there be ‘questions of law or fact common to the class.’” In re GSE Bonds Antitrust Litig., 414 F. Supp. 3d 686, 700 (S.D.N.Y. 2020) (quoting Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011)). “Commonality requires a plaintiff ‘to demonstrate that the class members have suffered the same injury.’” Id. (quoting Wal-Mart Stores, Inc., 564 U.S. at 349-350). Petitioners cannot demonstrate commonality given the differing circumstances of inmates at the MCC, such as the stages of their criminal proceedings, differences in their housing circumstances, and differences in their health. Each of these differences directly inform the alleged injuries. For example, inmates who have yet to be sentenced are statutorily ineligible for release to home confinement. Furthermore, due to epidemic-related prison procedures, inmates cannot be transferred between housing units— whose type and degree of occupancy vary—absent extraordinary circumstances. Insofar as the proposed class of inmates have each suffered different injuries, petitioners cannot meet their burden of satisfying Rule 23(a)’s commonality requirement.
Petitioners also cannot satisfy Rule 23(a)’s typicality requirement. Although “the typicality requirement is usually met irrespective of minor variations in the fact patterns underlying individual claims,” Robidoux v. Celani, 987 F.2d 931, 937 (2d Cir. 1993), a party
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seeking certification must still “show that each class member’s claim arises from the same course of events and each class member makes similar legal arguments to prove the defendant’s liability,’” In re Flag Telecom Holdings, Ltd. Secs. Litig. 574 F.3d 29, 35 (2d Cir. 2009). For this reason, “the named plaintiffs in a class action cannot represent a class of whom they are not a part, and can represent a class of whom they are a part only to the extent of the interests they possess in common with members of the class.” Irvin v. Harris, 944 F.3d 63, 71 (2d Cir. 2019) (internal quotations omitted). The proposed class here includes inmates who, due to the differing stages of their criminal proceedings, will necessarily assert different legal arguments to support their claims. Also, due to the differences in their housing and health circumstances, inmates’ potential claims will arise from different courses of events. These key differences distinguish the named plaintiffs from certain members of the class, and they accordingly fail to satisfy Rule 23(a)’s typicality requirement.
For the same reasons that petitioners fail to satisfy the commonality and typicality requirements of Rule 23(a), they also cannot satisfy the requirements of Rule 23(b)(2). Rule 23(b)(2) requires that “the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” Here, differences in the inmates’ health and legal status are material to BOP’s decisions regarding whether they are to be released. Similarly, because inmates’ housing assignments differ, so do the effects of those assignments on them. The Court should therefore deny provisional class certification for the additional reason that petitioners cannot satisfy their burden under Rule 23(b)(2).
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CONCLUSION For the foregoing reasons, Respondent respectfully requests that the Court deny petitioners’ motion for a preliminary injunction and for provisional class certification. Dated: New York, New York May 29, 2020
Respectfully submitted, GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent By: /s/ Jean-David Barnea JEAN-DAVID BARNEA JESSICA JEAN HU ALLISON ROVNER Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Telephone: (212) 637-2679/2726/2691 Facsimile: (212) 637-2686 E-mail: jean-david.barnea@usdoj.gov
jessica.hu@usdoj.gov allison.rovner@usdoj.gov
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 Case 1:20-cv-03315-ER Document 73 Filed 06/01/20 Page 1 of 17

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,

No. 20 Civ. 3315 (ER)

Petitioners,

v.

MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,

Respondent.

REPLY MEMORANDUM OF LAW IN SUPPORT OF RESPONDENT’S PARTIAL MOTION TO DISMISS

JEAN-DAVID BARNEA JESSICA JEAN HU ALLISON ROVNER
Assistant United States Attorneys - Of Counsel -

GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent 86 Chambers Street, 3rd Floor New York, New York 10007 Telephone: (212) 637-2726 Facsimile: (212) 637-2717

Case 1:20-cv-03315-ER Document 73 Filed 06/01/20 Page 2 of 17
TABLE OF CONTENTS PRELIMINARY STATEMENT .................................................................................................... 1 ARGUMENT .................................................................................................................................. 2 I. Section 3626 of the PLRA Precludes Petitioners’ Release Claims ...........................................2
A. Section 3626 Applies to Petitioners’ Release Claims..........................................................2 B. The Petition Seeks a Prisoner Release Order.......................................................................4 II. Section 3621 Precludes Petitioners’ Claims Seeking Inmate Transfers ....................................7 III. The Court Should Dismiss the Release Claims Because They Constitute Improper Collateral Attacks on Individualized Rulings and Risk Inconsistent Decisions........................9 CONCLUSION............................................................................................................................. 13

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TABLE OF AUTHORITIES Federal Cases Alvarez v. Larose, 20-CV-782 (DMS) (AHG), 2020 WL 2315807 (S.D. Cal. May 9, 2020)........ 3 Arthur Kahn Co., Inc. v. Switzer Bros., Inc., 201 F.2d 55 (6th Cir. 1952) ................................... 10 Baez v. Moniz, Civ. No. 20-10753-LTS, 2020 WL 2527865 (D. Mass. May 18, 2020) ................ 3 Bergh v. Washington, 535 F.2d 505 (9th Cir. 1976)..................................................................... 10 Brittingham v. Comm’r, 451 F.2d 315 (5th Cir. 1971) ................................................................... 9 Burgos v. Craig, 307 F. App’x 469 (2d Cir. 2000)......................................................................... 5 Burrows v. Interactive AIDS Counseling Servs., Inc. v. Reno,
1993 WL 213017, at * 3 (S.D.N.Y. June 17, 1993) .................................................................... 9 Conboy v. AT&T Corp., 241 F.3d 242 (2d Cir. 2001) .................................................................... 5 Fermin-Rodriuez v. Westchester County Jail Med. Pers.,
191 F. Supp. 2d 358 (S.D.N.Y. 2002) ......................................................................................... 8 Food Mktg. Inst. v. Argus Leader Media, 139 S. Ct. 2356 (2019) ................................................. 5 Helling v. McKinney, 509 U.S. 25 (1993)..................................................................................... 12 Jones v. Smith, 720 F.3d 142 (2d Cir. 2013)................................................................................... 4 Lindh v. Murphy, 521 U.S. 320 (1997)........................................................................................... 4 Livas v. Myers, No. 2:20-V-00422, 2020 WL 1939583 (W.D. La. Apr. 22, 2020)........................ 7 Lowman v. Baird, 16-CV-6518 (VSB), 2017 WL 6503519 (S.D.N.Y. Dec. 14, 2017) ................. 6 Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS),
2020 WL 2405350 (D. Conn. May 12, 2020) ................................................................. 2, 3, 4, 8 Marvel Characters, Inc. v. Simon, 310 F.3d 280 (2d Cir. 2002) .................................................. 11 McFaden v. United States, No. 00-cr-671 (AKH),
2020 WL 1322833 (S.D.N.Y. Mar. 20, 2020)............................................................................. 7 Moles v. Lappin, No. 08-cv-594-F, 2010 WL 796756 (W.D. Okla. Feb. 26, 2010) ...................... 8 Plata v. Brown, 427 F. Supp. 3d 1211 (N.D. Cal. 2013) ................................................................ 6 Reaves v. Department of Correction, 404 F. Supp. 3d 520 (D. Mass. 2019) ................................. 6

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Reese v. Warden, Phila. FDC, 904 F.3d 244 (3d Cir. 2018) ........................................................ 11 Reyes v. Keane, 90 F.3d 676 (2d Cir. 1996) ................................................................................... 4 Robinson v. Knibbs, No. 16-cv-03826 (NSR), 2019 WL 2578240 (S.D.N.Y. June 24, 2019) ...... 5 Royer v. BOP, 933 F. Supp. 2d 170 (D.D.C. 2013)........................................................................ 8 United States v. Abuhamra, 389 F.3d 309 (2d Cir. 2004) ............................................................ 12 United States v. Am. Radiator & Standard Sanitary Corp., 388 F.2d 201 (3d Cir. 1967) ............. 9 United States v. Berrios-Berrios, 791 F.2d 246 (2d Cir. 1986) .................................................... 12 United States v. Browning, No. 20 Cr. 02, 2020 WL 2306566 (S.D.N.Y. May 7, 2020) ............ 12 United States v. Chimurenga, 760 F.2d 400 (2d Cir. 1985) ......................................................... 12 United States v. Ebbers, __F. Supp. 3d__, 2020 WL 91399 (S.D.N.Y. 2020)............................. 12 United States v. Hatcher, 18 Cr. 454 (KPF) ................................................................................. 10 United States v. Woodson, No. 18 Cr. 845 (PKC),
2020 WL 2114770 (S.D.N.Y. May 4, 2020) ....................................................................... 10, 13 Williams v. Hackman, 364 Fed. App’x 268 (7th Cir. 2010) ......................................................... 11 Wilson v. Williams, No. 20-3447 (6th Cir. filed May 4, 2020) (ECF No. 23-2) ............................ 3 Zambrana v. Califano, 651 F.2d 842 (2d Cir. 1981) ...................................................................... 9 Federal Statutes 18 U.S.C. § 3582........................................................................................................................... 15 18 U.S.C. § 3621............................................................................................................... 1, 8, 9, 10 18 U.S.C. § 3624............................................................................................................................. 8 18 U.S.C. § 3626.................................................................................................................... passim
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PRELIMINARY STATEMENT Respondent Marti Licon-Vitale (“Respondent”), in her official capacity as Warden of the Metropolitan Correctional Center (“MCC”), by her attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, respectfully submits this reply memorandum of law in further support of her partial motion to dismiss (“Mot.”) (ECF No. 46) the Class Action Petition Seeking Writs of Habeas Corpus (the “Petition” or “Pet.”) (ECF No. 1), and in response to petitioners’ opposition thereto (“Opp.”) (ECF No. 57). For the reasons stated herein and in Respondent’s motion, this Court should dismiss the claims requesting the release of inmates from the MCC. First, Section 3626 of the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626, precludes such claims. That section forbids this Court from issuing a “prisoner release order” unless, per 18 U.S.C. § 3626(g)(2), the sole available remedy for the claimed constitutional violation is release from incarceration—which it is not here, by petitioners’ own admission. Indeed, petitioners seek several types of relief from this Court in addition to their release. Second, petitioners’ claims that seek the transfer of inmates to other BOP facilities or to out-of-prison placements, such as home confinement, are also precluded by 18 U.S.C. § 3621. As petitioners concede, Section 3621 prohibits judicial review of BOP’s decisions regarding where inmates serve their sentences. While petitioners argue that this section does not apply because the Court may entertain their constitutional claims, they confuse the Court’s jurisdiction to hear their claims with its authority to grant the particular type of relief they are seeking. Finally, principles of comity call for dismissal of petitioners’ release claims. Petitioners fail to offer a good reason why this Court should consider issuing orders that are inconsistent with those of the other district court judges that denied the motions for release filed by Petitioners Hatcher and Woodson or denied bail to Petitioner Fernandez-Rodriguez.

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Accordingly, petitioners' release claims must be dismissed. ARGUMENT
I. Section 3626 of the PLRA Precludes Petitioners’ Release Claims Section 3626 precludes this Court from ordering prisoner release. Contrary to petitioners’
assertions, challenges only to conditions of confinement are not exempt from Section 3626, and the Petition seeks a prisoner release order. Section 3626 therefore precludes this Court from granting Petitioners’ release claims.
A. Section 3626 Applies to Petitioners’ Release Claims Section 3626 states in relevant part that “[i]n any civil action with respect to prison
conditions, no court shall enter a prisoner release order unless—(i) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order; and (ii) the defendant has had a reasonable amount of time to comply with the previous court orders.” 18 U.S.C. § 3626(a)(3)(A). The statute exempts from its scope “habeas corpus proceedings challenging the fact or duration of confinement in prison.” Id. § 3626(g)(2). However, district courts have consistently held that this statutory exception applies only when a petition challenges the conditions of confinement and claims that release from incarceration is the sole viable remedy. Here, because petitioners seek a variety of forms of relief in addition to release, see Pet., Prayer for Relief ¶¶ iii.a-c. (seeking relief relating to prison conditions, the provision of medical care, and more), and do not assert that these alternative remedies cannot resolve their claims, the exception is inapplicable.
Courts have thus allowed habeas petitions challenging conditions of confinement to proceed when petitioners have alleged that “nothing short of an order ending their confinement[] will alleviate th[e] [constitutional] violation.” Martinez-Brooks v. Easter, No. 3:20-cv-00569 (MPS), 2020 WL 2405350, at *16 (D. Conn. May 12, 2020); see also Wilson v. Williams, No.
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20-3447, slip op. at 3 (6th Cir. filed May 4, 2020) (ECF No. 23-2) (unpublished) (“Where a petitioner claims no set of conditions would be constitutionally sufficient, we construe the petitioner’s claim as challenging the fact of confinement.”); Baez v. Moniz, Civ. No. 20-10753LTS, 2020 WL 2527865, at *2 (D. Mass. May 18, 2020) (petitioner claimed that “[i]n these circumstances, release is the only means of protecting Petitioner” (emphasis in original)). The district court decisions on which petitioners rely all concluded that challenges to prison conditions could proceed under Section 3626(g)(2) because the petitioners had “challeng[ed] the fact—or ‘existence’—of their confinement,” by claiming that “the Eighth Amendment violation inheres in their incarceration . . . and cannot be remedied unless they are removed from that setting.” Martinez-Brooks, 2020 WL 2405350, at *16.
Here, by contrast, petitioners are challenging prison conditions that they concede are capable of remedy without court-ordered release from incarceration. Opp. at 6 (“Petitioners challenge the conditions of their confinement as well as the ‘fact’ of their confinement.”). They cite no authority that permits them to proceed with a release claim in that circumstance. Instead, they mistakenly attempt to characterize the petitions in the cases they cite as not having alleged constitutional violations that could not be resolved absent release. See Opp. at 6-7. The petition in this case instead resembles the one in Alvarez v. Larose, 20-CV-782 (DMS) (AHG), 2020 WL 2315807 (S.D. Cal. May 9, 2020). In that case, the district court held that Section 3626 precluded a habeas action where, as here, the petitioners “fail[ed] to argue there are no set of conditions of confinement that would be constitutionally sufficient.” Id. at *3.
This Court should also reject petitioners’ invitation to rely on unsubstantiated dicta in Martinez-Brooks to exempt habeas proceedings, like this one, that challenge both conditions of confinement and the fact or duration of confinement. Opp. at 5 (citing Martinez-Brooks, 2020 WL
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2405350, at *17). The cited statement misconstrues Second Circuit precedent relating to challenges to criminal convictions and sentences. See id. at *17 n.17 (citing Jones v. Smith, 720 F.3d 142, 145 n.3 (2d Cir. 2013)). In a footnote describing its earlier decision in Reyes v. Keane, 90 F.3d 676, 678 (2d Cir. 1996), overruled on other grounds by Lindh v. Murphy, 521 U.S. 320 (1997), the Second Circuit stated that the court in Reyes decided that habeas petitions “that challenge criminal convictions and sentences, and not petitions, sometimes brought under 28 U.S.C. § 2241, that complain of conditions of confinement,” are “not civil actions covered by the PLRA.” Jones, 720 F.3d at 145 n.3. Contrary to petitioners’ suggestion, this statement—that challenges to criminal convictions and sentences are not covered by the PLRA—does not support their construction of Section 3626(g)(2), and thus their release claims are governed by Section 3626.
B. The Petition Seeks a Prisoner Release Order Section 3626 makes clear that a “prisoner release order” —like the one sought by
petitioners here—may be issued only upon the occurrence of certain preconditions, which have not been met in this case. 18 U.S.C. § 3626(a)(3)(A). The PLRA defines a prisoner release order as “any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison.” Id. § 3626 (g)(4). Section 3626(a)(3)(A) commands that such an order may be issued only if : “(i) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order; and (ii) the defendant has had a reasonable amount of time to comply with the previous court orders.” Id. In addition, a prisoner release order may only be issued by a three-judge court, and only if certain requirements are met. Id. § 3626(a)(3)(B), (E).
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Here, petitioners have not shown (and cannot show) that a previous order was entered for less intrusive relief that has failed to remedy the deprivation of the federal right and that Respondent has had a reasonable amount of time to comply with the prior court order. 18 U.S.C. § 3626(a)(3)(A). Accordingly, their claims are barred by the plain language of the statute. Food Mktg. Inst. v. Argus Leader Media, 139 S. Ct. 2356, 2364 (2019) (The “proper starting point” of statutory interpretation is “a careful examination of the ordinary meaning and structure of the law itself . . . . Where, as here, that examination yields a clear answer, judges must stop.”).
While petitioners cite snippets of legislative history in favor of the construction that this provision limits only claims against state prison administrators for conditions caused by overcapacity alone, see Opp. at 8-10, this interpretation is hard to square with the unambiguous language Congress ultimately enacted. See Food Mktg. Inst., 139 S. Ct. at 2364 (courts should “never allow,” “consult[ing] legislative history . . . to be used to ‘muddy’ the meaning of ‘clear statutory language’”); see also Conboy v. AT&T Corp., 241 F.3d 242, 255 (2d Cir. 2001) (“Congress restricts a court’s equitable power when a statute limits that power in so many words, or by a necessary and inescapable inference.” (internal quotation marks omitted)).
Nor does petitioners’ proposed construction make sense. As an initial matter, claims by federal prisoners are plainly subject to the PLRA (of which Section 3626 is a part), as the Second Circuit and district courts have long applied the PLRA’s administrative exhaustion requirements to federal inmates asserting Bivens claims. See Burgos v. Craig, 307 F. App’x 469, 470 (2d Cir. 2000) (holding that the PLRA’s exhaustion requirement extends to federal prisoners asserting Bivens actions); Robinson v. Knibbs, No. 16-cv-03826 (NSR), 2019 WL 2578240, at *4 (S.D.N.Y. June 24, 2019) (“Under the PLRA, an inmate is required to exhaust his available remedies before filing a Bivens suit in federal court.”); Lowman v. Baird, 16-CV-6518 (VSB),
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2017 WL 6403519, at *5 (S.D.N.Y. Dec. 14, 2017) (“Under the PLRA, a prisoner pursuing a federal lawsuit, including a Bivens action, is required to exhaust the available administrative remedies before a court may hear his case.”). Given that the PLRA plainly limits the manner in which federal inmates may assert constitutional claims—and that petitioners cite no decisions holding that Section 3626 or any other PLRA provision are limited to state inmates—there is no reason not to apply Section 3626 to petitioners’ claims.
Moreover, neither Reaves v. Department of Correction, 404 F. Supp. 3d 520 (D. Mass. 2019), nor Plata v. Brown, 427 F. Supp. 3d 1211 (N.D. Cal. 2013), support petitioners’ proposed understanding of “prisoner release order.” Neither of those cases addressed allegations where the constitutional violations, like those at issue in this case, stemmed from crowding, and the facts of both cases are clearly distinguishable. Reaves involved the transfer of a single prisoner. 404 F. Supp. 3d at 523-525. Following a bench trial in which the Court held that prison officials had failed to provide constitutionally adequate medical care for the quadriplegic plaintiff, the court in Reaves ordered defendants to transfer the plaintiff to another facility that could meet his needs. Defendants filed a motion to stay, arguing that the transfer order constituted a prisoner release order, and the court denied the motion. See Reaves, 404 F. Supp. 3d at 525. Plata involved a California prison seeking to reject the policy recommendation of a court-appointed receiver. 427 F. Supp. 3d at 1213-1214. The receiver had recommended that defendants transfer inmates atrisk for developing cocci disease, a non-contagious respiratory disease caused by exposure to fungal spores, out of a facility with undisputed severe cocci infection rates. Id. at 1214. Defendants argued that an order adopting the receiver’s policy recommendation should be considered a prisoner release order, id. at 1222, and the Court rejected the argument. Id. 12231224.
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Because petitioners’ release claims seek a “prisoner release order,” without awaiting any of the preconditions required for issuing such relief, Section 3626 requires the dismissal of these claims. II. Section 3621 Precludes Petitioners’ Claims Seeking Inmate Transfers
In addition, Section 3621 prohibits this Court from directing MCC to transfer inmates or release them to community placements, such as home confinement. As petitioners concede, “the Bureau of Prisons is tasked with designating ‘the place of the prisoner’s imprisonment,’ which ‘is not reviewable by any court.’” Opp. at 11 (quoting 18 U.S.C. § 3621(b)). BOP’s authority over placement decisions extends to its “discretion over whether to release an inmate to home confinement pursuant to 18 U.S.C. § 3624(c) and the CARES Act.” Id. (citing McFaden v. United States, No. 00-cr-671 (AKH), 2020 WL 1322833, at *1 (S.D.N.Y. Mar. 20, 2020)); see also Livas v. Myers, No. 2:20-V-00422, 2020 WL 1939583 (W.D. La. Apr. 22, 2020) (noting in a challenge to COVID-19 conditions at a federal prison that “[b]oth placement in a Residential Reentry Center (‘RRC’) (more commonly known as a halfway house) and on home confinement are within the BOP’s discretion”). Given BOP’s undisputed authority over facility designation, including the decision whether to place an inmate in the community, the Court should dismiss petitioners’ release claims which seek “release of inmates to home confinement where reasonable,” Opp. at 14, or the “prompt transfer from the MCC to another BOP facility,” Pet., Prayer for Relief, ¶ (iii)(e).
Petitioners erroneously argue that Section 3621 does not preclude their claims because they fall within the Court’s authority to review constitutional violations, see Opp. at 12-13—thus failing to distinguish between the Court’s ability to hear their claims and the statutory restrictions on the relief the Court may order if the claims succeed. Respondent has not argued that Section 3621 interferes with the Court’s jurisdiction to entertain Petitioner’s constitutional challenge to
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conditions at the MCC. Rather, Respondent has demonstrated that Section 3621 precludes the Court from ordering the transfer of MCC inmates to other BOP facilities or community-based placements even if it finds that petitioners’ constitutional claims have merit. Put simply, because Section 3621 expressly prevents the Court from reviewing BOP’s decision whether to transfer inmates or place them in community settings, the Court cannot consider claims that ask it to effectively overturn those decisions.
The cases on which petitioners rely are not to the contrary as they are all inapposite or taken out of context, and do not override the plain meaning of Section 3621. See Opp. at 12. For example, Fermin-Rodriuez v. Westchester County Jail Med. Pers., 191 F. Supp. 2d 358, 362 n.3 (S.D.N.Y. 2002), in dicta that Section 3621 may not preclude judicial review of inmate transfers made in violation of constitutional rights, such as transfers “in retaliation for exercising constitutionally protected rights,” or transfers in violation of state statutes or regulations that create protected liberty interests. Another out-of-district case held that BOP’s classification of an inmate as a “terrorist inmate” was not a placement decision protected from judicial review by Section 3621. Royer v. BOP, 933 F. Supp. 2d 170, 181 (D.D.C. 2013). Yet another concluded that Section 3621 did not preclude judicial review of an inmate’s claims that prison officials failed to protect him from attacks by other inmates, though it then found that he was not entitled to injunctive relief. Moles v. Lappin, No. 08-cv-594-F, 2010 WL 796756, at *5 n.4 (W.D. Okla. Feb. 26, 2010). And the last, discussed above, held that Section 3621 is “not an obstacle” to the issuance of a temporary restraining order where inmates alleged that release from incarceration was the only relief that could remedy the alleged constitutional violations they had suffered. Martinez-Brooks, 2020 WL 2405350 at *15. None of these cases stands for the proposition that inmates whose constitutional claims were allegedly violated by prison conditions—which
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admittedly could be remedied by court-ordered remedies—may seek a court order overturning BOP’s decision not to release them to home confinement or halfway houses.
The Court accordingly should dismiss petitioners’ release claims to the extent they seek such relief. III. The Court Should Dismiss the Release Claims Because They Constitute Improper
Collateral Attacks on Individualized Rulings and Risk Inconsistent Decisions Finally, principles of comity and estoppel weigh in favor of dismissal of petitioners’ release claims because they constitute improper collateral attacks on decisions rendered in inmates’ individual criminal cases, and entertaining risks inconsistent rulings. “Courts already heavily burdened with litigation with which they must of necessity deal should . . . not be called upon to duplicate each other’s work in cases involving the same issues and the same parties.” United States v. Am. Radiator & Standard Sanitary Corp., 388 F.2d 201, 204 (3d Cir. 1967) (internal quotation marks omitted). Federal courts have long recognized the importance of judicial comity amongst themselves. See id. (“Within a single circuit where decisions of all district courts are reviewed by a single court of appeals, there is rarely need or justification for action by one district court interfering with the course of litigation pending in another.”); Zambrana v. Califano, 651 F.2d 842, 844 (2d Cir. 1981) (“Generally, principles of comity and judicial economy make courts reluctant to exercise jurisdiction over claims involving the orders of coordinate courts.”); Brittingham v. Comm’r, 451 F.2d 315, 318 (5th Cir. 1971) (“comity dictates that courts of coordinate jurisdiction not review, enjoin or otherwise interfere with one another’s jurisdiction”); Burrows v. Interactive AIDS Counseling Servs., Inc. v. Reno, 93 Civ. 1795 (PKL), 1993 WL 213017, at * 3 (S.D.N.Y. June 17, 1993) (“[P]rinciples of comity require this Court to defer to the rulings of the court in the Eastern District under these circumstances and, thus, the action before this Court is dismissed.”); see also Bergh v. Washington, 535 F.2d
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505, 507 (9th Cir. 1976) (“When an injunction sought in one federal proceeding would interfere with another federal proceeding, considerations of comity require more than the usual measure of restraint, and such injunctions should be granted only in the most unusual cases.”); Arthur Kahn Co., Inc. v. Switzer Bros., Inc., 201 F.2d 55, 55 (6th Cir. 1952) (“The United States Court of Appeals for the Sixth Circuit, upon the plainest principles of judicial comity, should not and will not attempt to interfere with an action now pending on appeal in the United States Court of Appeals for the Fifth Circuit.”). The purpose of judicial comity is simple—to avoid duplicative litigation and conflicting decisions relating to the same parties and issues.
In this case, principles of comity clearly call for dismissal of petitioners’ release claims. Judges in this District presiding over the respective criminal cases have denied the individualized release applications made by Petitioners Fernandez-Rodriguez, Hatcher, or Woodson. See Mot. at 4-9. Clearly, a decision of this Court directing BOP to release these inmates to home confinement would be inconsistent with such decisions.
Indeed, in the cases of Petitioners Hatcher and Woodson, the sentencing judges specifically did not recommend that BOP place them in the community. See United States v. Woodson, No. 18 Cr. 845 (PKC), 2020 WL 2114770, at *4 (S.D.N.Y. May 4, 2020) (holding that placing Woodson on confinement would overly tax the resources of the Office of Probation); United States v. Hatcher, 18 Cr. 454 (KPF), Apr. 16, 2020, Hearing Transcript at 18:15-21 (ECF No. 234) (declining to recommend that BOP consider furlough for Hatcher “because I don’t know what the plan is for Ms. Hatcher’s release”). As for Petitioner Fernandez-Rodriguez, for whom the presiding district judge denied bail pending his trial, see Order, Apr. 7, 2020, United States v. Fernandez-Rodriguez, 20 Crim. 43 (GBD) (ECF No. 27), petitioners’ claim would constitute an improper end-run around the governing bail standard. See Reese v. Warden, Phila.
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FDC, 904 F.3d 244, 247 (3d Cir. 2018) (“[F]ederal defendants who seek pretrial release should do so through the means authorized by the Bail Reform Act, not through a separate § 2241 action.”); Williams v. Hackman, 364 F. App’x 268 (7th Cir. 2010) (“[A] federal pretrial detainee cannot use § 2241 to preempt the judge presiding over the criminal case.”).
Moreover, while principles of comity call for dismissal of both the Petition’s release claims that have been litigated as well as those that have not, collateral estoppel requires dismissal of release claims, like those of Petitioners Fernandez-Rodriguez, Hatcher and Woodson, that have been rejected by judges in the criminal proceedings. “Collateral estoppel, or issue preclusion, prevents parties or their privies from relitigating in a subsequent action an issue of fact or law that was fully and fairly litigated in a prior proceeding.” Marvel Characters, Inc. v. Simon, 310 F.3d 280, 288 (2d Cir. 2002). Here, there can be no dispute that Petitioners Fernandez-Rodriguez, Hatcher and Woodson previously litigated the same issues surrounding their release. Petitioners raised in motions in their criminal cases the same arguments regarding risks to their health, the alleged conditions within the MCC, and why the potential dangers outweighed the flight and security concerns posed by their release. See Mot. at 4-9. Accordingly, relitigation of these claims is barred by collateral estoppel.
Petitioners’ argument that the COVID-19 pandemic should justify overriding comity concerns, particularly given that this civil case provides an opportunity for discovery absent from criminal proceedings, see Opp. at 16, is mistaken as it fails to appreciate the differing burdens of proof between a civil case alleging constitutional violations and the relevant forms of release available in criminal proceedings. To prevail in this case, petitioners must demonstrate that, in allegedly exposing them to risk of communicable disease, prison officials acted in a manner “contrary to current standards of decency for anyone to be so exposed.” Helling v. McKinney,
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509 U.S. 25, 35 (1993). In contrast, on a motion for bail pending trial, the Government must first “establish by a preponderance of the evidence that the defendant, if released, presents an actual risk of flight.” United States v. Browning, No. 20 Cr. 02, 2020 WL 2306566 (S.D.N.Y. May 7, 2020) (citing United States v. Berrios-Berrios, 791 F.2d 246, 250 (2d Cir. 1986)). If the Government satisfies that burden, it must then demonstrate, also by a preponderance of the evidence, that “no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” Id. (citing United States v. Chimurenga, 760 F.2d 400, 405 (2d Cir. 1985)). On a motion for bail pending sentencing, the defendant must establish by “clear and convincing evidence that he is not a risk of flight or a danger to any person or the community.” United States v. Abuhamra, 389 F.3d 309, 319 (2d Cir. 2004). And on a motion for compassionate release, the defendant must show that “extraordinary and compelling reasons warrant” a sentence reduction, and that the “reduction is consistent with applicable policy statements issued by the Sentencing Commission.” United States v. Ebbers, __F. Supp. 3d__, 2020 WL 91399, at *4 (S.D.N.Y. Jan. 8, 2020) (citing 18 U.S.C. § 3582(c)(1)).
Thus, for either a motion for compassionate release or a motion for bail pending sentencing, the court’s inquiry focuses on the defendant’s individual circumstances, and not on the state of mind or actions of prison officials. It is thus far from clear why civil discovery on that issue is relevant to an individual release motion.
Moreover, since district court judges presiding over criminal proceedings are just as aware of the COVID-19 pandemic as this Court, there is no reason why this Court should afford these inmates another opportunity to raise these claims. For example, Judge Castel, who considered Petitioner Woodson’s motion for compassionate release, assumed that he was “at a
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greater risk of exposure to the virus than he would be if he were at liberty or on home confinement,” but nonetheless denied the motion. Woodson, 2020 WL 2114770, at *2. Petitioners offer no reason why he is entitled to a second bite at the apple from this Court, which would be less familiar with the inmates’ personal circumstances and their criminal cases, under a different legal standard.
CONCLUSION For the foregoing reasons, the Court should dismiss petitioners’ claims seeking the release or transfer of MCC inmates. Dated: New York, New York June 1, 2020
Respectfully submitted, GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for Respondent By: /s/ Jessica Jean Hu JEAN-DAVID BARNEA JESSICA JEAN HU ALLISON ROVNER Assistant United States Attorneys 86 Chambers Street, 3rd Floor New York, New York 10007 Telephone: (212) 637-2679/2726/2691 Facsimile: (212) 637-2686 E-mail: jean-david.barnea@usdoj.gov
jessica.hu@usdoj.gov allison.rovner@usdoj.gov
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 Case 1:20-cv-03315-ER Document 89 Filed 07/02/20 Page 1 of 64

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CESAR FERNANDEZ-RODRIGUEZ, ROBER GALVEZ-CHIMBO, SHARON HATCHER, JONATHAN MEDINA, and JAMES WOODSON, individually and on behalf of all others similarly situated,
Petitioners,
– against –
MARTI LICON-VITALE, in her oﬃcial capacity as Warden of the Metropolitan Correctional Center,
Respondent.

OPINION & ORDER 20 Civ. 3315 (ER)

RAMOS, D.J.: �e World Health Organization declared the Novel Coronavirus Disease, COVID-
19, a global pandemic on March 11, 2020. Two days later, on March 13, the United States declared the pandemic a national emergency. But even in the weeks and months prior to those declarations, WHO and other public health organizations were warning about the potential of the virus to infect and kill untold numbers of people around the globe. Sadly, some of the most grim predictions have come to pass as the virus has taken an unspeakable toll. �e experience in the United States has been particularly dire. By all accounts, this country leads the world in both the number of infections and fatalities.
�e virus started to spread particularly quickly through the City of New York in the early spring of this year. It brought life in the City to a standstill, sickening hundreds of thousands of residents. As thousands of people per day required hospitalization, the virus overwhelmed New York’s healthcare system, despite drastic eﬀorts to blunt its spread. �e pandemic has ebbed in New York, but it continues to ravage the country. Indeed, as of the date of this Opinion there appears to be no end in sight, as each passing day brings a record number of new cases.

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While our elected oﬃcials have debated how best to implement the recommendations of public health authorities to slow the spread of the virus, there at least exists a broad consensus as to what those appropriate measures are. Speciﬁcally, individuals should, if at all possible, maintain an appropriate “social distance” from each other and wear a face covering when that is not possible. Testing for the virus should be made widely available and is strongly recommended for individuals that exhibit symptoms of the disease. Individuals who test positive should be isolated, and eﬀorts should be made to identify those who have recently been in close contact with infected individuals, so that they may quarantine for an appropriate period of time. Finally, all individuals should adopt a rigorous regime of personal hygiene, emphasizing frequent hand washing.
�ere is a common-sense recognition that jails and other correctional institutions present a particular dilemma for combating the virus because, by their nature, they make nearly impossible the imperative of social separation. It is for that reason that the Centers for Disease Control and Prevention (“CDC”) issued speciﬁc guidance for correctional institutions, and the Attorney General of the United States instructed all wardens to use the tools at their disposal to lessen the number of inmates under their stewardship. It is also for this reason that the management of the Metropolitan Correctional Center in Manhattan (the “MCC”) was included in a series of meetings convened by Chief Judge Colleen McMahon beginning in early March with other stakeholders in the criminal justice system to discuss how our work might safely be carried on.
�e inmates housed at the MCC were not spared the outbreak. As will be discussed below, while the management of the MCC was well aware of the threat posed by the virus and of the guidance that was issued to address it, it failed to implement common-sense measures to stop the spread of the virus. In March and April, at least ﬁve percent of the MCC’s inmates fell ill with COVID-19. Although no inmate died, many were debilitated by coughs that wracked their bodies, fatigue so extreme they could not
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rise from bed, and a host of other symptoms. Even now, after the peak of the outbreak at the MCC, a handful of inmates continue to test positive for the disease.
Four inmates1 currently held in the MCC petition this court for writs of habeas corpus on behalf of themselves and other MCC inmates, arguing that the planning and reaction to the pandemic — or lack thereof —constituted deliberate indiﬀerence to the extreme risk the novel coronavirus posed. �ey argue that the conditions in which they were held shock the conscience of any civilized society and violate their rights to Due Process and to freedom from Cruel and Unusual Punishment guaranteed by the U.S. Constitution. �ey now move the Court to preliminarily enjoin the MCC’s warden and to order her to take certain precautions to protect all inmates from a new outbreak.
�e warden, for her part, urges the Court to allow her and her team to prepare for the next outbreak without judicial oversight, providing both an analysis of where her staﬀ fell short during the ﬁrst emergency and promises for how they will improve as the situation continues to develop. She also moves to dismiss the inmates’ claims insofar as they seek release from the MCC.
�e inmates are likely to show that the MCC’s response to the pandemic was adhoc and overlooked many gaps in its scheme to identify and isolate infected inmates — creating conditions that posed a substantial risk to the health of all inmates. As discussed in further detail below, however, the Court concludes that the inmates are not substantially likely to show that the MCC’s failures were a result of deliberate indiﬀerence to their plight. Accordingly, the inmates’ motion for a preliminary injunction is DENIED. Additionally, because the Court determines that there are no statutory or equitable bars to considering release as a remedy for inmates in its ﬁnal determination of this matter, the warden’s motion to partially dismiss the inmates’ petition is also DENIED.
1 A ﬁfth petitioner, Jonathan Medina, terminated his participation in this lawsuit on May 18, 2020. Doc. 41.
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I. FACTUAL BACKGROUND2 A. COVID-19 and Initial BOP Guidance Nearly 130,000 Americans have perished from COVID-19, and over 2.6 million
have become ill as of July 1.3 �e numbers in New York City are no less sobering: over 20,000 have died and nearly 220,000 have gotten sick.4 �e disease causes fever, coughing, shortness of breath, nausea, loss of smell, and a host of other symptoms.5 At
particular risk are older adults, as well as those with certain underlying conditions, including heart disease, lung disease, and diabetes.6 For the most ill, trouble breathing and extreme fatigue can require hospitalization for intensive care.7
�e CDC identiﬁed correctional facilities as a setting of particular concern in guidance dated March 23, 2020.8 According to the CDC, the dense nature of a crowded
prison increases the risk of person-to-person transmission of the disease, especially as
new inmates enter the facility from any number of distant locales.
2 By agreement of the parties, the Court took evidence for this motion in the form of declarations from and depositions of MCC oﬃcials; 33 declarations submitted by current and former MCC inmates, as well as depositions of 5 of them; expert reports from Dr. Homer Venters for the inmates and Dr. Rebecca Lubelczyk for the warden; BOP guidance memoranda received by the MCC; certain documentary records produced by the MCC; and photographs taken during a May 13 court-ordered site inspection. Although the Court does not reference every inmate declaration in its Opinion and Order, the substance of each declaration is reﬂected in the Court’s discussion. �e evidence relied upon by the Court is contained in the following declarations of the following individuals: Deidre D. von Dornum (Doc. 7), Arlo Devlin-Brown (Doc. 51), Ishita Kala (Doc. 54), Assistant U.S. Attorney Jean-David Barnea (Doc. 60), Dr. Robert Beaudouin (Doc. 61), Schnahider Demosthenes (Doc. 65), Associate Warden Charisma Edge (Doc. 66), and Assistant U.S. Attorney Allison Rovner (Doc. 68). �e Court additionally take’s judicial notice of the latest infection statistics and symptoms as published by the CDC and BOP. See Basank v. Decker, No. 20 Civ. 2518 (AT), 2020 WL 1953847, at *5 (S.D.N.Y. Apr. 23, 2020) appeal ﬁled No. 20-1966 (2d Cir. June 22, 2020). 3 Coronavirus Disease 2019 (COVID-19): Cases in the U.S., Ctrs. for Disease Control & Prevention, https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last updated July 1, 2020). 4 Id. 5 Coronavirus Disease 2019 (COVID-19): Symptoms, Ctrs. for Disease Control & Prevention, https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html (last updated May 13, 2020). 6 Id. 7 Id. 8 See Kala Decl. ex. 20 (“CDC Correctional Facility Guidance”) at 2.
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�e federal Bureau of Prisons (the “BOP”) has not been spared the impact of the pandemic. According to its own data, as of July 1, nearly 1,600 BOP inmates were currently ill with COVID-19, as conﬁrmed by testing; 90 have died since the outbreak began. Over 160 staﬀ have tested positive and are currently sick, as well; 1 staﬀ member has died.9 Some BOP facilities are experiencing large-scale outbreaks, with the Bureau identifying nearly 600 COVID-19 positive inmates in Butner, North Carolina; over 270 at the Elkton facility in Lisbon, Ohio; over 110 in Seagoville, Texas; and nearly 100 in Fairton, New Jersey.10
�e BOP began planning for the coronavirus pandemic in January 2020 as part of its “Phase One,” using its Pandemic Inﬂuenza Plan as a guide.11 �e Bureau issued its ﬁrst guidance to prison oﬃcials on January 31 and then on February 29, recommending that facilities screen staﬀ and new inmates for exposure to persons either diagnosed with COVID-19 or who exhibited symptoms of the disease.12 �e guidance further recommended, inter alia, educating staﬀ, ﬁtting them for N95 respirator masks, and conducting an inventory of and procuring personal protective equipment (“PPE”). It also recommended that prison executive staﬀ “determine where persons with COVID-19 risk factors would be quarantined in the facility, if needed.”13 Finally, the February 29 guidance included a screening tool for inmates.14 It directed that screeners ask whether the inmate had been to an area where COVID-19 was prevalent and whether the inmate had been in contact with someone diagnosed with COVID-19. It listed fever, cough, and
9 See COVID-19 Update, Bureau of Prisons, https://www.bop.gov/coronavirus/ (last updated July 1, 2020). BOP reports “the most recently available conﬁrmed lab results involving open cases from across the agency.” Id. (emphasis removed). 10 Id. 11 Edge Decl. ¶ 9. 12 Beaudouin Decl. exs. 2, 16. 13 Beaudouin Decl. ex. 2 at MCC 1727. 14 Beaudouin Decl. ex. 16.
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shortness of breath as symptoms to look for, and noted that “[f]ever may not be present in some patients.” If an inmate was symptomatic, the tool directed screeners to immediately place a surgical mask on the inmate, to isolate the inmate, and to “minimize and keep a log of all persons interacting with (6ft.) or caring for, the inmate,” and for staﬀ to wear proper PPE around the inmate.
B. MCC and the Early Pandemic At the time of the February 29 guidance, MCC leadership had not engaged in any planning for a potential outbreak.15 On February 27, a security failure unrelated to the pandemic hit the MCC: one of its correctional oﬃcers smuggled a loaded ﬁrearm into the facility, prompting a complete lockdown as staﬀ searched for the gun.16 On March 4, over 150 inmates were moved to another BOP facility in Otisville, New York to facilitate the search. During this time, prison oﬃcials attended several meetings with stakeholders in the federal justice system as it prepared for the looming COVID-19 pandemic. At the ﬁrst such meeting, convened on March 4 by Chief Judge Colleen McMahon of this District with the U.S. Marshal’s Service, the Federal Defenders, and others, MCC oﬃcials indicated that they had not yet begun planning for the pandemic due to the ongoing search for the smuggled gun.17 Chief Judge McMahon convened a second meeting on March 12 to speciﬁcally discuss issues surrounding COVID-19. At that meeting, the MCC’s warden indicated, inter alia, that the facility did not have a testing protocol or a plan for acquiring test kits and that it had not identiﬁed a location to isolate sick inmates, but that it had ordered PPE for staﬀ.18
15 See Kala Decl. ex. 7 (“Licon-Vitale Dep.”) at 15:11–14 (Q: “[H]ad anything been done as of March 1st to plan for COVID-19?” A: “Not that I’m aware of.”). 16 Edge Decl. ¶ 17. 17 Von Dornum Decl. ¶ 6. 18 Id. ¶ 10.
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�e MCC’s lockdown was lifted on March 13, after the gun was found, returning the prison to normal operations.19 �e same day, BOP oﬃcials promulgated guidance regarding “Phase Two” of the Bureau’s response to COVID-19; they updated the guidance on March 18.20 In that guidance, BOP suspended legal and social visits, as well as non-essential inmate movement, for 30 days. It further recommended continued symptom screening and temperature checks for staﬀ. It recommended that all new inmates from geographic areas suﬀering community spread of the virus be screened, that at-risk asymptomatic inmates be quarantined, and that “[s]ymptomatic inmates with exposure risk factors [] be isolated and tested for COVID-19 per local health authority protocols.”21 It also recommended that wardens “implement modiﬁed operations to maximize social distancing in [BOP] facilities, as much as practicable.”22 MCC staﬀ held a series of town halls with inmates soon after the guidance was released to explain the new procedures, including the reasons for suspending visits and the need for social distancing.23
Chief Judge McMahon convened a third meeting on March 20. At that meeting, the MCC’s warden reported that the prison had identiﬁed 23 inmates as being at-risk for serious complications from COVID-19.24 �e warden told the group that the prison had no test kits, and a total of 30 N95 masks and 100 surgical masks for an inmate population of over 650. She also indicated that two inmates had been sent to the hospital after
19 Edge Decl. ¶ 17. About one-third of the inmates had returned from Otisville on March 9, and nearly all of the remainder returned on March 12. Id. 20 Edge Decl. ex. 1 at MCC 1390–94. On this date, BOP promulgated guidance for Phase 3 of its action plan, as well. Edge Decl. ¶ 11. It related to remote work for administrative locations and is not relevant to this lawsuit. 21 Edge Decl. ex. 1 at MCC 1393. 22 Id. 23 Edge Decl. ¶ 19. 24 Von Dornum Decl. ¶ 15.
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exhibiting symptoms of COVID-19, although they tested negative. �e warden reported that if other inmates complained of symptoms, they would be screened for elevated temperature or the presence of symptoms consistent with COVID-19. Additionally, the MCC assigned inmate orderlies to begin cleaning common areas on a regular basis as a preventative measure.25
C. �e Outbreak Begins Inmates began complaining of COVID-19 symptoms in mid-March. One sent an email to the “Sick Call” inbox26 on March 15, writing, “I have been sick for the past three days. I have been coughing as well as mild fever [sic]. I haven’t been able to sleep because of the coughing and discomfort.”27 Another wrote on March 18 that he or she had a cough and fever “for the past few days.”28 A third wrote on March 20, “I’ve been experiencing Flu like symptoms and would like to be tested for the COVID-19 ASAP Please,” following up the next day with “????????????”29 �e ﬁrst of these inmates was seen by medical staﬀ on March 21, six days after he or she sent the email, and the latter two were seen six weeks after their messages, on May 4 and 5.30 In declarations, two inmates describe themselves or their cellmates falling ill in mid-March. James Woodson, one of the named petitioners, reports that a man in his dormitory that slept nearby fell sick on March 21.31 �e man had a high fever and was
25 Edge Decl. ¶ 36. 26 As described, inmates may request medical care of “less urgent medical needs” through this electronic Sick Call inbox or through a handwritten note given to prison staﬀ. Beaudouin Decl. ¶ 24. According to the MCC, “[t]hese messages are generally reviewed within a day or two of when they are received, and inmates are scheduled for upcoming medical appointments based on the urgency of their symptoms and the availability of staﬀ.” Id. 27 Kala Decl. ex. 36 (“Inmate Sick Calls”) at MCC 209 (Inmate 235). 28 Id. at MCC 248 (Inmate 715). 29 Id. at MCC 242 (Inmate 361). 30 Kala Decl. ex. 37 (“Health Services Activity Rep.”) at MCC 1995, 2271, 2071, respectively. 31 Devlin-Brown Decl. ex. 5 (“Woodson Decl.”) ¶ 13.
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vomiting and sweating. Woodson and other inmates “bang[ed] on the walls and doors in order to attract the attention of [a guard], but the staﬀ did not remove him from [the] unit until the next morning.” Anthony Flynn, an inmate located in a cell on the ﬁfth ﬂoor, declared that he experienced a fever, chills, a headache, and a loss of taste and smell starting on March 21.32 He reports that he did not receive any medical attention while he was sick.
On the morning of March 23, three days after the warden’s third meeting with the Chief Judge and other stakeholders, MCC staﬀ began implementing certain changes to the prison’s operations. In the morning, the warden told her staﬀ that she was “working on a modiﬁed lock down plan.”33 Later, the prison entered a “Modiﬁed Move Schedule,” which limited inmates to their cells or dormitories except for a two-hour time period per day to access common areas.34 �e policy indicated that the common areas would be sanitized after each use. Also on this day, the CDC released guidance speciﬁcally related to managing COVID-19 in prison facilities, with much of the guidance focused on implementing screening, hygiene protocols, isolation, and social distancing.35
�at afternoon, the ﬁrst inmate at MCC tested positive for COVID-19. He had been sent to the hospital two days prior, complaining of chills, body aches, fever, dry cough, and a headache.36 After test results came in at approximately 3:00 p.m., the inmate was returned to the MCC and isolated.
32 Devlin-Brown Decl. ex. 18 (“Flynn Decl.”) ¶ 10. 33 Edge Decl. ex. 2. 34 Edge Decl. ex. 3. �is period was reduced to one hour the next day. Edge Decl. ex. 5. 35 See generally CDC Correctional Facility Guidance. 36 Edge Decl. ex. 4 at MCC 111. �is inmate was not the ﬁrst isolated. One was isolated on March 23 but tested negative for the disease on March 24. Kala Decl. ex. 32 (“Quarantine Isolation Flowsheet”) (Inmate 519).
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�e warden issued a memorandum informing the staﬀ that the inmate had tested positive and instructing them that his dormitory unit, Unit 11-South, be quarantined.37 She instructed that all inmates in the unit should be medically assessed daily. She further indicated that the prison would conduct a contact investigation to determine what staﬀ had been in contact with the inmate during the previous two weeks. In an email sent about 90 minutes after the inmate tested positive, a prison oﬃcial restricted inmates in Unit 11-South to their dorms except to pick up food during meal periods, and he included guidance that identiﬁed “fever, congestion, muscle aches [and] other ﬂu-like symptoms” as symptoms meriting an inmate being placed in isolation.38 Prison guards met with inmates on Unit 11-South to inform them of the new restrictions that evening.39
D. �e Outbreak Spreads Over the next week, the MCC isolated ten more inmates exhibiting symptoms of COVID-19.40 �ose inmates with diﬃculty breathing were given a chest x-ray to detect pneumonia and antibiotics to treat any such pneumonia.41 Inmates with fever were given Tylenol, and a few of the most serious cases were sent to the hospital. According to the MCC, isolated inmates were visited once or twice daily by medical staﬀ for checkups and were returned to their units 72 hours after symptoms subsided.42 Several of these inmates (along with the inmate isolated on March 23) were housed in the Special Housing Unit (the “SHU”) until March 29.43 �e SHU is normally
37 Edge Decl. ex. 4 at MCC 111. 38 Id. at MCC 13. 39 Edge Decl. ¶ 20. 40 Quarantine Isolation Flowsheet. One inmate was isolated on March 24, two were isolated on March 26, three were isolated on March 27, two were isolated on March 28, and two were isolated on March 29. Id. Due to a shortage of tests, the majority of these inmates were isolated based on symptoms they exhibited, rather than a positive test result at a hospital. Beaudouin Decl. ¶ 11. 41 Beaudouin Decl. ¶ 11. 42 Id. ¶ 12. 43 Id. ¶ 10.
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used to house inmates being disciplined or who are being protected for some reason,44 and many inmates expressed trepidation about being sent there for medical isolation, referring to it as “the box.”45 According to photographs taken during discovery, SHU cells contain a single concrete slab that functions as a bed, a concrete stool, and a combination sink and toilet.46 As MCC’s warden acknowledges, “the conditions for the inmates in the SHU are not as favorable as conditions in an ordinary cell . . . .”47
Vinicius Andrade was one of the inmates isolated in the SHU with COVID-19 symptoms. He had fallen ill on March 24, shaking, experiencing chills, and feeling feverish.48 According to his declaration, staﬀ checked his temperature but initially sent him back to his cell because he did not register a fever. Andrade took Tylenol the next night but woke up on the morning of March 26 with chills. Medical staﬀ took his temperature again, ﬁnding it was over 100.4 degrees — BOP’s threshold for a fever49; MCC staﬀ took Andrade to the hospital two hours later.50
When he returned the next day, March 27, Andrade was placed in the SHU.51 Although he had not been there before, he knew of it as a place “where they put the inmates who are in really big trouble.” MCC staﬀ did not give him a mattress, blanket, or pillow the ﬁrst night he was in the SHU. To sleep more comfortably, he tried to use his
44 See Licon-Vitale Dep. 64:4–7. 45 See, e.g., Devlin-Brown Decl. ex. 8 (“Beniquez Decl.”) ¶ 11 (“�e word around was, if you get sick or complain you’re going to the box, so a lot of people didn’t want to get out that they were sick.”). 46 See Kala Dec. exs. 14, 15; Devlin-Brown Decl. ex. 1 (“Venters Rep.”) ¶ 18. 47 Licon-Vitale Dep. 64:14–8. 48 Devlin-Brown Decl. ex. 6 (“Andrade Decl.”) ¶ 4. 49 Beaudouin Decl. ¶ 14. 50 Andrade Decl. ¶ 5. 51 Id. ¶ 6.
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jumpsuit as a pillow, but he was forced to put it back on when sleeping in only underwear and a t-shirt proved too cold. He was given a mattress and blankets the next day.52
He was kept isolated in the SHU for 15 days.53 He reports that he was coughing for ﬁve days, experienced muscle aches, and was unable to smell. Although he was given Tylenol three times a day and was told he had no fever, he reports that medical staﬀ never checked his chest or lungs and that he drank water exclusively from the cell’s sink. He reports that when he returned to his tier, “[t]he inmates in [his] tier gave [him] a plastic bag that they had put [his] blanket and sheet in so they did not spread the infection. But everything else was just the same, and the guys in [his] tier said no one had come to clean or given them any extra cleaning supplies.”54
In addition to Unit 11-South, which was quarantined on March 23, the prison quarantined Unit 11-North on March 27, and Units 5-South, 7-North, and 7-South on March 28.55 Inmates in quarantine reported delays between when they notiﬁed MCC staﬀ about symptoms consistent with COVID-19 and when they were isolated. For example, Armand Beniquez declares that his bunkmate, Dwayne, fell ill on March 23.56 Although Dwayne was seen by medical staﬀ that day, he did not improve. Beniquez attempted to get more help, but it did not arrive until March 25, when Dwayne allegedly showed a temperature of 102.9 degrees and was removed from the cell. As Dwayne was removed, a doctor said to Beniquez, “[I]f your bunkie is sick, we will send you to the box [i.e., the SHU] tomorrow, and then take you to the hospital.” Beniquez was left alone in the cell until Dwayne returned, although Dwayne’s belongings were never removed and
52 Id. ¶ 7. 53 Id. ¶ 8. 54 Id. ¶ 11. 55 Edge Decl. ex. 9 at MCC 22–28. In this email, the warden wrote, “We have a total of three inmates who have tested positive. . . . We can hold the line by following and maintaining the safety precautions.” 56 Beniquez Decl. ¶ 5.
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washed, with Beniquez claiming he never received supplies to clean up after Dwayne.57 Beniquez declares that he eventually developed a bad fever, chest pains, coughing, loss of taste, and fatigue.58 Despite talking to medical staﬀ during medical checks and guards during the day and emailing the warden, Beniquez claims that he never saw a doctor, with the warden telling him, “I’ve seen your temperature and it’s ﬁne.”59
Some inmates continued to seek medical attention through the sick-call system. On March 26, Carlos Garcia began to feel ill while working in the kitchen.60 He declares that he woke up the next day with a severe headache and covered in sweat. He told a guard that he was too sick to perform his kitchen duty and then told a doctor his symptoms.61 �e doctor told him to submit a sick call via email; he did so that day, March 27.62 Garcia felt worse over the next week, “constantly coughing,” sweating, and experiencing chest pains.63 He was eventually seen by medical staﬀ and placed in isolation on April 2, after speaking directly to a nurse.64
As the MCC dealt with the ﬁrst set of inmates to fall ill, the BOP and the Attorney General each released new guidance related to the pandemic. First, the BOP announced Phase Four of its response on March 26, updating it on March 28.65 �is guidance
57 Beniquez Decl. ¶ 9. 58 Id. ¶ 7. 59 Id. ¶ 8. Similarly, named petitioner Rober Galvez-Chimbo and his cellmate began to feel sick on March 25, reporting bloody nose, fever, loss of smell, coughing, aches, and chills. He and his cellmate asked for medical care, but guards did not respond. Galvez-Chimbo did not see a doctor until April 7 and was not isolated until April 8. Devlin-Brown Decl. ex. 3 (“Galvez-Chimbo Decl.”) ¶¶ 4, 5, 8. 60 Devlin-Brown Decl. ex. 19 (“Garcia Decl.”) ¶ 9. 61 Garcia Decl. ¶¶ 9, 10. 62 Id. ¶¶ 10, 11. Several other inmates submitted sick calls via email complaining of COVID-19- like symptoms during this period but waited some time before being seen by medical staﬀ, if they were seen at all. See, e.g., Inmate Sick Calls at MCC 239 (Inmate 569; Sent: Mar. 27; Never Seen), Inmate Sick Calls at MCC 237 & Health Services Activity Rep. at MCC 2007 (Inmate 254; Sent: Mar. 28; Seen: Apr. 2). 63 Garcia Decl. ¶ 12. 64 Id. ¶ 14–17. 65 Edge Decl. ex. 1 at MCC 1625–27.
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mandated that all incoming inmates be screened for fever and symptoms, that
asymptomatic inmates be quarantined for 14 days, and that symptomatic inmates be
placed in isolation. �e guidance further mandated screening of all staﬀ, contractors, and visitors, and that staﬀ be ﬁtted and trained on the use of N95 masks. Also on March 26, the Attorney General directed the Director of the BOP to “prioritize the use of [] various
statutory authorities to grant home conﬁnement for inmates seeking transfer in connection with the ongoing COVID-19 pandemic.”66 In that memorandum, the
Attorney General listed a number of discretionary factors for the consideration of inmates
for home conﬁnement, including:  �e age and vulnerability of the inmate to COVID-19, in accordance with [CDC] guidelines;  �e security level of the facility currently holding the inmate . . . ;  �e inmate’s conduct in prison . . . ;  �e inmate's score under [the Prisoner Assessment Tool Targeting Estimated Risk and Need], with inmates who have anything above a minimum score not receiving priority treatment under this Memorandum;  Whether the inmate has a demonstrated and veriﬁable re-entry plan that will prevent recidivism and maximize public safety, including veriﬁcation that the conditions under which the inmate would be conﬁned upon release would present a lower risk of contracting COVID-19 than the inmate would face in his or her BOP facility;  �e inmate's crime of conviction, and assessment of the danger posed by the inmate to the community. . . .67
66 Demosthenes Decl. ex. 3 at 1. �ese authorities can include furloughs, authorized by 18 U.S.C. § 3622, which allows prison wardens to authorize an inmate to spend up to 30 days outside the prison; home conﬁnement, authorized by 18 U.S.C. § 3624(c)(2), which allows certain inmates to serve the remainder of their imprisonment at home; and compassionate release, authorized by 18 U.S.C. § 3582(c)(1)(A), which allows a sentencing court to modify a term of imprisonment on the motion of the Director of BOP upon a ﬁnding of “extraordinary or compelling reasons” to do so. 67 Demosthenes Decl. ex. 3 at 1–2.
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E. Continued Infection & Staﬀ Reassignment Over the next ten days, the MCC isolated an additional 18 inmates,68 and quarantined three more units: Unit 5-North on March 30,69 Unit 2 (which contained the prison’s female inmates) on April 4,70 and Unit 9-North on April 8.71 �e MCC also transitioned its isolation ward from the SHU to Unit 3 on March 30.72 In addition, Phase Five of the BOP’s response started on March 31, directing prompt contact tracing for all persons who exhibited COVID-19 symptoms and dictating hygiene and social distancing protocols.73 �e guidance also directed prison staﬀ to conduct daily rounds of all departments, health staﬀ to conduct twice-daily rounds, and unit guards to conduct rounds every thirty minutes. �e ﬁrst woman isolated, Tiﬀany Days, began to feel unwell on March 29, feeling fatigued and lightheaded.74 When medical staﬀ came to her unit to distribute medication and take the inmates’ temperatures, Days told them of her symptoms. �ey told her to request medical attention via a sick-call email. By April 3, Days’ fatigue had intensiﬁed, and she began to cough.75 When medical staﬀ came to check on about ten women feeling ill, Days recorded a fever. She was isolated in Unit 2’s suicide watch room and, like Andrade in the SHU, reported not being provided sheets or a blanket and being too
68 Quarantine Isolation Flowsheet. �ree inmates were isolated on March 30, one on April 1, two on April 2, one on April 3, two on April 5, three on April 6, one on April 7, and four on April 8. One inmate was isolated on March 31, but tested negative for the disease on April 15. 69 Edge Decl. ex. 8 at MCC 29. 70 Id. at MCC 38. 71 Beaudouin Decl. ¶ 15. Prison oﬃcials held a town hall with inmates on Unit 9-North to discuss the disease and proper responses to it on March 31. Edge Decl. ¶ 28. 72 Edge Decl. ¶ 24. �e move was made in part due to lack of space in the SHU, which only contained four cells. Beaudouin Decl. ¶ 10. �e warden indicated that the SHU was initially chosen because it was “the easiest place to make . . . available” for isolation. Licon-Vitale Dep. at 63:18–21. 73 Edge Decl. ex. 1 at MCC 130–31. 74 Devlin-Brown Decl. ex. 15 (“Days Decl.”) ¶ 4. 75 Id. ¶ 5.
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cold.76 She indicates that she asked guards for water and was told to drink from the sink in the cell; she reports becoming so dehydrated her lips began to bleed.77
Around this time, Adrienne Roberts, a woman located in Unit 2, was given a new cellmate, Loren Piquant.78 Roberts declares that medical staﬀ saw Piquant in the cell with Roberts and asked Piquant, “[W]hy are you in here?” �e next evening, medical staﬀ visited again and, seeing Piquant, said “[Y]ou are not supposed to be in here, you have a fever.” Roberts’ temperature was taken, and she registered a fever. In a panic, Roberts acted as if she were going to hang herself in order to remove herself from the cell she shared with Piquant.79 Guards rushed in and placed Roberts in isolation.
On April 3, the Attorney General issued additional guidance expanding the category of inmates eligible for home conﬁnement:
I am therefore directing you to immediately review all inmates who have COVID-19 risk factors, as established by the CDC, starting with the inmates incarcerated at FCI Oakdale, FCI Danbury, FCI Elkton, and similarly situated facilities where you determine that COVID-19 is materially aﬀecting operations. You should begin implementing this directive immediately at the facilities I have specifically identiﬁed and any other facilities facing similarly serious problems. . . . [Y]our review should include all at-risk inmates — not only those who were previously eligible for transfer.80 Two days later, however, the warden reassigned all MCC staﬀ — including case managers, who would ordinarily review inmates for early release — to corrections posts to remedy staﬀ shortages.81 Recognizing that this shift would prevent case management staﬀ from implementing the Attorney General’s guidance,82 the associate warden
76 Id. ¶ 8. 77 Id. ¶ 9. 78 Devlin-Brown Decl. ex. 27 (“Roberts Decl.”) ¶ 13. 79 Id. ¶ 14. 80 Demosthenes Decl. ex. 4. 81 Demosthenes Decl. ¶ 38. 82 Edge Dep. at 156:13–16.
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approached the warden, who refused to provide additional staﬀ for the evaluation of home conﬁnement packages.83 As a result, while staﬀ were reassigned, the team did not evaluate any of the more than 50 compassionate release applications submitted by inmates; nor did it evaluate any inmates for home conﬁnement or furlough.84
Soon after case managers were reassigned to corrections posts, two more inmates sent emails complaining of long-lasting symptoms, both on April 8. One inmate living on Unit 11-North explained that he had been experiencing chills, aches, fatigue, and heavy coughing for ten days.85 He said he was having trouble breathing and that 13 of the 16 inmates in his dormitory were sick. His temperature was checked the next day, April 9, and he had a clinical encounter on April 16.86 �e second inmate complained of experiencing fever, aches, and severe coughing for at least a month.87 He wrote that many people in his unit were experiencing symptoms, and that he had reported this to a guard.
F. Reaching the End of the Outbreak �e MCC isolated ﬁve additional victims of the initial outbreak between April 9 and April 16.88 During this time, the prison began procuring additional protective equipment. On April 9, the prison began providing its staﬀ with one new surgical mask daily and additional PPE for those staﬀ working in isolation wards.89 On April 10, the
83 Edge Dep. at 157. �e associate warden repeated this request to an acting warden when the regular warden of MCC was out sick. Id. at 159:10–25. In her deposition, the associate warden suggested that the reassignment of case management staﬀ was not necessary. Id. at 162:2–18. 84 Demosthenes Decl. ¶¶ 39, 40. 85 Inmate Sick Calls at MCC 227 (Inmate 344). 86 Health Services Activity Rep. at MCC 2063. 87 Inmate Sick Calls at MCC 228 (Inmate 677) (written in Spanish). 88 Quarantine Isolation Flowsheet. Two inmates were isolated on April 9, one on April 10, one on April 11, and one on April 16. Two additional inmates were isolated, although they eventually tested negative: one was isolated on April 24 but tested negative on April 24 and April 27 and the other was isolated on May 5 but tested negative on May 5 and May 7. 89 Edge Decl. ¶ 50.
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MCC was able to order a limited number of COVID-19 test kits from its suppliers,90 and on April 11 it began to provide its staﬀ with one N95 respirator mask each week.91 �e MCC did not begin to distribute masks and mandate their use among inmates until midApril and early May. Beginning on or about April 16, inmates were given one disposable surgical mask per week and were told that mask-wearing was mandatory while outside of their cells.92 On or about May 2, each inmate received two reusable cloth masks and was told that failing to wear one could have disciplinary consequences.93
As the prison was distributing PPE, there was evidence that symptomatic inmates were not being immediately quarantined. For example, Antonio Smith, an inmate who was placed in the SHU for disciplinary reasons, began to feel sick on or about April 8, reporting fatigue, congestion, and coughing.94 Although he was diagnosed with pneumonia two days later, he was returned to his cell, which he shared with Terrell Brown.95 On April 16, over a week after Smith ﬁrst fell ill, medical staﬀ saw Smith and Brown working as orderlies in the SHU.96 �e staﬀ member looked surprised to see the two men and said he had ordered their quarantine after Smith was diagnosed with pneumonia.97 �ey were isolated in individual cells the next day.98 While they were
90 Beaudouin Decl. ¶ 19. 91 Edge Decl. ¶ 50. In addition, BOP began Phase Six of its COVID-19 response, extending Phase Five through May 18. Edge Decl. ex. 1 at MCC 149–54. 92 Edge Decl. ¶¶ 43, 44; see also Devlin-Brown Decl. ex. 11 (“Brown Decl.”) ¶ 19 (inmate conﬁrming that masks were provided during this time). 93 Edge Decl. ¶¶ 45, 48. Some inmates declare that the masks are too small and that it is very diﬃcult to properly wash them. See, e.g., Roberts Decl. ¶ 11. 94 Brown Decl. ¶ 11; Devlin-Brown Decl. ex. 29 (“Smith Decl.”) ¶ 8. 95 Brown Decl. ¶ 11; Smith Decl. ¶ 9–10. 96 Brown Decl. ¶ 14; Smith Decl. ¶ 13. 97 Brown Decl. ¶ 14; Smith Decl. ¶ 14. 98 Brown Decl. ¶ 15; Smith Decl. ¶ 15.
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isolated, both men indicated that they only received temperature checks and were not otherwise screened for other symptoms of COVID-19.99
By April 16, the MCC had aggregated a number of checklists and guidelines into a full infection control plan.100 �is plan mandated the screening of all new inmates and staﬀ each day upon arrival for fever and symptoms associated with COVID-19. It also mandated isolation of any entering inmate with a temperature over 100.4 degrees or having respiratory symptoms, and the quarantine of all asymptomatic inmates for 14 days. Inmates in quarantine were to have temperature and symptom checks performed once daily, and isolated inmates were to be checked twice per day. �e plan directed that isolation of symptomatic inmates should happen “immediately when symptoms occur.” On April 25, MCC staﬀ implemented a new schedule for quarantined inmates: they would be allowed out of their cells to shower only three times per week, and a sealed plastic screen would be placed over cell-block doors, “to minimize [the] possibility of spreading the virus . . . when an infected person coughs, sneezes or talks.”101
During this time, some emails that inmates sent to the sick-call inbox were not immediately answered. For example, one inmate sent an email on April 17 reporting shortness of breath, wheezing, and chest pain, and said that he had reported his symptoms directly to medical staﬀ.102 His ﬁrst clinical appointment after this email was on May 12, nearly one month later.103 Another inmate reported chest pain and diﬃculty breathing on April 22 — he did not get a clinical appointment until six days later, on April 28.104
99 Brown Decl. ¶ 16; Smith Decl. ¶ 16. 100 Beaudouin Decl. ex. 6 (as updated April 20); see also Beaudouin Decl. exs. 3 (“Isolation Checklist) (updated Mar. 27, 2020), 4 (“Quarantine Checklist”) (updated May 7, 2020). 101 Edge Decl. ex. 8 at MCC 161. 102 Sick Call Requests at MCC 219 (Inmate 343). 103 Health Services Activity Rep. at MCC 2062–61. 104 Inmate Sick Calls at MCC 210 (Inmate 131); Health Services Activity Rep. at MCC 2028.
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From late April into early May, inmates began sending sick-call emails that suggested they had suﬀered from symptoms linked to COVID-19 weeks earlier. One inmate asked for attention on April 30 because he was still coughing after recovering from what he believed was COVID-19105—the prison’s records do not indicate this inmate was ever isolated.106 He was seen in the clinic approximately two weeks later, on May 13.107 Another inmate emailed on May 7, indicating that he had experienced symptoms associated with the disease a month before, including loss of taste and smell108 — he, too, was never isolated.109 �is inmate was seen by medical staﬀ on May 11.110
BOP released additional guidance regarding the use of furloughs and home conﬁnement on April 15, while case management staﬀ were still on emergency corrections duty. In that guidance, the Bureau provided criteria for home conﬁnement tailored to the pandemic and authorized the use of emergency furloughs for inmates nearing their release date.111 One week later, on April 22, BOP issued additional guidance to prisons, directing them to prioritize inmates who had served more than 50 percent of their sentences or had less than 18 months remaining in their sentences for home conﬁnement.112 A little less than a week after this second memorandum, case management staﬀ returned to their duties.113 �ey began to work through the backlog of home conﬁnement applications and to review inmates for home conﬁnement and
105 Inmate Sick Calls at MCC 215 (Inmate 344). 106 See Quarantine Isolation Flowsheet. 107 Health Services Activity Rep. at MCC 2063. 108 Inmate Sick Calls at MCC 203 (Inmate 360). �e inmate indicated his sense of taste and smell had returned somewhat since he was ill but that he was still weak. 109 See Quarantine Isolation Flowsheet. 110 Health Services Activity Rep. at MCC 2071. 111 Demosthenes Decl. ex. 5. 112 Demosthenes Decl. ex. 6. 113 Demosthenes Decl. ¶ 41.
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furlough.114 Finally, on May 8, BOP released additional guidance further altering eligibility criteria and priority for inmates to be considered for home conﬁnement.115
By the end of May, the MCC had received a rapid-testing kit and hundreds of nasal swab test kits.116 �e prison is currently following a policy of testing all new inmates, all departing inmates, all symptomatic inmates, and all inmates that had close contact with symptomatic inmates.117 Based on BOP guidance, the prison only uses the rapid-testing machine on symptomatic inmates; for all others, it uses the nasal swab kits, which take more than a day to return.118
Although several inmates displayed symptoms of COVID-19, none tested positive or were fully isolated by the prison until early June.119 On June 19, the MCC’s warden informed the Court that one inmate had tested positive for COVID-19 — the ﬁrst positive test result since April 16.120 On June 29, the Court learned that a pretrial detainee in one of its cases also tested positive for the disease, and the BOP’s data indicates two total inmates are sick with COVID-19 as of July 1.121
114 Demosthenes Decl. ¶ 41. Over the next two weeks, the team worked through a backlog of 67 compassionate release applications, denying them all for not meeting the necessary criteria. Id. ¶ 42. As of May 28, the staﬀ had reviewed 117 sentenced inmates for home conﬁnement, of which it has referred 24 to central BOP staﬀ for release. Id. ¶ 45. Nine remained under review at that time. Id. ¶ 46. �e others have either been denied or released due to a successful compassionate release motion or the end of their sentences. Id. ¶ 48. Case management staﬀ had only begun to evaluate inmates for furlough as of May 28. Id. ¶ 56. 115 Demosthenes Decl. ex. 7. 116 Beaudouin Decl. ¶¶ 20, 21. 117 Id. ¶ 20. 118 Id. 119 Id. ¶ 19. 120 Letter from Marti Licon-Vitale to U.S. District Judge Edgardo Ramos (June 19, 2020), Doc. 86. 121 COVID-19 Update, Bureau of Prisons, https://www.bop.gov/coronavirus/ (last updated July 1, 2020). On July 2, the warden conﬁrmed that two inmates have tested positive for the coronavirus. Letter from Marti Licon-Vitale to U.S. District Judge Edgardo Ramos (July 2, 2020), Doc. 88.
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II. THIS LITIGATION A. Procedural History �e petitioners commenced this action on April 28, 2020, seeking writs of habeas
corpus pursuant to 28 U.S.C. § 2241 on behalf of themselves and “all current and future detainees in custody at the MCC during the course of the COVID-19 pandemic.”122 �e inmates allege that the warden and her staﬀ were deliberately indiﬀerent to “conditions that pose an excessive risk to their health and safety,” in violation of the Fifth and Eighth Amendments of the U.S. Constitution.123 �e petition seeks the following relief:
 “increased inmate health monitoring, expanded testing of inmates and staﬀ, and implementation of contact tracing”;
 treatment measures for those who have either tested positive for or are experiencing symptoms consistent with COVID-19, and for those who have come into contact with someone infected with COVID-19, including medically appropriate quarantine and isolation;
 professional cleaning of the facility on a regular basis;  distribution of basic hygiene necessities, without cost to the inmates;  release from conﬁnement “with such conditions as may be appropriate, of
Petitioners and Class members (i) who are eligible for release pursuant to BOP’s statutory authority or directives issued by Attorney General Barr; or (ii) for whom release (either temporary or permanent) is otherwise reasonable under the extraordinary circumstances of the COVID-19 pandemic”; and  for those who are ineligible for release but who meet the CDC criteria for enhanced vulnerability to the virus, “prompt transfer from the MCC to another BOP facility where appropriate preventive measures may be taken and adequate health care provided until such time as the MCC can improve conditions suﬃciently to take such measures and provide such care itself.”124
Additionally, the inmates request that the Court appoint an independent monitor to oversee compliance with the above.125 �e class they purport to represent consists of the
122 Class Action Petition Seeking Writs of Habeas Corpus (“Petition”) ¶ 87, Doc. 1. 123 Petition at 25–26. Jonathan Medina terminated his participation in this lawsuit on May 18, 2020. Doc. 41. 124 Petition at 27–28. 125 Id. at 28.
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nearly 700 inmates at MCC who were allegedly unnecessarily exposed to a substantial risk of serious harm by the warden’s policies, procedures, and practices regarding the COVID-19 crisis.126
On the same day that the petition was ﬁled, the inmates also ﬁled an emergency motion for an order to show cause and a temporary restraining order.127 �e Court held a telephonic conference to discuss the motion on April 29, 2020.128 At the conference, the Court reserved its ruling regarding the inmates’ application and scheduled a hearing for May 4, 2020.129 On May 4, 2020, the Court denied the inmates’ application for a temporary restraining order. However, it directed the parties to submit a discovery plan, including a plan for inspection of the MCC, and scheduled a preliminary injunction hearing.130 �at inspection was held on May 13, 2020.131
B. Expert Reports During the preparation for this motion, both the inmates and the warden engaged experts to opine on the conditions of the MCC and on the suitability of its eﬀorts to ﬁght the outbreak. Dr. Homer Venters, for the inmates, is a physician and epidemiologist that previously served as Chief Medical Oﬃcer of the Correctional Health Services of New York City.132 Dr. Rebecca A. Lubelczyk, for the warden, is a physician and previously served as Medical Director of the Massachusetts Correctional Institute at Norfolk.133 Dr. Venters, in his critique of the MCC, identiﬁed four sets of omissions by MCC staﬀ: (1)
126 Id. ¶¶ 86–91. 127 Doc. 4. 128 Minute Entry for Apr. 29, 2020. 129 Id. 130 Tr. of proceedings re: conference held on 5/4/2020 at 54:22–55:5, 64:10, Doc. 36. 131 Inspection Order, Doc. 32 132 Venters Rep. ¶¶ 5, 6. 133 Lubelczyk Rep. at 2–3.
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an inadequate sick-call systems; (2) deﬁcient COVID-19 screening and contact tracing; (3) inadequate access to soap and cleaning supplies; and (4) deﬁcient isolation and quarantine procedures.134
Sick-Call Systems According to Dr. Venters, a functioning sick-call system is necessary to ensuring proper medical care in correctional facilities, especially during the outbreak of an infectious disease.135 An ideal sick-call system involves the review of any submitted written or electronic requests within 24 hours and proper retention of the documentation of those requests. During an outbreak, Dr. Venters recommends that medical staﬀ crossreference sick-call requests with a list of symptoms associated with the ongoing outbreak.136 �is methodology, along with proper record-keeping, can help track the disease’s spread through a prison. Both the acting clinical director of the MCC, Dr. Robert Beaudouin, and Dr. Lubelczyk largely agree with these principles.137 Based on his review of the record, Dr. Venters characterizes the sick-call system at the MCC as “broken or grossly deﬁcient.”138 He notes the delays between the submission of an email sick-call request and medical care, speciﬁcally describing one inmate who sent a sick call on April 16, but only received an email response on May 5 and had yet to be seen by medical staﬀ at the time of his report.139 Based on testimony
134 Venters Rep. ¶ 2. 135 Id. ¶¶ 34, 35. 136 Id. ¶ 36. 137 See Beaudouin Dep. at 228:12–18; Rovner Decl. ex. 2 (“Lubelczyk Rebuttal”) at 8 (clarifying that the applicable standard is that requests be triaged within 24 hours, rather than that an appointment occur within that time). 138 Venters Rep. ¶ 39. 139 Id. ¶ 41 (referring to Inmate 324 on Inmate Sick Calls at MCC 208).
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from Dr. Beaudouin, he notes that paper requests for medical attention were shredded after a medical appointment was scheduled.140
In Dr. Venters’ review of the record, he observes that several inmates reported that they did not receive medical care even after they reported symptoms to guards. Each of the inmates he describes verbally informed guards of symptoms associated with COVID19 but did not receive medical care for days or weeks.141 Other inmates submitting declarations described similar experiences. For example, one woman in Unit 2 declared that the other inmates in her unit would tell correctional oﬃcers if they were experiencing symptoms of COVID-19, but “9 out of 10 times the oﬃcer does not call up to medical right away.”142 �e same woman reported that medical staﬀ took several days to see two women who reported symptoms “multiple times a day” — both of those women were eventually isolated with suspected COVID-19.143 As one inmate living in 11-South declared:
Many of the guys on my unit experienced symptoms. �ey called out for medical help and were ignored by oﬃcers and told to lay down. Many coughed through the night and complained of diﬃculty breathing but no medical help came. �ose experiencing symptoms were extremely weak, [and] could barely eat or get out of bed.144 �e warden largely does not deny the signiﬁcant deﬁciencies of the sick-call system. As she now admits, the delays were caused in part by the absence of the staﬀ
140 Id. ¶ 43; see also Kala Decl. ex. 1 (“Beaudouin Dep.”) at 220:14–17 (“Q: Before that date [two weeks before May 20] to your knowledge were all paper sick call requests shredded? A: �at’s what I think, yes.”). 141 See Venters Rep. ¶ 42 (describing Devlin-Brown Decl. ex. 17 (“Falu Decl.”) ¶ 5, ex. 22 (“Luna Decl.”) ¶ 10, ex. 14 (“Davis Decl.”) ¶ 6, and Garcia Decl. ¶¶ 10–12). 142 Devlin-Brown Decl. ex. 26 (“Richardson Decl.”) ¶ 8. 143 Id. 144 Devlin-Brown Decl. ex. 20 (“Griﬃn Decl.”) ¶ 12.
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with primary responsibility for monitoring the inbox.145 Dr. Beaudouin believes that this oversight did not lead to unidentiﬁed COVID-19 infections due to the existence of independent temperature and symptom screening.146 Dr. Lubelczyk similarly opines that overlapping screening and infection control protocols prevented the failure to monitor the email inbox from meaningfully worsening the outbreak.147 She also notes that inmates appeared to know that they could verbally report a medical issue to guards in an emergency and generally regarded the email sick-call system as “a waste of time.”148
As a general response to Dr. Venters’ critiques of the sick-call system, Dr. Lubelczyk also notes that, in her experience, inmates sometimes exaggerate the severity of their symptoms, and that Dr. Venters’ opinion relies too heavily on their declarations.149 In support, she points out several internal inconsistencies in the testimonies of named petitioner Fernandez-Rodriguez and declarants Woodson and Sucich.150
Screening & Contact Tracing Dr. Venters also found that the procedures for screening inmates were deﬁcient. He notes that the CDC recommends that new arrivals to a prison be screened and that screening be extended to current inmates when there is a risk of infection within the facility.151 Based on Dr. Venters’ review of the record, screening was neither consistent
145 See Beaudouin Dep. at 258–59; Beaudouin Decl. ¶ 24 (“Due to recent staﬀ shortages and absences, I learned that some of these [email] messages had not received timely responses or been timely scheduled for medical appointments.”). �e warden also admits that handwritten sick-calls were shredded after an appointment was scheduled; those sick-calls are now added to inmates’ medical records. 146 Beaudouin Decl. ¶ 24. 147 See Lubelczyk Rebuttal at 11. 148 Lubelczyk Rebuttal at 10 (quoting an interview with an inmate taken during the May 13 inspection). 149 Id. at 14. 150 Id. at 9, 14–16. 151 Venters Rep. ¶ 22.
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nor rigorous.152 Several inmates declared that medical screening consisted only of a temperature check and did not include questioning regarding other symptoms of COVID19.153 In addition to inadequate screening, Dr. Venters views eﬀorts to trace the contacts of infected staﬀ as insuﬃcient and the eﬀorts to conduct contact tracing for inmates as non-existent.154 He concludes that the MCC’s omissions “not only increase[] the likelihood that individual patients with COVID-19 will develop serious illness, but also increase[] the likelihood that they will transmit infection to others.”155
Dr. Beaudouin indicated that screening should include a check for fever, as well as a check for whether the inmate had “cough, chest pains, shortness of breath, fever, nausea, vomiting, diarrhea, loss of taste, loss of smell, muscle aches and pains.”156 He admits, however, that medical staﬀ may have reverted to “shorthand” over time in their screening process — going from a detailed inquiry into symptoms known to be associated with COVID-19 to a less rigorous, “How are you feeling?”157 Dr. Lubelczyk agrees that screening largely consisted of temperature checks in non-quarantined units and should have been more rigorous.158 She does not, however, believe that this failure increased the risk of a broader outbreak because “the basic symptoms of COVID-19 are relatively well known, including to MCC inmates [and] inmates were being seen on a
152 See Venters Rep. ¶ 24. 153 See Kala Decl. ex. 5 (“Hatcher Dep.”) at 39:10–15; Devlin-Brown Decl. ex. 9 (“Bourgoin Decl.”) ¶ 7 (“Multiple guys reported symptoms when they were coming around to take our temperatures every day. But they would just say temperature in response.”); Devlin-Brown Decl. ex. 13 (“Dansowah Decl.”) ¶ 9 (“When the medical staﬀ started coming around taking temperatures, they did not care if people had other symptoms — cough, chills, diarrhea. �ey just left them in bed unless they had a fever.”). 154 Venters Rep. ¶¶ 31, 32. 155 Id. ¶ 46. Dr. Lubelczyk does not address omissions related to contact tracing in her report or in her rebuttal to Dr. Venters’ report. 156 Beaudouin Dep. at 146:9–14. 157 Beaudouin Decl. ¶ 14 n.5. 158 Lubelczyk Rebuttal at 7.
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regular basis by medical staﬀ . . . .”159 Dr. Beaudouin additionally admits that staﬀ absences limited the number of contact tracing investigations that could be conducted for staﬀ, and the acting warden admitted that no inmate contact tracing investigations were ever conducted.160
Soap & Cleaning Supplies Dr. Venters and Dr. Lubelczyk came to very diﬀerent conclusions when evaluating the prison’s level of cleanliness and the availability of hygiene supplies for inmates.161 According to the MCC, inmates bore some responsibility for keeping cells and common areas clean during the outbreak. �e MCC assigned inmate orderlies to clean common areas and other high-traﬃc areas on a daily basis.162 Individual inmates were responsible for regularly cleaning their own cells.163 Prison oﬃcials indicated that cleaning supplies were available on request from staﬀ, including disinfectant rated by the CDC for use against the novel coronavirus.164 Some inmates suggest, however, that these supplies were not reﬁlled frequently enough, especially during the early days of the outbreak.165 In addition, they report infestations of rodents and cockroaches, as well as the growth of mold.166
159 Id. at 8. 160 Venters Rep. ¶ 32 (referring to Beaudouin Dep. at 117:14–25 and Kala Decl. ex. 6 (“Hazlewood Dep.”) 1:19–42:9). 161 See Venters Rep. ¶ 56; Lubelczyk Rep. at 11–13. 162 Edge Decl. ¶ 36. 163 Id. ¶ 34. 164 Id. ¶¶ 34, 35. 165 See, e.g., Devlin-Brown Decl. ex. 25 (“Naqvi Decl.”) ¶ 18. 166 See, e.g., Devlin-Brown Decl. ex. 33 (“Turner Decl.”) ¶ 5. One of the photographs taken during the May 13 inspection shows a cockroach caught on a trap in Unit 11-South. Kala Decl. ex. 10. Dr. Venters also describes the inspection group having “to step over a large cockroach to inspect the single toilet shared by 26 men in one tier of unit 11 South.” Notice of Filing ex. 1 (“Venters Rebuttal”) ¶ 26, Doc. 72.
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�e MCC issued each inmate one bar of soap and one roll of toilet-tissue each week.167 By the time of the prison inspection ordered by the Court in May, oﬃcials had posted signs informing inmates they could request additional supplies from unit staﬀ.168 Some inmates, though, suggest that soap was scarce during the initial outbreak. One inmate housed in the SHU declared, “We asked for soap but there are always so many oﬃcers running around that they don’t remember to give it to us. We have to wait until oﬃcers give out soap.”169 Another suggested that he had to ask others for soap, declaring, “I had to beg guys who have been a the MCC for a while to give me a little sliver of soap so that I could clean my clothes.”170 Some of those same inmates suggest, however, that the provision of supplies had improved by mid-April.171
Based on these declarations and his own observations during the May 13 inspection, Dr. Venters concludes that the MCC lacked “basic infection control.”172 Dr. Lubelczyk diﬀers in her evaluation of this evidence, ﬁnding that any issues with vermin are limited and more associated with food left in dorms than with a lack of extermination services.173 She further found that the MCC had appropriate signage informing inmates of the availability of cleaning supplies, and she personally observed inmates cleaning telephones after use.174 On the whole, Dr. Lubelczyk opined that she “was very
167 Edge Decl. ¶ 30. 168 Id. ¶ 31. 169 Brown Decl. ¶ 20. 170 Schiliro Decl. ¶ 11. 171 Id. ¶ 12. 172 Venters Rep. ¶ 61. 173 Lubelczyk Rebuttal at 4. 174 Id.
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impressed with the level of sanitation and cleaning resources [she] saw throughout the facility.”175
Isolation & Quarantine Procedures When examining the living arrangements of prisoners at diﬀerent stages of isolation, Dr. Venters opines that the social distancing of inmates prior to quarantine and the care of inmates under isolation were deﬁcient. In critiquing the prison’s social distancing eﬀorts, Dr. Venters focuses speciﬁcally on Unit 11-South, which contains six dormitory tiers.176 Each tier in Unit 11-South is tightly packed, with up to 26 men sleeping within arm’s reach and sharing a single sink, shower, urinal, and toilet.177 �ere are two tables in the dormitory with four chairs attached to each table.178 He characterizes the dormitory as the primary example of how the MCC “appears to have given little eﬀort to implementing any social distancing.”179 Unit 11-South houses many of the MCC inmates that have medical issues, both those serving sentences and those on pretrial detention.180 Dr. Venters notes that the most recent BOP guidance recommends against having medically vulnerable persons live together.181 In light of this guidance and the fact that he views social distancing as “impossible” in these circumstances, Dr. Venters concludes that “nothing” could alleviate the concerns of a spreading infection.182 Indeed, he believes that these conditions “likely increase[d] the spread of COVID-19 among the high risk patients placed onto this unit”
175 Lubelczyk Rep. at 14. 176 Edge Decl. ¶ 7. 177 See Venters Rep. ¶ 17, Kala Decl. exs. 10, 11 (photographs). 178 Venters Rep. ¶ 61. 179 Id. ¶ 62. 180 Id. ¶ 69; Edge Decl. ¶ 7; Devlin-Brown Decl. ex. 32 (“Toro Decl.”) ¶¶ 12, 14. 181 Venters Rebuttal ¶ 19 (referring to guidance from May 7, 2020). 182 Id. ¶ 19.
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and outweighed the beneﬁt of eﬃciency gains in the regular care of medically vulnerable inmates.183
Dr. Lubelczyk views the “cohorting” of inmates, as a general rule, as essential in preventing virus transmission.184 As she puts it, “the practice of cohorting reduces opportunities for transmission because only that cohort is at risk of exposure if the virus is introduced, instead of the entire dorm/tier/unit.”185 Based on her observations, the MCC properly executed its cohorting plan, where only one cohort was to be released for recreation at a time. She concludes that “MCC’s implementation of cohorting [] has been timely, comprehensive and eﬀective.”186
Dr. Venters also takes issue with the use of the SHU as an isolation ward in late March, as the outbreak began. Focusing on the experiences of Andrade, described above, Dr. Venters opines that the MCC’s practices in caring for inmates in the SHU “ﬂies in the face of elemental correctional health practices and even the BOP’s own pandemic inﬂuenza plan.”187 He further criticizes the use of the SHU because he believes that the use of the unit — normally reserved for discipline — could discourage inmates from reporting their symptoms.188
Dr. Lubelczyk, in response, posits that guidance from BOP came too late and the outbreak came too quickly for the MCC to properly plan for an isolation ward, hence the use of the SHU.189 She notes that the MCC quickly switched to Unit 3, a more
183 Venters Rep. ¶¶ 68, 71. 184 Lubelczyk Rep. at 10. Cohorting is “the practice of separating inmates into relatively small groups, which only interact among themselves.” Beaudouin Decl. ¶ 9. At the MCC, cohorts were no larger than ten inmates, although inmates on Unit 11-South were exposed to the up to 26 men living in their dormitories, as well. Id. 185 Lubelczyk Rep. at 11. 186 Id. at 11. 187 Venters Rep. ¶ 51. 188 Id. ¶ 52. 189 Lubelczyk Rebuttal at 11.
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comfortable set of cells, and therefore there is currently little disincentive to report symptoms for fear of being sent to the SHU.190
* * * At the conclusion of his report,191 Dr. Venters recommends, inter alia, a number of interventions:  Twice-daily screening of all inmates in quarantine or isolation, and screening
of others on a twice-weekly basis;  Evaluation of all inmates reporting symptoms of COVID-19 within 24 hours;  Broad administration of COVID-19 testing of all new inmates, those who
possess certain risk factors, those who have been in contact with someone suspected of having COVID-19, and those who are released from quarantine, as well as similar testing of staﬀ and contacts of staﬀ suspected of having COVID-19;  A standardized screening procedure and individual isolation protocol;  Creating a contact tracing procedure and taking needed steps to quarantine those exposed to a person suspected of having COVID-19;  Ensuring the proper sanitation of the prison and the proper use of PPE; and  Decreasing the population of 11-South and similar areas where high-risk inmates reside by 50 percent. Dr. Lubelczyk takes particular issue with the necessity of the testing protocols Dr. Venters recommends. She notes that neither BOP nor CDC policy currently recommends the testing of medically vulnerable individuals who are asymptomatic.192 She concludes by noting that the current testing protocol is “eminently reasonable,” and is likely to be responsive to future recommendations and guidance.193
190 Id. at 13. 191 Venters Rep. ¶ 75. 192 Lubelczyk Rebuttal at 13. 193 Id. at 14.
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Dr. Venters opines that a second outbreak at the MCC is likely sometime this
year.194 He bases this opinion on the consensus of a number of epidemiological experts
and a continuing increase in MCC staﬀ who have tested positive for COVID-19.195 C. �e Licon-Vitale Letter As part of her brieﬁng for this motion, the MCC’s warden submitted a letter, dated
May 29, that provided her assessment of how the prison handled the outbreak and
detailed a number of procedures the prison would undertake going forward.196 �e
warden begins by oﬀering her overall assessment of the MCC’s response: I am proud of how MCC has weathered this crisis to date. While there have certainly been some hiccups and disruptions to expected operations, and some things have not gone according to plan as I discuss below, overall the MCC community has been spared a serious problem. Although some 40 members of our staﬀ have experienced some COVID-19 symptoms since March, and approximately 34 inmates have been isolated with conﬁrmed or suspected COVID19 infection, no one has become seriously ill-and critically, no one has died. �is is due, in large part, to the resilience of the staﬀ and the inmates who have mostly followed the precautions we have put in place to protect them.
She then identiﬁes several shortcomings in the prison’s response and proposes
remedial measures:  The failure to “consistently perform[]” contact tracing for infected staﬀ. �e warden states that “clear lines of responsibility” have been created for contact tracing investigations, and that such investigations are now occurring.  The failure to “consistently ask[] inmates about all potential COVID-19 symptoms.” �e warden indicates that medical staﬀ “have been explicitly directed to ask inmates about all possible symptoms.”  The failure to monitor the sick-call email inbox and promptly schedule inmates for medical care. �e warden reports that MCC medical staﬀ has assigned an employee to review all requests each morning and to promptly schedule follow-up.
194 Venters Rebuttal ¶ 32. 195 Id. ¶ 31 (reviewing a number of reports the MCC has made to Chief Judge Mauskopf of the Eastern District of New York) 196 Barnea Decl. ex. 1.
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 The accessibility of soap and cleaning supplies. Although the warden believes that “soap and hygiene products have always been in adequate supply,” she has directed her staﬀ to ensure the provision of adequate supplies and has seen that related signage be posted throughout the facility.
 The failure to promptly process applications for early release. �e warden has committed to reviewing early release applications related to COVID-19, including through compassionate release, home conﬁnement, and furlough, normally within 14 days and in no more than 30 days.
In addition to these policy changes, the warden pledges to report to this Court every two
weeks with information on the number of inmates and staﬀ suspected of having COVID19, conﬁrmation that the above policies are in eﬀect, and the status of evaluations for early release.197
�e warden concluded her letter by noting a number of operational objections to Dr. Venters’ proposals.198 She notes that the prison is limited in the medical care and
testing it can provide its staﬀ, and that resources are too limited to expand the frequency of symptom screening. She indicates that the prison does not intend on using the SHU
again for isolation unless absolutely necessary and that she is exploring solutions for
reducing the density of Unit 11-South. III. PRELIMINARY INJUNCTION
In the Second Circuit, a district court “may grant a preliminary injunction where a
[movant] demonstrates irreparable harm and meets either of two standards: (a) a
likelihood of success on the merits, or (b) suﬃciently serious questions going to the merits to make them a fair ground for litigation, and a balance of hardships tipping
decidedly in the movant’s favor.” Trump v. Deutsche Bank AG, 943 F.3d 627, 635 (2d
Cir. 2019), cert. granted, 140 S. Ct. 660 (2019) (quotation marks and internal citation
197 �e warden voluntarily submitted her ﬁrst report on June 19. See Letter from Warden Licon-Vitale to the Hon. Edgardo Ramos (June 19, 2020), Doc. 86. In that letter, she reports that the prison tested 34 inmates for COVID-19 and 1 tested positive between May 29 and June 19. Id. No staﬀ reported being infected. �e warden submitted a second report on July 2. See Letter from Marti Licon-Vitale to U.S. District Judge Edgardo Ramos (July 2, 2020), Doc. 88. In the two weeks between the letters, the MCC had tested 57 inmates and returned 2 positive results, although 12 tests were outstanding as of the time the letter was submitted. 198 Barnea Decl. ex. 1 at 6.
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omitted). �e warden argues that the likelihood of success standard applies here because

the inmates seek to enjoin “governmental action taken in the public interest pursuant to a

statutory or regulatory scheme.” Plaza Health Labs., Inc. v. Perales, 878 F.2d 577, 580

(2d Cir. 1989). As the inmates have not argued that the “serious questions” standard

applies, the Court will apply the more rigorous “likelihood of success” standard to this

motion. But see Time Warner Cable of New York City v. Bloomberg L.P., 118 F.3d 917,

923 (2d Cir. 1997) (applying “serious questions” standard in a case with “public interest

concerns on both sides”). Further, given that the inmates move the Court to enter a

mandatory preliminary injunction, i.e., one altering the status quo, they “must

demonstrate a substantial likelihood of success on the merits.” New York Progress and

Protection PAC v. Walsh, 733 F.3d 483, 486 (2d Cir. 2013) (quotation marks and internal

citation omitted) (emphasis added).

* * *

�e inmates bring a petition for writs of habeas corpus under 28 U.S.C. § 2241,

which, in the Second Circuit, allows for injunctive relief for unconstitutional prison

conditions. See Thompson v. Choinski, 525 F.3d 205, 209 (2d Cir. 2008); see also Ilina v.

Zickefoose, 591 F. Supp. 2d 145, 146–49 (D. Conn. 2008) (describing § 2241 as a “broad

remedy available to federal prisoners challenging the conditions of their conﬁnement”).

�e Eighth Amendment — for convicted prisoners — and the Fifth Amendment — for

pretrial detainees — govern the inmates’ claims of unconstitutionality and therefore guide

the Court’s analysis in determining their likelihood of success on the merits. See Darnell

v. Pineiro, 849 F.3d 17, 29 (2d Cir. 2017) (analyzing unconstitutional conditions of

conﬁnement claims under the Eighth and Fourteenth Amendments); Cuoco v. Moritsugu,

222 F.3d 99, 106 (2d Cir. 2000) (establishing that claims by federal pretrial detainees

under the Fifth Amendment are analyzed in the same manner as claims by state pretrial

detainees under the Fourteenth Amendment). In either case, there is both an “objective”

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and a “subjective” prong to the analysis of whether an inmate’s conditions of conﬁnement are unconstitutional. See Darnell, 849 F.3d at 29.
�e objective prong asks whether the conditions of which the inmates complain, “either alone or in combination, pose an unreasonable risk of serious damage to [their] health, which includes the risk of serious damage to physical and mental soundness.” Darnell, 849 F.3d at 30 (quotation and internal citation omitted). In a case where inmates complain of an elevated risk of being harmed by the allegedly unconstitutional conditions, the Court must determine “whether society considers the risk that the prisoner complains of to be so grave that it violates contemporary standards of decency to expose anyone unwillingly to such a risk. In other words, the prisoner must show that the risk of which he complains is not one that today’s society chooses to tolerate.” Helling v. McKinney, 509 U.S. 25, 36 (1993) (emphasis in original). �is prong is identically analyzed for convicted and pretrial inmates. See Darnell, 849 F.3d at 30.
�e subjective prong, however, diﬀers slightly between the two Amendments. Under the Eighth Amendment, the inmates must show that “the oﬃcial knows of and disregards an excessive risk to inmate health or safety; the oﬃcial must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Darnell, 849 F.3d at 32 (quoting Farmer v. Brennan, 511 U.S. 825, 837 (1994)). �e Fifth Amendment requires a less stringent showing — only that the oﬃcial “knew, or should have known, that the condition posed an excessive risk to health or safety.” Id. at 35 (emphasis added). In this context, “disregard” means “failing to take reasonable measures to abate” the unconstitutional condition. Farmer, 511 U.S. at 847.
A. �e Existence of an Unreasonable Risk of Serious Damage to the Inmates’ Health
Four months after the pandemic ﬁrst began in this country, it is beyond debate that COVID-19 is a disease that can seriously sicken and even kill those who suﬀer from it.
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�e novel coronavirus has indiscriminately infected hundreds of thousands throughout the United States, with New York City in particular experiencing an outsized number of deaths as a result of the virus. Put simply, COVID-19 stands with the roster of infectious diseases from which “correctional oﬃcials have an aﬃrmative obligation to protect inmates.” Jolly v. Coughlin, 76 F.3d 468, 477 (2d Cir. 1996) (examining duty to protect inmates from tuberculosis). �is Court is far from the only one to identify COVID-19 as a serious risk to inmates. See, e.g., Martinez-Brooks v. Easter, No. 20 Civ. 569 (MPS), --F. Supp. 3d ----, 2020 WL 2405350, at *27 (D. Conn. May 12, 2020); Coronel v. Decker, No. 20 Civ. 2472 (AJN), --- F. Supp. 3d ----, 2020 WL 1487274, at *3 (S.D.N.Y. Mar. 27, 2020); Basank v. Decker, No. 20 Civ. 2518 (AT), --- F. Supp. 3d ----, 2020 WL 1481503, at *4 (S.D.N.Y. Mar. 26, 2020).
Inmates are particularly vulnerable to this disease. �e CDC identiﬁes social distancing as “a cornerstone of reducing transmission of respiratory diseases such as COVID-19.” CDC Correctional Facility Guidance at 4. But inmates “live, work, eat, study, and recreate within congregate environments, heightening the potential of COVID19 to spread once introduced.” Id. at 2. �ese factors, among others, create “unique challenges for control of COVID-19 transmission” within a correctional facility. Id.
As the CDC pithily notes, “[i]n most cases, [inmates] are not permitted to leave the facility.” CDC Correctional Facility Guidance at 2. It is this point that can raise the risk associated with living in a prison during an outbreak of COVID-19 from merely elevated to “so grave that it violates contemporary standards of decency to expose anyone unwillingly to such a risk.” Helling v. McKinney, 509 U.S. 25, 36 (1993). Unlike those on the outside, who have some choice with whom they associate, of when they leave their homes, of how closely to walk by other people, or of when to move from one end of a train to another at the cough of a stranger, prisoners have none. “[W]hen the State by the aﬃrmative exercise of its power so restrains an individual’s liberty that it renders him unable to care for himself, and at the same time fails to provide for his basic human needs
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. . . it transgresses the substantive limits on state action set by the Eighth Amendment and the Due Process Clause.” DeShaney v. Winnebago County Dep’t of Soc. Servs., 489 U.S. 189, 200 (1989). Indeed, “[a]n inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met.” Estelle v. Gamble, 429 U.S. 97, 103 (1976).
In this case, inmates need distance and protection from those who may be infected with COVID-19, but they are not free to take those precautions themselves; they rely on the warden to take the precautions for them. See Jolly, 76 F.3d at 477. �e CDC, in its recommendations, implicitly recognizes this view. It advises that corrections facilities reassign sleeping quarters so that individuals have six feet or more of space in all directions. CDC Correctional Facility Guidance at 11. For those inmates identiﬁed as having symptoms of COVID-19, the CDC recommends that prison oﬃcials “immediately place[] [them] under medical isolation.” Id. at 15 (emphasis added). Prison staﬀ should close oﬀ and disinfect the area used by isolated individuals. Id. at 17. �e CDC further recommends that “[f]acilities should make every possible eﬀort to quarantine close contacts of COVID-19 cases individually” and that facilities should closely monitor them, placing those displaying symptoms into medical isolation “immediately.” Id. at 19. When quarantined individuals must be housed together, the CDC recommends that prison oﬃcials ensure the space is well-ventilated and that social distancing strategies are employed. Id. at 20.
“�e isolation of symptomatic inmates,” however, “is only useful if those symptomatic inmates are actually identiﬁed.” Venters Rebuttal ¶ 23 (emphasis in original). In his report, Dr. Venters lays out the necessity for both a functioning sick-call system and for eﬀective screening of individuals potentially infected by the coronavirus. Venters Rep. ¶¶ 26 (“It is essential that . . . active screening be part of any response to a viral outbreak.”); 35 (“�is basic approach to sick calls becomes even more critical during an outbreak of communicable disease . . . .”). Dr. Lubelczyk does not disagree
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with these principles, and, indeed, the MCC’s policies incorporated them into its quarantine plans throughout the outbreak.
Of course, this is a case about prison conditions at the MCC, not about policies or the abstract threat of COVID-19 to inmates. In other words, “determining whether prison conditions pose a substantial risk of serious harm from COVID-19, or any other risk, must be determined ‘after accounting for the protective measures [the MCC] has taken.’” Chunn v. Edge, --- F. Supp. 3d ----, No. 20 Civ. 1590 (RPK) (RLM), 2020 WL 3055669, at *24 (E.D.N.Y. June 9, 2020) (quoting Valentine v. Collier, 956 F.3d 797, 801 (5th Cir. 2020)).
�e record shows, with the above guidelines in mind, that the conditions in the MCC — despite the MCC’s attempts at protective measures — posed a substantial risk to the health of its inmates. Rather than having a functioning sick-call system, the MCC admits it entirely failed to review inmates’ electronically submitted complaints due to neglect in staﬃng of the sick-call inbox. Rather than rigorously and regularly screening inmates in quarantine or those who had been exposed to the coronavirus, the MCC admits its staﬀ came to rely on temperature checks and generalized inquiries — ignoring half of the screening protocol recommended by both MCC’s own policy and the CDC. Rather than trace the contacts of infected staﬀ, the MCC admits that it failed to conduct the majority of these investigations. And, rather than attempt to use home conﬁnement, furloughs, and compassionate release as tools to reduce the density among the most vulnerable inmates, the prison chose to not pursue that path at all until well after the initial outbreak had subsided. Furthermore, the MCC does not provide serious rebuttal to the declarations of the many inmates who testiﬁed that a broad spectrum of their neighbors developed symptoms of COVID-19 but never received care or isolation — sometimes despite informing guards and medical staﬀ of their symptoms.
Many courts have found that prisons exposed to the novel coronavirus present conditions that meet the objective prong of the constitutional analysis. For example, the
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Sixth Circuit found the objective prong “easily satisﬁed” when examining the situation at the Elkton BOP facility in Ohio. See Wilson v. Williams, 961 F.3d 829, 2020 WL 3056217, at *7 (6th Cir. 2020); see also Wragg v. Ortiz, No. 20 Civ. 5496 (RMB), --- F. Supp. 3d ----, 2020 WL 2745247 (D. N.J. May 27, 2020) (“COVID-19 is an indiscriminate and cruel disease that poses a risk to anyone and everyone, including prison inmates.”). In so deciding, the Wilson panel pointed to the impossibility of social distancing and the inherent dangerousness of developing COVID-19 as indicative of the substantial risk that faces the inmates at Elkton. See Wilson, 2020 WL 3056217, at *7; see also Martinez-Brooks v. Easter, No. 20 Civ. 569 (MPS), --- F. Supp. 3d ----, 2020 WL 2405350, at *21 (D. Conn. May 12, 2020) (observing that the “structure of the three facilities at FCI Danbury—even assuming that all reasonable precautions and safety measures are being fastidiously observed . . . — heightens the risk of transmission” due to the impossibility of social distancing); Banks v. Booth, No. 20 Civ. 849 (CKK), 2020 WL 1914896, at *7 (D.D.C. Apr. 19, 2020) (same). Other courts have specifically pointed to a lack of effective screening as a factor in finding that inmates face a substantial risk from COVID-19 in prison. See, e.g., Valenzuela Arias v. Decker, No. 20 Civ. 2802 (AT), --- F. Supp. 3d. ----, 2020 WL 1847986, at *7 (S.D.N.Y. Apr. 10, 2020) (suggesting that even daily monitoring of inmates for infection is no substitute for prevention).
The conditions facing the MCC are worse than several of the cases described above because MCC’s failure to identify infected inmates causes the cohorting system to lose effectiveness as a substitute for social distancing. If one inmate in a cohort falls ill and the MCC does not have the systems in place to identify him, then the rest of the cohort can fall ill quickly thereafter. One need only look at the tightly-packed dormitories of Unit 11-South — containing medically vulnerable inmates — to see how quickly the virus can spread in the absence of an effective isolation protocol.
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�e warden is quick to point out that the MCC has been spared deaths among its inmate population and staﬀ, that no inmates had to be hospitalized for intensive care, and that the inmates have presented no evidence that the outbreak in the prison was any worse than the outbreak aﬀecting New York City as a whole. She notes the actions taken by MCC staﬀ in March and April: implementing a cohorting scheme that reduced the exposure of inmates to each other, assigning and supplying orderlies to clean common areas, and educating inmates on practices necessary to reduce transmission risk. Dr. Lubelczyk and Dr. Beaudouin further argue that it is unlikely that any of the failings to which the warden admits actually led to increased infections, given other precautions taken by the prison.
Judge Rachel P. Kovner of the Eastern District of New York faced a similar fact pattern regarding an outbreak of COVID-19 at the Metropolitan Detention Center (“MDC”) in Brooklyn. See Chunn, 2020 WL 3055669. In denying inmates preliminary injunctive relief similar to that asked for here, Judge Kovner found that the MDC’s response to COVID-19 — which included, among other steps, “massively restricting movement within the facility, enhancing sanitation protocols, and creating quarantine and isolation units”— had proven to be eﬀective because it had resulted in no deaths and only one hospitalization. Id. at *25. Indeed, in cases that have granted injunctive relief, like Banks v. Booth in the District of Columbia, courts have often found an existing outbreak within the facility with the same or greater severity than that of the surrounding area. See 2020 WL 3303006, at *6 (noting that 13.5 percent of inmates in the relevant facilities were infected one month before the order granting a preliminary injunction); see also, e.g., Martinez-Brooks, 2020 WL 2405350, at *20 (finding that that there was indisputably “an active and serious outbreak of COVID-19 at FCI Danbury”); Mays v. Dart, No. 20 Civ. 2134 (MFK), --- F. Supp. 3d ----, 2020 WL 1812381, at *2 (N.D. Ill. Apr. 9, 2020) (noting the infection of 251 detainees and 150 staff).
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But the warden has presented this Court with no authority that the situation in the MCC must deteriorate before the Court can ﬁnd that conditions pose a substantial risk to inmates’ health. To the contrary, the Supreme Court has been quite clear that a risk of future harm can provide a basis for a violation of the Constitution. See Helling, 509 U.S. at 33 (“�at the Eighth Amendment protects against future harm to inmates is not a novel proposition.”). And, as described above, the risk to inmates is primarily qualitative and based on the warden’s obligation to protect those in her custody; the unreasonableness of the risk is not only measured in percentage points of a morbidity or mortality rate, but also by the injustice of letting men and women live in conditions that leaves them helpless to protect themselves from the infection. Given the material failings in the MCC’s system for identifying infected inmates and ensuring their prompt isolation during the March and April outbreak — especially those medically vulnerable inmates placed in tight quarters in Unit 11-South — the inmates have made a substantial showing that the MCC’s inmates faced a substantial danger to their health when the novel coronavirus circulated through the facility.
B. Deliberate Indiﬀerence to the Risks Facing the Inmates
But were MCC oﬃcials aware of (or should they have been aware of) the risk posed by the above conditions?199 See Darnell v. Pineiro, 849 F.3d 17, 32, 35 (2d Cir. 2017). And, if so, did they disregard that risk by failing to take reasonable measures to abate it? See Farmer v. Brennan, 511 U.S. 825, 847 (1994). Although MCC oﬃcials should have at least known about these risks, the Court ﬁnds that the answer to the latter question is no. �e inmates are therefore not substantially likely to succeed in showing that the MCC’s steps to adapt to the pandemic were unreasonable.
199 �e parties have not discussed whether and how the putative inmate class having persons governed by the Eighth Amendment and persons governed by the Fifth Amendment should aﬀect the Court’s analysis. Because the Court ﬁnds below that the inmates are unlikely to show that prison oﬃcials knew of or should have known of the risk faced by inmates and failed to take reasonable steps to abate the risk, its ﬁndings are the same for both pretrial and convicted inmates.
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Oﬃcials certainly knew of the risk COVID-19 posed in a prison setting early on. Starting in January, more than a month before the WHO declared COVID-19 a pandemic, BOP distributed guidance to its prisons recommending, inter alia, that prisons identify areas for quarantining inmates at risk of contracting COVID-19. In March, the MCC’s warden attended two diﬀerent meetings with stakeholders in the Southern District where the threat of COVID-19 and plans to continue essential criminal justice procedural requirements were discussed. On March 23, the CDC released its interim guidance for prisons, as summarized above. In late March and early April, the Attorney General sent additional memoranda that stressed the need to proactively use release authorities to remove the most vulnerable inmates from prisons. All of these documents and meetings stressed both the risk created by the novel coronavirus and the need to implement social distancing or a substitute to reduce that risk. Furthermore, the risk came to pass when dozens of prisoners and staﬀ fell ill.
�e warden herself acknowledged how delicate the situation was by writing on March 27, “We have a total of three inmates who have tested positive. . . . We can hold the line by following and maintaining the safety precautions.” Edge Decl. ex. 9 at MCC 22. �at email message attached an operations guide, which quarantined ﬁve units and enforced the importance of sanitation and of identifying inmates who exhibited symptoms. Id. at MCC 23. Indeed, the record is full of internal MCC emails and memoranda that stress the importance of isolating symptomatic inmates and quarantining those with whom those inmates had contact. See generally Edge Decl. Ex. 9 (collecting emails related to quarantine operations). In light of this focus on ﬁnding and isolating sick inmates, the warden and her senior staﬀ at least should have known that several of its tools for identifying those inmates were non-functional. It is undisputed that the warden now knows of these shortfalls based on the admissions she makes in her May 29 letter to the Court.
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�e warden makes her stand on the ﬁnal aspect of the merits analysis: whether, in light of this knowledge, the MCC made reasonable eﬀorts to abate the risk facing the inmates. �e MCC points to the substantial changes in operations it has put into eﬀect in a short period of time. Inmates are rarely let out of their cells to congregate with others, and, when they are, the cohorts remain static and limited to ten people. �e provision of PPE and sanitation supplies has been vastly expanded since March. �e MCC has acquired testing capabilities that will allow for more thorough screening of inmates entering the population. �e case management team has eliminated the backlog of inmates seeking compassionate release or home conﬁnement. Furthermore, the warden has implemented a number of policy changes that aim to rectify the failures in processing sick calls, properly conducting symptom screening, and executing contact tracing investigations.
Courts that have denied injunctive relief have pointed to similar eﬀorts by other prisons and found them to be reasonable. Most notably, three Circuit Courts of Appeals have vacated preliminary injunctions after determining that the petitioners had failed to establish deliberate indiﬀerence to the risks to their health. For example, in Wilson v. Williams, the Sixth Circuit found that the prison “was aware of and understood the potential risk” but ultimately acted reasonably. 961 F.3d 829, 2020 WL 3056217, at *7 (6th Cir. 2020). In making this ﬁnding, the panel noted that the prison’s eﬀorts to expand testing and improve its response during the determination of the preliminary injunction “demonstrate the opposite of a disregard of a serious health risk.” Id.; see also Chunn v. Edge, No. 20 Civ. 1590 (RPK) (RLM), --- F. Supp. 3d ----, 2020 WL 3055669, at *26 (E.D.N.Y. June 9, 2020). Similarly, the Eleventh Circuit examined eﬀorts to overcome the impossibility of social distancing and found that when prison oﬃcials “do[] their best balancing social distancing and regulation applicable to the facility” they do not exhibit deliberate indiﬀerence, especially when the CDC’s own guidance “presupposes that some modiﬁcation of its social-distancing recommendations will be necessary in institutional
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settings.” Swain v. Junior, No. 20-11622, --- F.3d ----, 2020 WL 3167628, at *8 (11th Cir. June 15, 2020); see also Mays v. Dart, No. 20 Civ. 2134 (MFK), 2020 WL 1812381, at *10 (N.D. Ill. Apr. 9, 2020) (same). And in staying a preliminary injunction order, the Fifth Circuit observed that that the prison “has taken and continues to take measures— informed by guidance from the CDC and medical professionals—to abate and control the spread of the virus. Although the district court might do things diﬀerently, “mere ‘disagreement’ with [the facility]’s medical decisions does not establish deliberate indiﬀerence.” Valentine v. Collier, 956 F.3d 797, 803 (5th Cir. 2020) (internal citation removed); see also Wragg v. Ortiz, 20 Civ. 5496 (RMB), 2020 WL 2745247, at *22 (D.N.J. May 27, 2020) (noting the present use of PPE and masks, as well as screening of newly admitted inmates, as evidence against deliberate indiﬀerence). Each of these cases show that the prison’s good faith eﬀorts to improve its response — even if it was initially deﬁcient, as was the case at the MCC — is enough to demonstrate that a petitioner is unlikely to succeed in showing deliberate indiﬀerence.
Many of the plans and practices detailed by the warden largely match the preliminary relief requested by the inmates, suggesting consensus on what is necessary to make the risk posed by COVID-19 in the MCC more reasonable. �e inmates urge the Court to order the warden to go further, however, by ordering the testing of all vulnerable inmates, all staﬀ who report symptoms, and all staﬀ who are exposed to the novel coronavirus; as well as ordering the warden to detail the frequency of symptom screening, inmate hygiene and mask provision, and the extent to which the MCC will use release authorities to reduce the inmate population. See Doc. 74 app. A. But the inmates have failed to show that the additional protections they seek are necessary to bring the conditions in the MCC above the constitutional minimum. In a rebuttal report entered after the warden’s submission, Dr. Venters does not engage with the diﬀerences between the warden’s proposed policies and those he suggests. Indeed, Dr. Venters writes, “I agree that aspects of some of these policies, if carried out in practice, would help the
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MCC address COVID-19.” Venters Rebuttal ¶ 2 (emphasis removed). Without expert testimony disputing the reasonableness of the MCC’s plan, the Court is unable to ﬁnd that the inmates are likely to succeed on this point.
Inmates’ counsel likewise show little objection to the policies the warden has proposed, instead focusing on the risk that the MCC will never implement them. �e Court is sensitive to this concern. �e record shows that the MCC performed almost no planning for the pandemic until almost the day the ﬁrst inmate tested positive. It further shows that, as the outbreak progressed, the MCC had diﬃculty properly operating the existing sick-call system and implementing the response plans it had created. �is record renders reasonable the inmates’ doubts on the MCC’s ability to follow through on its promises.
But, given that they are seeking an order from this Court directing the action of MCC oﬃcials, the inmates have the burden of showing a substantial likelihood of success on the merits. See New York Progress and Protection PAC v. Walsh, 733 F.3d 483, 486 (2d Cir. 2013). �e level of judicial oversight inherent in the warden’s decision to voluntarily report to the Court every two weeks with data on infections among inmates and staﬀ and to certify the implementation of her identiﬁed polices provides some assurance that she is genuine in her willingness to ﬁx the MCC’s initially ineﬀective response. Cf. E.E.O.C. v. KarenKim, Inc., 689 F.3d 92, 100 (2d Cir. 2012) (per curiam) (analyzing the “bona ﬁdes of the expressed intent to comply,” “the eﬀectiveness of discontinuance,” and “the character of the past violations” in determining the propriety of a permanent injunction).
Accordingly, the Court ﬁnds that the inmates have failed to show a substantial likelihood that they will succeed in proving that the MCC is deliberately indiﬀerent to the serious risks posed by COVID-19. Of course, the MCC may fall short in its eﬀorts to improve its pandemic response. Should the Court be in a position to issue a ﬁnal ruling
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on the propriety of a permanent injunction, it will consider these factors and a further developed factual record in its deliberation.
With the inmates having failed to make their showing of a substantial likelihood of success on the merits, the Court concludes its analysis and DENIES the inmates’ request for a preliminary injunction. See N. Am. Soccer League, LLC v. U.S. Soccer Fed’n, Inc., 883 F.3d 32, 45 (2d Cir. 2018) (not considering other preliminary injunction factors when movant failed to demonstrate substantial likelihood of success in mandatory injunction case); see also Chunn, 2020 WL 3055669, at *28 (same). Additionally, because the Court does not issue relief at this time, it does not analyze the parties’ arguments concerning whether relief may be granted to the entirety of the putative class. See Chunn, 2020 WL 3055669, at *28. IV. MOTION TO DISMISS
Having denied preliminary relief, the Court turns to the warden’s motion to partially dismiss the inmates’ petition. In that motion, the warden seeks to dismiss any parts of the petition that seek a release order from this Court. For the following reasons, that motion is DENIED.
Federal Rule of Civil Procedure 12(b)(1) requires that an action be dismissed for lack of subject matter jurisdiction when the district court lacks the statutory or constitutional power to adjudicate the case. Fed. R. Civ. P. 12(b)(1). �e party asserting subject matter jurisdiction carries the burden of establishing, by a preponderance of the evidence, that jurisdiction exists. Morrison v. Nat’l Australia Bank Ltd., 547 F.3d 167, 170 (2d Cir. 2008) (quoting Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000)). “On a Rule 12(b)(1) motion challenging the district court’s subject matter jurisdiction, the court may resolve the disputed jurisdictional fact issues by referring to evidence outside of the pleadings . . . .” Zappia Middle E. Constr. Co. Ltd. v. Emirate of Abu Dhabi, 215 F.3d 247, 253 (2d Cir. 2000). When evaluating a motion to dismiss for lack of subject matter jurisdiction, the court accepts all material factual allegations in the complaint as
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true, but does not draw inferences from the complaint favorable to the plaintiﬀ. J.S. ex rel. N.S. v. Attica Cent. Sch., 386 F.3d 107, 110 (2d Cir. 2004) (citing Shipping Fin. Servs. Corp. v. Drakos, 140 F.3d 129, 131 (2d Cir. 1998)).
Federal Rule of Civil Procedure 12(b)(6) governs motions to dismiss for failure to state a claim. “To survive a motion to dismiss, a complaint must contain suﬃcient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is facially plausible “when the plaintiﬀ pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). �e plaintiﬀ must allege suﬃcient facts to show “more than a sheer possibility that a defendant has acted unlawfully.” Id. (citing Twombly, 550 U.S. at 556). However, this “ﬂexible ‘plausibility standard’” is not a heightened pleading standard, In re Elevator Antitrust Litig., 502 F.3d 47, 50 n.3 (2d Cir. 2007) (quotation marks and citation omitted), and “a complaint . . . does not need detailed factual allegations” to survive a motion to dismiss, Twombly, 550 U.S. at 555.
�e question on a motion to dismiss “is not whether a plaintiﬀ will ultimately prevail but whether the claimant is entitled to oﬀer evidence to support the claims.” Sikhs for Justice v. Nath, 893 F. Supp. 2d 598, 615 (S.D.N.Y. 2012) (quoting Villager Pond, Inc. v. Town of Darien, 56 F.3d 375, 378 (2d Cir. 1995)). “[T]he purpose of Federal Rule of Civil Procedure 12(b)(6) is to test, in a streamlined fashion, the formal suﬃciency of the plaintiﬀ’s statement of a claim for relief without resolving a contest regarding its substantive merits” or “weigh[ing] the evidence that might be oﬀered to support it.” Halebian v. Berv, 644 F.3d 122, 130 (2d Cir. 2011) (internal quotation marks and citations omitted). Accordingly, when ruling on a motion to dismiss pursuant to Rule 12(b)(6), the Court accepts all factual allegations in the complaint as true and draws all reasonable inferences in the plaintiﬀ’s favor. Nielsen v. Rabin, 746 F.3d 58, 62 (2d
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Cir. 2014); see also Twombly, 550 U.S. at 556 (“[A] well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable . . . .”). “For purposes of this rule, the complaint is deemed to include any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference.” Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002) (internal quotation marks and citations omitted).
�e warden brings this motion to dismiss the inmates’ claims only insofar as they seek release from custody. She argues that there are three reasons for doing so: (1) the requested relief is precluded by the Prison Litigation Reform Act (the “PLRA”) because the inmates have not met the requirements for obtaining a “prisoner release order,” as deﬁned by that statute; (2) 18 U.S.C. § 3621 also prohibits the Court from granting the requested relief because it leaves decisions regarding inmate placement in the BOP’s sole discretion; and (3) granting the requested relief is barred by collateral estoppel and would violate well-established principles of “comity” by infringing on the authority of the district court judges presiding over the inmates’ criminal cases. �e Court considers each of these arguments in turn and ﬁnds that the PLRA does not apply to the instant action; that nothing in 18 U.S.C. § 3621 prohibits the Court from remedying constitutional violations; that collateral estoppel does not preclude review of these claims; and that, to the extent any principles of comity are implicated by the instant action, these are not an adequate basis for dismissal at this early stage. As such, the warden’s motion to partially dismiss is DENIED.
A. �e PLRA �e PLRA provides that “[p]rospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiﬀ or plaintiﬀs.” 18 U.S.C. § 3626(a)(1)(A). �e statute further provides that such relief must be “narrowly drawn, extend[] no further than necessary to correct the violation of the Federal right, and [be] the least intrusive means
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necessary to correct the violation of the Federal right.” Id. As is relevant to this litigation, the PLRA also severely curtails courts’ authority to issue so-called “prisoner release orders.” �e statute deﬁnes a “prisoner release order” as “any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or eﬀect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison.” Id. § 3626(g)(4). Courts may only issue such orders if at least two conditions are met. First, a court must have “previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order,” with which the defendant has had “a reasonable amount of time to comply.” Id. § 3626(a)(3)(A). Second, such an order must be entered by an appropriate three-judge court and only after ﬁnding, by clear and convincing evidence, that “crowding is the primary cause of the violation of a Federal right,” and that “no other relief will remedy the violation of the Federal right.” Id. § 3626(a)(3)(E).
While the warden contends that release is precluded in this action because the inmates have indisputably failed to meet the prerequisites for a prisoner release order as set out by the PLRA, the inmates argue that the PLRA does not apply to this action and that, even if it did, they are not seeking a “prisoner release order.” �e term “any civil action with respect to prison conditions” — to which the PLRA only applies — is deﬁned as:
[A]ny civil proceeding arising under Federal law with respect to the conditions of conﬁnement or the eﬀects of actions by government oﬃcials on the lives of persons conﬁned in prison, but does not include habeas corpus proceedings challenging the fact or duration of conﬁnement in prison[.] Id. § 3626(g)(2). Both parties agree that the statute plainly excludes “habeas corpus proceedings challenging the fact or duration of conﬁnement in prison.” �e question before the Court is whether the inmates’ action challenges “the conditions of
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conﬁnement,” or “the fact or duration of conﬁnement.” Given the unique nature of COVID-19, its transmission, and the measures required for its prevention, the Court ﬁnds that it does both, and that such a hybrid action is not covered by the PLRA. Having arrived at this conclusion, the Court does not need to reach the question of whether the inmates seek a “prisoner release order” at this juncture.
The Nature of the Relief Sought �e Second Circuit has “assume[d] without deciding” that habeas petitions “that challenge criminal convictions and sentences,” are “not civil actions covered by the PLRA.” Jones v. Smith, 720 F.3d 142, 145 n.3d (2d Cir. 2013). �is is in contrast to “petitions, sometimes brought under 28 U.S.C. § 2241, that complain of conditions of conﬁnement.” Id. 200 Here, the inmates clearly seek to improve the conditions at MCC so as to mitigate the spread of COVID-19.201 For example, they seek greater access to hygienic supplies and improved cleaning of the facility. �ey also seek increased access to health monitoring and testing for both inmates and staﬀ, as well as adequate treatment for those who have COVID-19 symptoms or are suspected of having or are known to
200 �e Court notes that not all circuits recognize § 2241 habeas petitions as a vehicle for challenging prison conditions. See, e.g., Aamer v. Obama, 742 F.3d 1023, 1034–38 (D.C. Cir. 2014) (describing split). �e Supreme Court has yet to address this question. See, e.g., Ziglar v. Abbasi, 137 S. Ct. 1843, 1862–63 (2017) (“[W]e have left open the question of whether [detainees] might be able to challenge their conﬁnement conditions via a petition for writ of habeas corpus.”). 201 In their petition, the inmates repeatedly make reference to the phrase “conditions of conﬁnement.” Petition ¶¶ 86, 89, 93, 94, 95, 96, 101, 102. Indeed, 28 U.S.C. § 2241, under which the inmates assert their claims, is generally recognized in the Second Circuit as a vehicle to “challenge[] the execution of a federal prisoner’s sentence, including such matters as the administration of parole, computation of a prisoner’s sentence by prison oﬃcials, prison disciplinary actions, prison transfers, type of detention and prison conditions.” Jiminian, 245 F.3d at 146. �is is in contrast to habeas claims brought pursuant to § 2255, which are “generally the proper vehicle for a federal prisoner’s challenge to his conviction and sentence.” Id. at 147. Courts have therefore sometimes characterized § 2241 petitions as “analogous to suits under 42 U.S.C. § 1983 complaining of conditions of conﬁnement.” Jones, 720 F.3d at 145 n.3. However, the classic distinction between claims targeting “conditions of conﬁnement” and claims targeting “the fact or duration of conﬁnement” begins to break down when the conditions complained of cannot be ameliorated without also addressing the fact or duration of conﬁnement. Such is the case presented by the novel coronavirus.
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have COVID-19. However, the inmates’ request for relief goes further. It seeks an order directing the warden to:
d. [R]elease from MCC conﬁnement, with such conditions as may be appropriate, of Petitioners and Class members (i) who are eligible for release pursuant to the BOP’s statutory authority or directives issued by Attorney General Barr; or (ii) for whom release (either temporary or permanent) is otherwise reasonable under the extraordinary circumstances of the COVID-19 pandemic; and e. for those inmates who cannot be released under (d) above and who are vulnerable to COVID-19 based on CDC criteria, prompt transfer from the MCC to another BOP facility where appropriate preventive measures may be taken and adequate health care can be provided, until such time as the MCC can improve conditions suﬃciently to take such measures and provide such care itself. Petition at 27–28. �e inmates allege that “[r]elease protects the inmates with the greatest vulnerability to COVID-19 from transmission of the virus,” as well as makes social distancing possible for the remaining inmates. Id. ¶ 33; see also id. ¶¶ 47–50 (alleging that “[t]he MCC’s failure to release or transfer inmates has resulted in continued
overcrowding,” which has, in turn, created conditions making it “eﬀectively impossible for inmates to maintain a six-foot distance from others”). As the inmates further allege, “social distancing [is] required to mitigate the risk of transmission.” Id. ¶ 25. Without the requested relief, such social distancing is allegedly impossible. Because release is therefore required to remedy the warden’s alleged deliberate indiﬀerence, the Court ﬁnds that the inmates are challenging not just the conditions of their conﬁnement, but the very fact of their conﬁnement as well.
In analyzing similar claims, courts in the District of Connecticut, the District of Massachusetts, and the Northern District of Ohio202 have come to the same conclusion.
202 �ough the Sixth Circuit recently overturned the preliminary injunction issued in this case, it aﬃrmed the district court’s ﬁnding that the PLRA did not apply. Wilson v. Williams, No. 20-3447, --- F.3d ----, 2020 WL 3056217, at *5–6 (6th Cir. June 9, 2020). In doing so, however, it also noted “that the district court’s order requiring transfer from Elkton to another BOP facility was not proper under § 2241.” Id. at *6. Despite apprising the Court of the Sixth Circuit’s holding in Wilson, neither party has addressed what eﬀect, if any, its decision to circumscribe relief might have on this case.
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In Martinez-Brooks v. Easter, No. 20 Civ. 569 (MPS), --- F. Supp. 3d ----, 2020 WL 2405350 (D. Conn. May 12, 2020), the Court also considered whether the PLRA precluded review of a § 2241 habeas petition brought by inmates who had increased COVID-19 risk factors. �e petitioners there alleged that,
[T]heir medical histories and the outbreak at FCI Danbury combine to place them in grave danger from COVID-19; that at current facility population levels, they and other FCI Danbury inmates cannot comply with CDC guidelines for physical distancing; and that as long as prisoners are unable to practice physical distancing, any other mitigating steps will fail to decrease meaningfully the risk of COVID-19 infections at FCI Danbury. Id., at *16 (internal quotation marks and citation omitted). �at petition sought an order “either releasing them from custody altogether or releasing them to home conﬁnement because, absent signiﬁcant de-densifying, people who are conﬁned in prisons, jails, and detention centers, as well as staﬀ, will ﬁnd it impossible to engage in the necessary social distancing and hygiene required to mitigate the risk of transmission.” Id. �e court interpreted these claims as alleging that “nothing short of an order ending [petitioners’] conﬁnement at FCI Danbury [would] alleviate that violation.” Id. It therefore construed the petition as one challenging, at least in part, the fact, not just the conditions, of their conﬁnement. Similarly, in Baez v. Moniz, No. 20 Civ. 10753 (LTS), --- F. Supp. 3d ----, 2020 WL 2527865 (D. Mass. May 18, 2020), the petitioners alleged that “[u]nder the current conditions at PCCF, Respondents have not and cannot protect Petitioners and the class from this risk of serious harm. In these circumstances, release is the only means of protecting the inmates and the class they seek to represent from unconstitutional treatment.” Id., at *2 (internal quotation marks and citation omitted). Based on these allegations, the court concluded that “this action arises under § 2241 and is properly viewed, at least in part, as a challenge to the fact or duration of the petitioners’ conﬁnement,” and, therefore, the PLRA did not limit the court’s jurisdiction. Id.
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Finally, in Wilson v. Williams, No. 20 Civ. 794 (JSG), --- F. Supp. 3d ----, 2020 WL 1940882 (N.D. Ohio Apr. 22, 2020), vacated on other grounds, 961 F.3d 829 (6th Cir. 2020), the court considered the request of a medically vulnerable subclass that sought immediate release to home conﬁnement, parole, or half-way houses “at least until the risk of the virus has abated.” Id. at *6. �e court found that this claim — as opposed to the larger class’s claims, which included the oversight of a public health expert to mitigate the risk of COVID-19 — was not merely a challenge to prison conditions, but rather was “closer to a challenge to the manner in which the sentence is served.” 203 Id. �erefore, the district court in Wilson found that the subclass’s claims were not subject to the PLRA’s requirements. Id. at *10.
At least one court, however, has found that the PLRA does apply to claims like those of the inmates. In Alvarez v. Larose, the district court for the Southern District of California found that that “unlike a claim concerning the fact of conﬁnement, Plaintiﬀs’ claims would not exist but for their current conditions of conﬁnement at Otay Mesa.” Alvarez v. Larose, No. 20 Civ. 782 (DMS) (AHG), --- F. Supp. 3d ----, 2020 WL 2315807, at *3 (S.D. Cal. May 9, 2020). �erefore, the court concluded, the habeas claim was based on conﬁnement conditions, and was subject to the purview of the PLRA. Id. In arriving at its conclusion, the Court considered that the plaintiﬀs “[had] not challenge[d] the reason for their conﬁnement, their conviction or charge, the length of their sentence, or a release determination based on good time credits—claims that are often characterized as ‘the core of habeas corpus.’” Id. (quoting Preiser v. Rodriguez, 411 U.S. 475, 487 (1973)). Instead, it found that “their claims [were] based solely on the conditions inside the OMDC given the COVID-19 pandemic.” Id.
203 As a result, the Court found that the claim was cognizable under 28 U.S.C. § 2241. Wilson, 2020 WL 1940882, at *6. Notably, the Sixth Circuit, unlike the Second Circuit, does not recognize § 2241 as “the proper vehicle for a prisoner to challenge conditions of conﬁnement.” Id., at *5 (internal quotation marks and citation omitted). “However, the Sixth Circuit has also held § 2241 is appropriate for claims challenging the execution or manner in which the sentence is served.” Id. (internal quotation marks and citation omitted).
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�e warden argues that this case is more like Alvarez than Martinez-Brooks, Baez, and Wilson because the inmates invoke other types of relief — for example, improved cleaning of the facility, increased testing and health monitoring, appropriate quarantine and treatment measures, and so forth — that could potentially cure their constitutional violation. Compare Alvarez, 2020 WL 2315807, at *3 (“[U]nlike the inmates in Wilson, Plaintiﬀs fail to argue that there are no set of conditions of conﬁnement that would be constitutionally suﬃcient.”), with Martinez-Brooks, 2020 WL 2405350, at *16 (ﬁnding that petitioners had alleged that “nothing short of an order ending their conﬁnement[] . . . [would] alleviate th[e] [constitutional] violation”), Baez, 2020 WL 2527865, at *2 (ﬁnding that petitioners had alleged that “release is the only means of protecting Petitioner”), and Wilson, 2020 WL 3056217, at *5 (“[W]here a petitioner claims that no set of conditions would be constitutionally suﬃcient, the claim should be construed as challenging the fact or extent, rather than the conditions, of the conﬁnement.” (citations omitted)).204 �e Court is unpersuaded by this argument for several reasons. First, as the inmates in this case well note, “a combination of release and non-release measures is plainly needed in the extraordinary circumstances of the COVID-19 pandemic, where social distancing is a critical public health measure that is diﬃcult to achieve in prisons or jails.” Doc. 57 at 7. It would be unreasonable for the inmates to ask for one form of relief without the other. Second, the fact that other relief has been sought does not mean that release is not essential. In other words, none of the additional relief the inmates seek would allow them to more eﬀectively practice social distancing, which, according to the petition, is necessary to remedying the warden’s alleged deliberate indiﬀerence. See, e.g., Petition ¶ 24 (“Social distancing, wearing a face mask, and vigilant hygiene . . . are the only known eﬀective measures for protection from COVID-10.” (emphasis added)); id. ¶ 25 (“Individuals who are conﬁned in prisons, jails, and other detention centers are
204 Indeed, this is one of the key distinctions Martinez-Brooks drew on as it declined to adopt the reasoning in Alvarez. Martinez-Brooks, 2020 WL 2405350, at *16 n.16.
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generally unable to engage in the social distancing required to mitigate the risk of transmission.” (emphasis added)).
�e Court therefore concludes that the inmates challenge, at least in part, the “fact of conﬁnement.”
Application of the PLRA With this understanding the Court next turns to whether actions that challenge both the conditions of conﬁnement and the fact of conﬁnement, like this one, are included in the deﬁnition of “a civil action with respect to prison conditions.” �e Court ﬁnds that this deﬁnition does not extend to these types of claims. To the Court’s knowledge, only one court has conducted an in-depth textual analysis of the PLRA’s deﬁnition of “a civil action with respect to prison conditions,” as found in 18 U.S.C. § 3626(g)(2). In Martinez-Brooks, Judge Shea of the District of Connecticut sought to give eﬀect to all parts of the deﬁnition — both the ﬁrst clause, “any civil proceeding arising under Federal law with respect to the conditions of conﬁnement or the eﬀects of actions by government oﬃcials on the lives of persons conﬁned in prison,” and its qualifying clause, “but does not include habeas corpus proceedings challenging the fact or duration of conﬁnement in prison.” He found that the ﬁrst clause, by its very terms, already exempts from the PLRA “habeas petitions unrelated to conditions of conﬁnement—such as challenges to the validity of a conviction or the length of the sentence imposed by the court.” No. 20 Civ. 569 (MPS), --- F. Supp. 3d ----, 2020 WL 2405350, at *17 (D. Conn. May 12, 2020). In other words, if the qualifying phrase were to relate exclusively to these kinds of habeas proceedings, it would be “superﬂuous.” Id. “By contrast, interpreting the clause to refer to a subset of habeas petitions ‘with respect to the conditions of conﬁnement . . .’ — namely, those that challenge the ‘fact or duration of conﬁnement’ by claiming, for example, that no constitutional conditions of conﬁnement are possible under the circumstances — gives eﬀect to all parts of the deﬁnition.” Id. After conducting this analysis, Judge Shea
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concluded that actions challenging the fact of conﬁnement as well as the conditions of conﬁnement were excluded from the PLRA. �e Court ﬁnds this analysis persuasive.
�e warden argues that this conclusion is based on an incorrect reading of the Second Circuit’s statement in Jones v. Smith, 720 F.3d 142 (2d Cir. 2013). In a footnote in that case, the Second Circuit expanded upon its previous holding in Reyes v. Keane, 90 F.3d 676, 678 (2d Cir. 1996), overruled on other grounds by Lindh v. Murphy, 521 U.S. 320 (1997), which held that “Congress did not intend the PLRA to apply to petitions for a writ of habeas corpus.” �e Second Circuit wrote:
We recognize that Reyes spoke in general terms to the eﬀect that ‘habeas corpus petitions’ are not civil actions covered by the PLRA. We nonetheless assume without deciding that, in so saying, the court meant habeas corpus petitions that challenge criminal convictions and sentences, and not petitions, sometimes brought under 28 U.S.C. § 2241, that complain of conditions of conﬁnement, which are analogous to suits under 42 U.S.C. § 1983 complaining of conditions of conﬁnement. 720 F.3d at 145 n.3. �e warden argues that “[c]ontrary to petitioners’ suggestion, this statement—that challenges to criminal convictions and sentences are not covered by the PLRA—does not support their construction of Section 3626(g)(2), and thus their release claims are governed by Section 3626.” Doc. 73 at 4. �e warden’s argument appears to invite the Court to equate the phrase “habeas corpus petitions that challenge criminal convictions and sentences” with “habeas corpus proceedings challenging the fact or duration of conﬁnement in prison.” �e Court rejects this invitation for several reasons. First, as discussed in Martinez-Brooks, the plain text of the statute is clear. See United States v. Gayle, 342 F.3d 89, 92 (2d. Cir. 2003) (“Statutory construction begins with the plain text and, if that text is unambiguous, it usually ends there as well.” (citations omitted)). Second, had Congress intended the PLRA to exclude only “habeas corpus petitions that challenge criminal convictions and sentences,” surely a common enough phrase, this is the phrase it would have used. It did not do so. As the court in Martinez-Brooks found, “the Jones dicta does not clearly
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address whether the PLRA applies to habeas petitions that challenge both conditions of conﬁnement and the fact or duration of conﬁnement.” 2020 WL 2405350, at 17 n.17. Finally, to the extent any doubt remains, the very next sentence of the Jones footnote goes on to state that “[t]he logic of our opinion in Reyes was to distinguish between civil actions covered by the PLRA and others based on the type of relief sought, rather that the statute under which relief was sought.” 720 F.3d at 145 n.3. �at is exactly the kind of distinction the Court makes here.
For all of these reasons, the Court concludes that the PLRA does not apply to the instant action.
B. 18 U.S.C. § 3621 Next, the warden argues that “Section 3621 precludes the Court from ordering the transfer of MCC inmates to other BOP facilities or community-based placements even if it ﬁnds that petitioners’ constitutional claims have merit.” Doc. 73 at 8. Section 3621 provides that the BOP “shall designate the place of the prisoner’s imprisonment,” and that this designation “is not reviewable by any court,” though it does not deﬁne the “place of imprisonment.” 18 U.S.C. § 3621(b). As the Second Circuit has held, “[t]he BOP is the sole agency charged with discretion to place a convicted defendant within a particular treatment program or a particular facility.” Levine v. Apker, 455 F.3d 71, 83 (2d Cir. 2006) (citing United States v. Williams, 65 F.3d 301, 307 (2d Cir. 1995)). �is law is well-established. However, it does not apply to the type of relief at issue here. As the inmates rightly note, their petition does not ask the Court to review individual home conﬁnement requests or to challenge any of the individual decisions made by BOP. Doc. 57 at 14. It also does not, as the warden claims, “seek a court order overturning BOP’s decision not to release [the inmates] to home conﬁnement or halfway houses.” Doc. 73 at 9. Indeed, the thrust of the inmates’ allegations appears to be that BOP has failed to make these decisions at all. Rather, the petition seeks an order mandating the BOP to act pursuant to its authority under a diﬀerent statutory provision,
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18 U.S.C. § 3624, as expanded by the CARES Act, so as to avoid a constitutional violation. �e Court does not read this as an invitation to review BOP’s ultimate individual decisions, but rather as one to ensure that BOP is not acting with deliberate indiﬀerence in the face of the coronavirus pandemic and its call for adequate preventative measures. As the court in Martinez-Brooks held, “[w]hile subsection 3621(b) gives the BOP broad, general authority over designations of and transfers to ‘places of imprisonment,’ a term that some courts have construed to cover halfway houses as well as prisons, subsection 3624(c)(2) provides speciﬁc, independent authority to place inmates in home conﬁnement.” 2020 WL 2405350, at *15 (internal citation omitted). A ﬁnding that the warden has failed to constitutionally exercise her authority under subsection 3624(c)(2), is therefore “not [a] review[] [of] the BOP’s designation of a place of imprisonment under subsection 3621(b).” Id. (internal quotation marks and citation omitted). In other words, “the Court is not reviewing the merits of BOP’s decision as to where [the inmates] [are] housed, but the constitutionality of the conditions of conﬁnement it places on [them] regardless of where [they] are housed.” Royer v. Fed. Bureau of Prisons, 933 F. Supp. 2d 170, 180 (D.D.C. 2013).
Moreover, if there remains any ambiguity as to whether § 3621 precludes the Court’s review of the inmates’ claims, the statute must be read otherwise. “[W]here Congress intends to preclude judicial review of constitutional claims its intent to do so must be clear.” Webster v. Doe, 486 U.S. 592, 603 (1988). Neither § 3621 nor § 3624 mention any restriction on judicial review of constitutional claims. Indeed, as at least one court in this district has found, “[w]hile it is true that prison oﬃcials generally have discretion to transfer an inmate from one correctional facility to another, the transfer is reviewable if it is otherwise in violation of an individual’s constitutional rights.” FerminRodriguez v. Westchester Cty. Jail Med Pers., 191 F. Supp. 2d 358, 362 n.3 (S.D.N.Y. 2002) (internal citation omitted). Such a reading properly “avoid[s] the constitutional question that would arise from a wholesale bar on judicial review in the circumstances of
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this case.” Martinez-Brooks, 2020 WL 2405350, at *15 (citations omitted); see also Webster, 486 U.S. at 603 (noting that a “serious constitutional question . . . would arise if a federal statute were construed to deny any judicial forum for a colorable constitutional claim”) (internal citation omitted)).
�e Court therefore ﬁnds that 18 U.S.C. § 3621 does not provide a basis for dismissal.
C. Improper Collateral Attacks and Risk of Inconsistent Rulings Finally, the warden argues that the Court should dismiss the inmates’ release claims “to avoid inconsistent rulings and prevent inmates from inappropriately collaterally challenging the decisions of other courts.” Doc. 47 at 17. She argues that “[p]etitioners and the putative class members may pursue release through a motion for bail or compassionate release addressed to the district court before which their criminal case is pending” — indeed three of the four named petitioners already have, albeit unsuccessfully.205 Id. at 18. In light of these opportunities, she argues that entertaining release claims is both barred by collateral estoppel and inappropriate because of general principles of comity. �e Court addresses each of these arguments in turn.
Collateral Estoppel �e warden argues that “entertaining release in this case runs the risk of creating inconsistent rulings.” Doc. 47 at 18. Speciﬁcally, she posits that inmates like FernandezRodriguez, Hatcher, and Woodson, who have already brought claims either for compassionate release and bail and whose claims have already been denied, have “raised in motions in their criminal cases the same arguments regarding risks to their health, the
205 Petitioner Fernandez-Rodriguez’s motion for release on bail in light of concerns relating to MCC’s management of the coronavirus pandemic was denied by Judge Daniels on April 7, 2020, see United States v. Fernandez Rodriguez, 20 Crim. 43 (GBD) (ECF No. 27) (S.D.N.Y. Apr. 7, 2020); Petitioner Hatcher’s emergency motion for compassionate release requesting either home conﬁnement or release on bail due to the COVID-19 pandemic was denied by Judge Failla on April 16, 2020, see United States v. Hatcher, 18 Crim. 454 (KPF) (ECF No. 233) (S.D.N.Y. Apr. 16, 2020); and Petitioner Woodson’s motion for compassionate release in light of COVID-19 and the MCC’s inadequate response was denied by Judge Castel on May 4, 2020, see United States v. Woodson, 18 Crim. 845 (PKC), 2020 WL 2114770 (S.D.N.Y. May 4, 2020).
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alleged conditions within the MCC, and why the potential dangers outweighed the ﬂight and security concerns posed by their release,” and that these claims are therefore barred by collateral estoppel. Doc. 73 at 11. She points to Woodson as an example of someone who “repeatedly raised the same arguments he makes now” in support of his motion for compassionate release or, in the alternative, for transfer to a halfway house or home conﬁnement. Doc. 47 at 18–19. In that case, Judge Castel, Woodson’s sentencing judge, denied the motion in part because “[s]upervising Woodson on home conﬁnement with location monitoring would greatly tax the resources of the Oﬃce of Probation.” United States v. Woodson, 18 Crim. 845 (PKC), 2020 WL 2114770, at *4 (S.D.N.Y. May 4, 2020). �e warden maintains that “a decision of this Court directing BOP to release inmates to home conﬁnement would be inconsistent with such decisions.” Doc. 73 at 10.
�e Court ﬁnds that collateral estoppel does not bar review of the inmates’ release claims. �e doctrine of collateral estoppel, or issue preclusion, applies when:
(1) [T]he issues in both proceedings are identical, (2) the issue in the prior proceeding was actually litigated and actually decided, (3) there was full and fair opportunity to litigate in the prior proceeding, and (4) the issue previously litigated was necessary to support a valid and ﬁnal judgment on the merits. United States v. Hussein, 178 F.3d 125, 129 (2d Cir. 1999) (internal quotation marks and citation omitted). However, as the Second Circuit has held, “[i]ssues that may bear the same label are nonetheless not identical if the standards governing them are signiﬁcantly diﬀerent.” Jim Bean Brands Co. v. Beamish & Crawford Ltd., 937 F.2d 729, 734 (2d Cir. 1991). �e warden herself has aptly summarized the diﬀerence in standards between either a motion for compassionate release or bail pending sentencing and a motion for habeas corpus alleging deliberate indiﬀerence: “[F]or either a motion for compassionate release or a motion for bail pending sentencing, the court’s inquiry focuses on the defendant’s individual circumstances, and not [as in a habeas petition for deliberate indiﬀerence claims] on the state of mind or actions of prison oﬃcials.” Nor does the
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warden suggest that the inmates could have raised their constitutional claims in their motions for compassionate release. As noted by the court in Martinez-Brooks v. Easter, the question of whether constitutional violations can be raised in compassionate release hearings presents a novel question. No. 20 Civ. 569 (MPS), --- F. Supp. 3d ----, 2020 WL 2405350, at *18 (D. Conn. May 12, 2020). However, as the judge in Hatcher’s criminal proceeding observed, an inmate’s Eighth Amendment claims “would have to be presented in the procedural vehicle of a habeas petition under 2241 . . . and couldn’t just be intuited from a compassionate release motion.” United States v. Hatcher, 18 Crim. 454–10 (KPF), Doc. 234 at 14:1–24 (S.D.N.Y. Apr. 16, 2020); see also United States v. Haney, No. 19 Crim. 541 (JSR), 2020 WL 1821988, at *8 (S.D.N.Y. Apr. 13, 2020) (declining to interpret compassionate release motion as a habeas petition because “the Court will not, and cannot, construe what is not a habeas petition as a habeas petition”). �e warden does not argue to the contrary.206
Comity �e warden also appeals to general “principles of comity,” as a basis for dismissing the inmates’ claims, urging the Court to exercise its “equitable restraint.” Doc. 47 at 18. At the outset, the Court notes that the warden does not point the Court to any relevant doctrine of abstention or otherwise. As the Supreme Court has cautioned, “[j]urisdiction existing, . . . a federal court’s ‘obligation’ to hear and decide a case is ‘virtually unﬂagging.’” Sprint Commc’ns, Inc. v. Jacobs, 571 U.S. 69, 77 (2013)
206 �is also distinguishes Zambrana v. Califano, 651 F.3d 842, 844 (2d Cir. 1981), on which the warden relies for support. In Zambrana, Social Security applicants, whose claims had been remanded for further proceedings, sought to form a nationwide class for due process violations based on processing delays without ﬁrst seeking relief from remanding courts. �e Second Circuit aﬃrmed the district court’s dismissal, ﬁnding in part that a remanding court “may adjust its relief to the exigencies of the case in accordance with the equitable principles governing judicial action.” Id. at 844 (internal quotation marks and citation omitted). Because “there [was] a clear remedy available to plaintiﬀs . . . in the district courts that remanded their individual cases to SSA,” the Second Circuit found that it would aﬃrm on that ground alone, “rather than have the district judge supervise the prompt disposition of remands from scores of other judges.” Id. at 845. Here, no such “clear remedy” — beyond habeas — is available to the inmates.
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(quoting Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817 (1976)). More importantly, as the inmates aptly note, nothing in the petition asks the Court “to order the district judges in their criminal cases to grant them compassionate release, or anything else for that matter.” Doc. 57 at 15.
As to the sentenced petitioners, the warden cites to no authority that prevents the BOP from reviewing the inmates for furlough or home conﬁnement, even if the sentencing judge has denied an application for compassionate release. Indeed, several judges considering compassionate release applications have noted that the BOP’s tools for de-densifying prisons in light of the pandemic are far more extensive than those of the judiciary. See, e.g., United States v. Roberts, 18 Crim. 528–5 (JMF), --- F. Supp. 3d ----, 2020 WL 1700032, at *3–4 (S.D.N.Y. Apr. 8, 2020) (discussing prisoner furloughs pursuant to 18 U.S.C. § 3622 and “recommending that BOP exercise its discretion to grant [an inmate] temporary release” (internal quotation marks and citation omitted)). In this action, the inmates seek an order directing the BOP to make use of these tools. �ere is nothing that prevents this Court, upon a ﬁnding of a constitutional violation, from doing so.
With regard to pretrial detainees, the warden does note that several circuits have held that a § 2241 petition cannot seek release of a pretrial detainee, “as the authority to order such release lies exclusively through the bail authority of the criminal court.” Doc. 43 at 18 (citing Reese v. Warden, 904 F.3d 244, 247 (3d Cir. 2018); Medina v. Choate, 875 F.3d 1025, 1029 (10th Cir. 2017); Williams v. Hackman, 364 F. App’x 268 (7th Cir. 2010). However, even these cases — which are not binding on this Court — recognize that there are “exceptional circumstances” under which pretrial detainees may seek release through a § 2241 petition. See Reese, 904 F.3d at 246; Medina, 875 F.3d at 1028. �e inmates argue that such “exceptional circumstances” are present here, where, unlike in bail hearings, “inmates can gather evidence in support of their common allegations of systemic constitutional violations—violations that require urgent redress in order to
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 Case 1:20-cv-03315-ER Document 118 Filed 01/13/21 Page 1 of 35

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, REDHWAN ALZANAM, ROBERT BARNES, MICHAEL FALU, GREGORY FERRER, CHRIS KARIMBUX, WILLIAM PASCAL, and JORGE SOTO, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
MARTI LICON-VITALE, in her official capacity as Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)
FIRST AMENDED1 CLASS ACTION PETITION SEEKING WRITS OF HABEAS CORPUS

Petitioners Cesar Fernandez-Rodriguez, Redhwan Alzanam, Robert Barnes, Michael Falu, Gregory Ferrer, Chris Karimbux, William Pascal, and Jorge Soto (collectively, “Petitioners”), on behalf of themselves and a class of similarly situated detained people in the custody of the Metropolitan Correctional Center (“MCC”), by and through their attorneys, Covington & Burling LLP, allege, based on personal knowledge as to themselves and their own circumstances and on information and belief as to all other matters, as follows:
PRELIMINARY STATEMENT 1. An unprecedented public health crisis continues to unfold at the MCC, a result of the jail’s long delayed and consistently inadequate response to the COVID-19 pandemic. To date, at least 53 staff members and 80 inmates have tested positive for the virus. In the early months of
1 Attached as Exhibit A is the Court’s signed order granting the Petitioners’ request to file an amended petition.

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the crisis, COVID-19 spread through the MCC, an overcrowded jail serving an inmate population nearly 50 percent greater than the number of inmates it was designed to serve. Nine months later, the MCC still fails to take the steps it should to protect the health and safety of its population. The MCC’s delayed response to the spread of COVID-19 within its walls has been a mixture of ineptitude and indifference that threatens the safety of inmates, staff, and the community at large.
2. Despite knowing about the potential risks posed by the COVID-19 pandemic for months, the MCC, by its own admission, did almost nothing to prepare for it. Among other failures to ready itself for the first wave of the pandemic, the MCC took virtually no steps to reduce overcrowding, did not develop a testing protocol or obtain test kits, had insufficient PPE on hand, and had no plan to isolate those suffering from COVID-19. Some steps the MCC did take were as inexplicable as their numerous failures to act. In particular, the MCC decided to house the MCC inmates most vulnerable to COVID-19 in the cramped open dormitories of 11 South, together with the “cadre” inmates who work throughout the facility.
3. When, as was foreseeable, COVID-19 entered the facility in March, the MCC’s response was as ill-conceived as it was inhumane. In dozens of instances, the MCC simply left symptomatic inmates in crowded open dormitories in which as many as two dozen men bunked closely together, sharing a single toilet and one or two sinks. Unsurprisingly, the virus spread rapidly through at least one of the units that contain these open dormitories and from there, throughout the facility. Other inmates with COVID-19 symptoms were confined to cells with concrete “beds” that were used to hold 9/11 terrorist defendants. Inmates suspected of infection often received, at best, only cursory medical attention.
4. Even after witnessing the impact of overcrowding in the first outbreak, the MCC failed to reduce the extreme overcrowding of its facility—which operated at nearly 50 percent
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more than capacity for months—in a manner reflecting the urgency of the pandemic, despite ample tools to do so. Despite multiple directives from U.S. Attorney General William Barr to reduce prison populations through the use of home confinement, and related BOP guidance to address overcrowding by evaluating inmates for transfer or furlough, the MCC reassigned the critical personnel responsible for handling such matters for nearly a month at the height of the initial outbreak. The reassignment significantly delayed implementation of the Attorney General’s guidance, and compassionate release requests piled up into a significant backlog.
5. The true impact of that first wave is unknown because, in the early months of the crisis, the MCC tested only a tiny fraction of the inmate population, and failed to test many symptomatic inmates who were almost certainly suffering from the virus. As of April 28, only seven tests had been conducted, representing just one percent of the inmate population at that time. Five of those seven tests—71 percent—came back positive, strong evidence that the virus had been spreading unmonitored and undetected throughout the jail. Increased testing in the months following the start of this litigation revealed greater numbers of positive cases.
6. By the end of the summer, a second wave had struck the facility with an additional 31 inmates testing positive. And, more recently, the MCC has experienced yet another wave of COVID-19 infections, with 38 additional inmates and six more staff members testing positive since mid-November. Many of the same failings that punctuated the MCC’s initial mismanagement, which allowed the virus to spread through the facility in the first instance, continued during the more recent waves.
7. Throughout the pandemic, the MCC has failed to trace and properly quarantine those who have had contact with infected inmates and staff, despite written guidance from the
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Federal Bureau of Prisons’ (“BOP”) sister federal agency, the Centers for Disease Control and Prevention (“CDC”), that such measures are essential.
8. The MCC’s isolation practices have also fallen short of guidelines for correctional institutions and the standards set or agreed to by the MCC itself. Inmates isolated due to positive COVID-19 tests have been returned to regular housing locations without a negative test, medical screening, or even the expiration of the 14-day quarantine period. And the practice of isolating inmates in punitive housing, which the Respondent claimed to use only as a “last resort,” continued through at least the late summer and has still not been repudiated.
9. The MCC’s medical screening used to identify potential COVID-19-positive inmates has oscillated between lackluster and non-existent. Dozens of inmates have waited weeks and sometimes even months for responses to sick call requests or doctor-ordered medical tests, and in some cases have received no response at all. The MCC itself has acknowledged this failing on multiple occasions.
10. The MCC has also failed at times to take obvious, common-sense health and hygiene measures crucial to reducing the spread of the virus. Soap has often been lacking, or has been obtainable only through purchase at the commissary. Toilets, showers, phones, and computer keyboards have not consistently been sanitized between uses. Inmates initially received only paper or thin cloth masks, when they received them at all, and were told to reuse them for a week or more. MCC staff members have circulated from unit to unit, including between quarantined units with infected inmates and non-quarantined units, often without the proper personal protective equipment, which certain staff members fail to wear consistently or properly.
11. Ultimately, the MCC’s many failings have jeopardized the health and safety of the entire population under its care, including the inmates who the MCC determined are or were
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especially vulnerable to COVID-19 based on CDC criteria. This confined population is at a particularly high risk of contracting a disease which, even in the country’s general population, has required the hospitalization of at least hundreds of thousands of people and resulted in the deaths of over 375,000 Americans.
12. Judicial intervention is required to compel the MCC to improve conditions of incarceration and take other steps to comply with the requirements of the U.S. Constitution and lessen the risk of serious illness or the death of individuals in its care. Inmates nearing the end of their sentences, and other inmates for whom release is reasonable under the extraordinary circumstances of the COVID-19 pandemic, should be released promptly to home confinement. Others should be transferred to alternate facilities where adequate preventive and treatment measures can be provided. Improvements to the MCC’s tracing, treatment, sanitation, isolation, and other health-related conditions of confinement must be put into effect for all who remain.
THE PARTIES 13. Each of the eight petitioners is in the custody of the BOP at the MCC. 14. Petitioner Cesar Fernandez-Rodriguez is a 38-year-old man currently in pre-trial custody. Mr. Fernandez-Rodriguez suffers from chronic asthma, among other conditions, that potentially put him at increased risk of severe illness or death from the virus that causes COVID19. During his incarceration, he and past cellmates, one of whom tested positive this summer, have suffered from COVID-19 symptoms. In addition, at various points, Mr. FernandezRodriguez has not received medical care, his asthma medication, or hygiene products (including soap and tissues). 15. Petitioner Redhwan Alzanam is a 22-year-old man who has been sentenced and is scheduled to be released in 2021. After Mr. Alzanam tested positive for COVID-19 in July 2020, he spent part of his isolation in Tier G of the punitive Special Housing Unit (“SHU”), which was
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built to contain 9/11 terrorists. Mr. Alzanam was ultimately released from isolation without a test confirming his negative status and without even undergoing a medical examination.
16. Petitioner Robert Barnes is a 74-year-old man who has pleaded guilty and is awaiting sentencing. Mr. Barnes suffers from numerous medical conditions, including coronary heart disease, high blood pressure, and deteriorated kidney function, which make him at increased risk for severe illness or death from the virus that causes COVID-19.
17. Petitioner Michael Falu is a 33-year-old man who has been sentenced and is scheduled to be released in late 2022. In April 2020, Mr. Falu experienced COVID-19 symptoms, including cold chills, sweats, headache, a pronounced cough, and loss of taste and smell. Despite those symptoms, and requests for medical attention, Mr. Falu received only belated and perfunctory treatment and he was not tested at that time.
18. Petitioner Gregory Ferrer is a 34-year-old man currently in pre-trial custody. Mr. Ferrer suffers from asthma, which potentially places him at increased risk of severe illness or death from the virus that causes COVID-19. Mr. Ferrer has been in quarantine since he arrived at the facility in October 2020. Since his arrival, over ten inmates in his tier have tested positive for COVID-19.
19. Petitioner Chris Karimbux is a 39-year-old man who has been sentenced and is scheduled for release on July 6, 2021. In late March and early April of 2020, Mr. Karimbux experienced COVID-19 symptoms, including a fever as high as 105 degrees, body aches, labored breathing, and a loss of smell. In July 2020, Mr. Karimbux tested positive for COVID-19. Mr. Karimbux was not tested to confirm his negative status before being released from isolation.
20. Petitioner William Pascal is a 46-year-old man who has been sentenced and is scheduled for release on April 17, 2021. Mr. Pascal suffers from diabetes, asthma, and myoclonic
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seizures, among other conditions, which put him at increased risk of severe illness or death from the virus that causes COVID-19. Mr. Pascal has been quarantined since his arrival at the MCC in mid-October. Several inmates in Mr. Pascal’s tier have tested positive for COVID-19. Mr. Pascal has not received cleaning supplies or medical care, despite repeated requests.
21. Petitioner Jorge Soto is a 53-year old man who has pleaded guilty and is awaiting sentencing. Mr. Soto suffers from asthma and chronic obstructive pulmonary disease (COPD), which puts him at increased risk for severe illness or death from the virus that causes COVID-19, and has been hospitalized multiple times for shortness of breath. During his incarceration, both Mr. Soto and past cellmates have suffered from COVID-19 symptoms.
22. Respondent Marti Licon-Vitale is the Warden at the MCC and is being sued in her official capacity. As Warden, Respondent Licon-Vitale oversees all day-to-day activity at the MCC and is responsible for ensuring the health and safety of all in the institution, including providing adequate medical care to them. Respondent Licon-Vitale has failed to adopt and enforce policies, procedures, and practices that adequately protect the Petitioners and other inmates under her care from actual or potential infection, illness, and death due to COVID-19.
JURISDICTION AND VENUE 23. Petitioners bring this action pursuant to 28 U.S.C. § 2241. 24. The Court has subject matter jurisdiction over this action pursuant to Article I, § 9, cl. 2 of the U.S. Constitution (Suspension Clause), the Fifth and the Eighth Amendments to the U.S. Constitution, 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 2241 (habeas corpus), and 28 U.S.C. § 1651 (All Writs Act). In addition, the Court has authority to grant injunctive relief pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201.
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25. Venue is proper in the Southern District of New York pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events and omissions giving rise to these claims occurred in this district.
EXHAUSTION OF ADMINISTRATIVE REMEDIES 26. Petitioners are excused from Section 2241’s prudential exhaustion requirements. While a petitioner is generally required to exhaust all administrative remedies before bringing a habeas petition, the exhaustion requirement does not apply where available remedies provide no genuine opportunity for adequate relief or where the administrative remedies would be futile. Here, both exceptions are met because the BOP’s Administrative Remedy Program does not provide for all measures of relief sought by Petitioners on behalf of themselves and other proposed Class members.
STATEMENT OF FACTS I. The COVID-19 Pandemic
27. The novel coronavirus that causes COVID-19 has led to an ongoing global pandemic. As of April 26, 2020, there were more than 2.9 million reported COVID-19 cases throughout the world, with more than 950,000 cases resulting in over 55,000 deaths in the United States. By August 1, 2020, global cases had risen to more than 17.4 million, U.S. cases to over 4.6 million, and U.S. deaths to over 154,000. As of January 11, 2021, global cases rose to more than 90.4 million, U.S. cases reached over 22.6 million, and U.S. deaths surpassed 375,000.
28. In April 2020, New York City was at the epicenter of the COVID-19 pandemic. As of April 26, 2020, there were more than 158,000 positive cases and more than 12,000 reported deaths from COVID-19 in New York City alone. Recent data show the virus is now spreading in New York City again. As of January 11, 2021, there had been almost 488,000 positive cases and over 25,000 confirmed deaths in New York City, while the percentage of positive tests hovers
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around rates not seen since May. While vaccines have begun to be distributed to essential workers, even under the most optimistic projections approved vaccines are months away from widespread distribution. The BOP has stated that initial allotments of the vaccine will be reserved for staff. No timetable has been provided for vaccination of inmates. There remains no cure for COVID-19.
29. Even when not fatal, the COVID-19 virus can cause severe damage to lung tissue, sometimes leading to a permanent loss of respiratory capacity, and can damage tissues in other vital organs, including the heart, liver, and kidneys.2
30. Certain categories of people are more likely to face illness or death as a result of COVID-19. This includes people over the age of 65 and people of any age who suffer from certain underlying medical conditions, including asthma, obesity, diabetes, lung disease, heart disease, chronic liver or kidney disease, and compromised immune systems (such as from cancer, HIV, or autoimmune disease).3 Treatment in these cases may require advanced medical support, including highly specialized equipment or treatments that are in limited supply, as well as care providers, respiratory therapists, and intensive care physicians.
31. Even for individuals who are not medically vulnerable, COVID-19 presents a serious risk to their health and lives and can require advanced medical support that the MCC does
2 Matt Stieb, There’s More Bad News on the Long-Term Effects of the Coronavirus, N.Y. Mag. (Apr. 16, 2020), https://nymag.com/intelligencer/2020/04/more-bad-news-on-the-long-termeffects-of-the-coronavirus.html; see also Jennifer Couzin-Frankel, From ‘brain fod’ to heart damage, COVID-19’s lingering problems alarm scientists, Science Mag. (July 31, 2020), https://www.sciencemag.org/news/2020/07/brain-fog-heart-damage-covid-19-s-lingeringproblems-alarm-scientists. 3 People at Increased Risk: People with Certain Medical Conditions, CDC (Dec. 29, 2020), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medicalconditions.html.
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not provide. For example, 22 percent of individuals requiring admission to a hospital intensive care unit due to COVID-19 do not have any underlying health conditions.4
32. COVID-19 spreads from person to person through respiratory droplets, close personal contact, and from contact with contaminated surfaces and objects. Social distancing, wearing a face mask, and vigilant hygiene, including frequent hand washing and sanitizing surfaces, are the only known effective measures for protection from COVID-19. Widespread testing, contact tracing, and quarantining can reduce the spread of the virus. II. COVID-19 Spreads Rapidly In Detention Facilities
33. Individuals who are confined in prisons, jails, and other detention centers are generally unable to engage in the social distancing required to mitigate the risk of COVID-19 transmission. Correctional facilities house large groups of people in close proximity, and move them in groups to eat, engage in recreation, receive medication, and shower. Inmates share toilets, sinks, showers, telephones, and computer terminals, almost always without the ability to disinfect between each use. A recent study by researchers at Stanford University found that because of these factors, among others, COVID-19 is spreading faster in U.S. jails and prisons than it did on the Princess Diamond cruise ship or at the pandemic’s outbreak in Wuhan, China.5
34. Epidemiological research shows that conditions of mass incarceration increase contagion rates of infectious disease, such as COVID-19, not only among inmates but also among
4 Preliminary Estimates of the Prevalence of Selected Underlying Health Conditions Among Patients with Coronavirus Disease 2019 — United States, February 12-March 28, 2020, CDC (Apr. 3, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6913e2.htm. 5 Edmund L. Andrews, Stanford researchers find COVID-19 spreads faster in American jails than on cruise ships (Sept. 24, 2020), https://news.stanford.edu/2020/09/24/covid-19-spreadamerican-prisons/.
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correctional staff and the community at large.6 Transmission in prisons and jails endangers the broader community because correctional facilities are not closed systems—as staff enter and leave the facility each day, they can carry the virus with them and risk spreading the disease to everyone they encounter on the outside. Like the inmates in the facilities where they work, correctional officers face an increased risk of COVID-19 exposure because they are less able to engage in social distancing. Indeed, as of April 25, 2020, the BOP had reported confirmed positive COVID-19 tests for 441 staff. By January 11, 2021, this number had ballooned to 5,530 federal inmates and 2,013 staff with confirmed positive tests, and an additional 36,602 inmates and 3,262 staff who had recovered from confirmed cases.7
35. Incarcerated people in New York City have tested positive for COVID-19 in large numbers. For example, as of April 25, 2020, of the nearly 4,000 people incarcerated by the New York City Department of Correction (“NYDOC”), 377 had confirmed cases of COVID-19. In addition, 956 NYDOC staff members had confirmed cases of COVID-19.8 As of January 1, 2021, there were still hundreds of current confirmed cases of COVID-19 in New York City’s correctional facilities, and hundreds more correctional staff members who had tested positive in the intervening months.9
6 Sandhya Kajeepeta & Seth J. Prins, Why Coronavirus in Jails Should Concern All of Us, THE APPEAL (Mar. 24, 2020), https://theappeal.org/coronavirus-jails-public-health/. 7 COVID-19 Cases, BOP, https://www.bop.gov/coronavirus (January 11, 2021). 8 New York City Board of Correction Daily Covid-19 Update, N.Y. Board of Corr. (Apr. 25, 2020), https://www1.nyc.gov/assets/boc/downloads/pdf/News/covid19/Public_Reports/Board%20of%20Correction%20Daily%20Public%20Report_4_25_2020.pdf. 9 New York City Board of Correction Weekly COVID-19 Update, Week of December 26 January 1, 2021, N.Y. Board of Corr. (January 1, 2021), https://www1.nyc.gov/assets/boc/downloads/pdf/covid-19/BOC-Weekly-Report-12-26-20-0101-21.pdf
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III. Correctional Institutions Have Ample Tools To Protect Incarcerated Persons From Outbreaks Of COVID-19 Within Their Facilities 36. Incarcerated people must rely on detention facilities and the people who run them
to minimize risks from this potentially fatal virus. Those who operate these facilities thus are entrusted with a special responsibility and legal obligation to provide for the health, safety, and well-being of the detainees in their charge.
37. There is established guidance on how correctional institutions should address and mitigate the risks of COVID-19. By March 2020, the CDC had issued “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities,” which was last updated in December 2020. This Guidance has emphasized the need for (a) enhanced cleaning and disinfecting practices of shared areas and equipment several times daily; (b) provision of free hygiene products such as soap and tissues, as well as alcohol-based hand sanitizer, if possible; (c) social distancing; (d) consistent use of personal protective equipment by staff and inmates; (e) creation and execution of a plan to ensure COVID-19 evaluation and testing; (f) medical isolation of confirmed and suspected cases; (g) identifying and quarantining of persons in contact with those confirmed and suspected cases; and (h) special protection for at-risk individuals.10
38. A World Health Organization report on COVID-19 prevention in prisons and other places of detention recommended that “physical distancing should be observed”; “wall-mounted liquid soap dispensers, paper towels and foot-operated pedal bins should be made available”;
10 See Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, CDC, 2 (last updated Dec. 31, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidancecorrectional-detention.html.
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medical masks should be provided and not be reused; surfaces should be regularly disinfected; and appropriate action should be taken for confirmed cases, “including transfer to specialist facilities for respiratory isolation.”11
39. Correctional health experts have also recommended the release from custody of inmates most vulnerable to COVID-19. Release protects the inmates with the greatest vulnerability to COVID-19 from transmission of the virus. Reducing the inmate population also allows for greater risk mitigation for all people held or working in a prison, jail, or detention center.
40. Both the U.S. Congress and the U.S. Department of Justice have recognized that release of vulnerable inmates and reduction of inmate populations is essential to protecting against COVID-19. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) permits the Director of the BOP to increase the amount of time an inmate can serve a prison sentence through home confinement if the Attorney General finds that emergency conditions will materially affect the functioning of the BOP. In an April 3, 2020 memorandum, Attorney General Barr made that finding and directed the BOP to “immediately review” for home confinement “all inmates who have COVID-19 risk factors, as established by the CDC.”12 In a prior, March 26, 2020 memorandum, Attorney General Barr also directed the BOP to “prioritize the use of your various
11 Preparedness, Prevention, and Control of COVID-19 in Prisons and Other Places of Detention, WHO Regional Office for Europe, 1, 9, 19-23 (Mar. 15, 2020), http://www.euro.who.int/__data/assets/pdf_file/0019/434026/Preparedness-prevention-andcontrol-of-COVID-19-in-prisons.pdf. 12 Memorandum For Director of Bureau of Prisons re Increasing Use of Home Confinement at Institutions Most Affected by COVID-19, Office of the Attorney General, Washington, D.C. (Apr. 3, 2020), https://www.justice.gov/file/1266661/download.
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statutory authorities to grant home confinement for inmates seeking transfer in connection with the ongoing COVID-19 pandemic.”13
41. The BOP itself has emphasized the need for testing to combat the COVID-19 virus. On April 23, 2020, the BOP announced the importance of expanded testing beyond symptomatic inmates to identify asymptomatic inmates in order to control the spread of COVID-19.14
42. Other state and federal correctional facilities have taken steps towards reducing inmate populations through release of vulnerable inmates and improving health and safety conditions for those incarcerated. For example, on March 17, 2020, the New York City Board of Correction issued a statement calling on the City to release certain people from criminal custody, prioritizing people over 50, with underlying health conditions, detained for administrative reasons, and/or with sentences of one year or less. In response, as of April 21, 2020, New York City had released over 1,500 inmates. By September, the number of state and county prison inmates in New York state was roughly 37,000, the lowest level since 1986.15 Similarly, by late April 2020, Cook County Jail in Chicago had released 1,300 inmates, reducing its inmate population by almost 25 percent. Additionally, according to the BOP, since Attorney General Barr’s March 26, 2020 directive, approximately 8,000 inmates in the custody of the BOP have been placed in home confinement. The BOP has twice emptied (for periods of over 30 days) the minimum security
13 Memorandum For Director of Bureau of Prisons re Prioritization of Home Confinement As Appropriate in Response to COVID-19 Pandemic, Office of the Attorney General, Washington, D.C. (Mar. 26, 2020), https://www.bop.gov/coronavirus/docs/bop_memo_home_confinement.pdf. 14 Kevin Johnson, Federal Prison System Expands Virus Testing to Find Hidden Asymptomatic Infections, USA TODAY (Apr. 23, 2020), https://www.usatoday.com/story/news/politics/ 2020/04/23/coronavirus-federal-prisons-expand-testing-asymptomatic-inmates/3015287001/. 15 NY Urged to Make Fixes To Avoid Another COVID Surge in Prisons and Jails, NBC (Sept. 22, 2020), https://www.nbcnewyork.com/news/coronavirus/ny-urged-to-make-fixes-to-avoidanother-covid-surge-in-prisons-and-jails/2631126/.
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facility at FCI Otisville, New York of all inmates through a combination of furlough, release to home confinement, or transfer to other facilities. IV. The MCC Has Failed to Take Appropriate Measures to Protect Inmates from
COVID-19 43. The MCC is a detention facility in lower Manhattan where a significant portion of the inmate population, most of whom are awaiting trial, is at high risk of contracting COVID-19. Designed for a maximum population of 474, the MCC has at times during the pandemic housed over 700 inmates, or nearly 50 percent more than its intended capacity, since the outbreak of the pandemic. With 587 inmates as of January 11, 2021, the MCC is still operating at more than roughly 25 percent of its intended capacity. At one point, the MCC itself designated as many as 205 of its inmates, or 29 percent of the inmate population at the time, as particularly vulnerable to COVID-19 based on CDC criteria. 44. The MCC has failed to adequately provide for the health and safety of its inmate population, even before the COVID-19 crisis. 45. For example, on April 12, 2019, feces and urine flooded the women’s unit at the MCC from pipes overhead, and toilets began to overflow into cells. Women were locked in with raw sewage up to their ankles and feces in their hair. Correctional officers present in the unit instructed the women to clean up the sewage themselves. No effort was made to remove the women from the unit during the clean-up, to provide sufficient safety equipment, or to identify women for whom the raw sewage might pose an increased health concern. Immediately before a scheduled inspection on May 23, 2019, women were made to clean the unit, with threats of punishment if they refused. Women were told to scrub the unit with bleach to remove mold, sweep up rodent droppings and remove rat traps from sight, clean all the air vents, and remove all buckets that had been placed under leaks from the ceiling and light fixtures.
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46. The MCC has also struggled to protect even its highest profile inmates. On August 10, 2019, inmate Jeffrey Epstein, who had been removed from suicide watch just two weeks before, was found dead in his cell. In response, Attorney General Barr decried the MCC’s “failure” to adequately secure its facility, stating there were “serious irregularities at this facility that are deeply concerning” and describing it as a “perfect storm of screw-ups.” The failure of the MCC was so serious that two correctional officers assigned to the MCC’s SHU were indicted for their role in the affair, with Geoffrey Berman, the U.S. Attorney for the Southern District of New York, stating that the officers had failed in their “duty to ensure the safety and security of federal inmates in their care.”
47. Additionally, from February 27 to March 6, 2020, the MCC was on total lockdown, with no social or legal visitors permitted and all inmates locked in their cells, as staff searched for a loaded weapon that a correctional officer allegedly brought into the MCC. During this time, as the spread of COVID-19 was making global headlines, staff were throwing away or withholding personal items, including prescription medications; inmates with acute medical conditions were being given little or no care; menstruating women were not being provided a change of underwear or any sanitary pads; and inmates were going without toilet paper for over a week while locked in two-person cells with open toilets. Inmates remained locked in their cells until at least March 10, 2020, when the facility fully re-opened.
48. These underlying and systemic institutional failings have been on full display during the spread of COVID-19 within the MCC. As described in detail below, the MCC failed to promptly reduce the inmate population even when directed by the head of the Department of Justice to do so, and has failed to implement adequate health care measures to protect individuals at the facility from COVID-19.
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A. Failure to Reduce Overcrowding Through Release or Transfer of Vulnerable Inmates
49. The MCC has failed to act quickly or robustly on existing statutory authority and the express direction of Attorney General Barr to release inmates who are particularly vulnerable to COVID-19. The MCC is required, pursuant to Attorney General Barr’s directives of March 26 and April 3, 2020, to immediately review all inmates with COVID-19 risk factors and authorize the release of inmates at any stage of their sentence if they are particularly medically vulnerable, pose a low security risk, and have a safe residence to be released to.
50. Despite these directives, and the overcrowded conditions at the facility at the time, Petitioners are unaware of a single MCC inmate released under this authority for nearly a month following Attorney General Barr’s second directive on the issue. Indeed, as of May 1, 2020, the MCC had not even reviewed for home confinement eligibility the 20 sentenced inmates designated to the facility that it deemed at-risk to COVID-19. Similarly, as of late April, only two of the 16 vulnerable individuals who were identified by the Federal Defenders to the MCC as eligible for home confinement under pre-existing statutory authority because they were nearing the end of their sentences, had been released due to MCC action.
51. Instead of quickly implementing Attorney General Barr’s directives in early April, when the virus was spreading throughout the packed facility, the MCC reassigned the personnel responsible for evaluating inmates for home confinement. Predictably, a significant backlog resulted with respect to both evaluating inmates for home confinement and responding to compassionate release requests, which took weeks to resolve.
52. The MCC has likewise not acted promptly to transfer inmates serving longer sentences to less crowded facilities capable of providing adequate medical care. For example, former inmate Sharon Hatcher was in poor health and suffering from multiple conditions that put
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her at high risk for COVID-19 complications, including a compromised immune system and chronic respiratory issues. Although she was sentenced to 52 months’ imprisonment on March 4, 2020, the MCC did not act to transfer her to a long-term correctional facility capable of meeting her medical needs. Instead, she was transferred, along with all other female inmates, to the Metropolitan Detention Center (MDC) in Brooklyn in October.
53. Finally, the MCC has failed to use its furlough authority to address COVID-19. As of late May 2020, months after the onset of the crisis, relevant personnel at the MCC could not recall having considered even a single furlough request, despite the BOP’s central office making clear that the COVID-19 pandemic was an urgent situation justifying the MCC’s use of its emergency furlough authority.
B. Failure to Allow for Social Distancing 54. For months after the onset of the COVID-19 pandemic, the MCC’s failure to release or transfer inmates resulted in continued overcrowding. 55. At a time when social distancing was imperative for public health (as it remains today), as many as 150 inmates were confined in dormitory style settings with about 26 people sharing a sleeping space where beds are spaced only 3 to 5 feet apart. These inmates have shared toilets, sinks, and showers, without disinfection between each use. 56. The remainder of inmates at the MCC, aside from a small number in solitary confinement in the SHU or in cells on the third floor, share small two-person cells originally designed for one person, with a shared open toilet and sink. When they have been allowed out of their cells for brief periods to use the telephones, computers, and showers in groups, they have necessarily been in close proximity to each other and to unit staff (who come and go from the facility each day).
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57. These conditions have made it effectively impossible for inmates to maintain a sixfoot distance from others.
58. The MCC’s failure to promptly address overcrowded conditions, especially in the open dormitories of 11 South, all but ensured that the virus would spread rapidly. Predictably, it ultimately did, starting in 11 South and then proliferating throughout the facility. Of the five inmates who had tested positive for COVID-19 at the MCC by April 28, 2020, three were housed in open dormitories and two were housed in shared cells while they were symptomatic. Many more inmates from the jam-packed open dormitories of 11 South, who went untested and by-andlarge untreated, experienced severe symptoms characteristic of COVID-19.
C. Failure to Maintain Hygiene 59. The MCC has not provided inmates with the basic necessities required to follow recommended hygiene practices designed to minimize the risk of contracting COVID-19. 60. Since the beginning of the COVID-19 pandemic, many inmates have lacked regular access to soap and tissues, or have been charged for these medically necessary supplies through their commissary accounts. This is despite CDC guidance that hygiene products, such as soap and tissues, should be provided to inmates free of charge. Some inmates have been given paper or thin cloth masks and have been told to reuse them for extended periods. Hand sanitizer and gloves have not been available to inmates. According to some inmates, disinfectant continues to be in short supply and distributed sparingly. 61. Toilets, sinks, showers, phones, and computer terminals have been and continue to be shared by many inmates, without consistent disinfection between each use.
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62. Cadre inmates (inmates who work throughout the building) have at various times continued to perform responsibilities, including cleaning the facility and preparing and serving food, even if they had COVID-19 symptoms.
63. Even as COVID-19 spreads though the facility, inmates, rather than professional cleaners, have been and remain responsible for cleaning MCC facilities and often have not been given appropriate supplies. Inmate orderlies have continued to clean the open dormitories and common areas, including infected quarantined units. After cleaning these units, inmate orderlies have returned to their own housing tiers without first being provided a change of clothes or an opportunity to disinfect themselves.
64. For some time after the onset of the pandemic, staff, some of whom worked with inmates in quarantine or medical isolation, were not provided sufficient, adequate masks, such as N-95 masks. Still today, some staff members do not wear masks when moving throughout the facility, or wear them improperly, so they cover only their mouths.
D. Failure to Provide Adequate Screening, Testing, and Tracing 65. As of April 28, 2020, the MCC, a facility that then housed approximately 700 inmates, had tested only seven inmates for COVID-19, five of whom were positive. This paltry number of tests almost certainly resulted in a dangerous undercount, leaving the MCC with no reliable indication of the actual prevalence of COVID-19 within the facility. 66. Data from other correctional facilities further suggests that the MCC’s testing for COVID-19 was shockingly inadequate and that its reported data on inmates with COVID-19 was significantly understated. For example, as of April 28, 2020, the NYDOC and the privately-run Queens Detention Facility (“QDF”) had tested far more inmates than the MCC, on both an absolute and percentage basis. Unsurprisingly, this additional testing revealed that a significant number of
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QDF and NYDOC inmates had COVID-19—38 out of about 222 at QDF, and 377 out of approximately 4,000 at NYDOC.16 There is no reason to believe that these facilities, which generally house and are staffed by individuals from the same geographic community as the MCC, would have had significantly different rates of COVID-19 infection than the MCC.
67. In addition, the MCC reported seven staff with positive test results on April 3, 2020, 17 staff positives on April 14, and 33 staff positives on April 23. This further suggests that as of April 28, 2020, the prevalence of COVID-19 among the MCC’s inmate population was increasing in a similar fashion and was far larger than what the MCC had reported.
68. As of April 23, 2020, one month after the MCC’s first inmate tested positive for COVID-19, the MCC did not have any COVID-19 test kits available, making widespread testing an impossibility. Six out of the seven tests conducted as of April 28, 2020, required transporting the inmate to a hospital.
69. Predictably, as the MCC began to conduct increased testing over the summer, it discovered that more inmates were positive for COVID-19. By August 31, 2020, 31 additional inmates had tested positive. Recently, the MCC has experienced another wave of infections, with 38 inmates and six staff members testing positive since mid-November.
70. Since the beginning of the COVID-19 pandemic, the MCC also has failed to adequately screen staff entering the facility on a daily basis. While staff have been checked for elevated temperatures, they have not been asked if they have come into contact with a person who has tested positive for COVID-19 within the last 14 days. Staff who are exposed to inmates or
16 Letter from QDF Facility Administrator William Zerillo to Chief Judge Roslynn R. Mauskopf (Apr. 23, 2020), https://www.nyed.uscourts.gov/pub/bop/QDF_20200423_043331.pdf; Board of Correction Daily Covid-19 Update, N.Y. Dep’t. of Corr. (Apr. 25, 2020), https://www1.nyc.gov/assets/boc/downloads/pdf/News/covid19/Public_Reports/Board%20of%20Correction%20Daily%20Public%20Report_4_25_2020.pdf.
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other staff who have tested positive for COVID-19 have been asked to return to work at the facility after only 48 hours.
71. The MCC staff themselves recognized these dangers, joining an OSHA complaint alleging “imminent danger” to the staff based on, among other things, the requirement that staff report to work 48 hours following probable COVID-19 exposure and the failure to provide N-95 masks to the staff.
72. In addition, the MCC has failed to adequately screen inmates for COVID-19. The MCC has acknowledged that at the outset of the pandemic, its COVID-19 screenings for inmates were insufficient, as they consisted only of temperature checks and failed to include symptom screening. This deficiency continues, as inmates, including several Petitioners, report that they are not questioned about COVID-19 symptoms during screenings—if screenings occur at all. Inmates report going weeks, or even months, without a temperature check or screening, and that they have not received screenings at the frequency required by MCC policies—twice a day for isolated inmates and once a day for quarantined inmates.
73. The MCC has not conducted systematic contact tracing of staff members or inmates who have tested positive for COVID-19 to identify and isolate inmates with whom they have come into contact. At present, contact tracing after an inmate tests positive seems to consist only of sending all MCC staff a memorandum advising them of the positive test and posting this memorandum on an internal electronic system to which all inmates have access. The MCC does not alert inmates when staff members test positive.
74. The MCC’s response to inmates seeking medical care has remained inadequate since the outset of the COVID-19 pandemic. On August 5, 2020, the MCC itself acknowledged that inmates’ electronic requests for medical care were not diligently reviewed by medical staff.
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This resulted in inmates, including those reporting symptoms consistent with COVID-19, going weeks or even months without receiving medical care in response to a sick call request. This remains the case today, as inmates, including some Petitioners, report months-long waits for responses to sick call requests or doctor-ordered medical tests.
E. Failure to Adequately Isolate and Treat Those Suffering from COVID-19 75. As of April 28, 2020, the MCC had identified 205 inmates as particularly vulnerable to COVID-19 based on CDC criteria, but had not adequately provided for their medical needs. The MCC reported on March 20, 2020 that it was keeping many of these at-risk inmates in open dormitory units, comprised of a number of dormitories where 26 inmates sleep in one room in densely packed bunk beds and share a single toilet and one or two sinks. In September 2020, the Respondent admitted that, although the BOP provides it with a list of potentially vulnerable inmates, the MCC refuses to rely on that list to aid its response to COVID-19, including with regard to these inmates' housing, medical treatment, or evaluation for potential release. 76. The MCC’s first COVID-19 positive inmate, whose test result was reported by the MCC on March 23, 2020, was being housed on 11 South, an open dormitory unit for individuals vulnerable to COVID-19. Further, this inmate was a member of the cadre and therefore moved throughout the building, with exposure to many other inmates, prior to testing positive. 77. Rather than adopting an isolation or social distancing protocol for the unit, the MCC placed the entire unit in “quarantine,” thereby keeping inmates from leaving the unit but offering no protection from the spread of COVID-19 within the group or to the staff working on that unit. The MCC failed to sanitize the unit after the inmate tested positive, and instead gave the inmates cleaning supplies—but not masks—to clean the unit themselves.
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78. During this quarantine, many inmates in 11 South had COVID-19 symptoms, including coughing, fever, chills, body aches, and loss of sense of taste and smell. Medical treatment primarily consisted of temperature checks and Tylenol. For the vast majority of these individuals, COVID-19 tests were not administered.
79. James Woodson was an inmate in 11 South. In March 2020, an inmate in his dormitory developed COVID-19 symptoms, including a high fever, vomiting, and sweating. Despite inmates alerting the staff, this individual was not removed until the next morning, and subsequently tested positive for COVID-19. At least two other individuals were subsequently removed from Mr. Woodson’s dormitory and placed into medical isolation. The unit was not sanitized after these inmates became sick.
80. As inmates in 11 South and throughout the MCC experienced symptoms associated with COVID-19 in March and April 2020, the MCC implemented a flawed testing and isolation protocol. As of April 28, 2020, staff removed only those individuals who had an elevated temperature from their open dormitories and shared cells. However, as health experts had noted at the time, temperature checks are insufficient for identifying people who are suffering from COVID-19. In one unit, rather than adopting appropriate testing, tracing, and isolation practices, correctional staff covered certain tiers of cells housing a number of symptomatic inmates with plastic.
81. Petitioner Fernandez-Rodriguez, who was housed on the seventh floor, shared his cell with another inmate and did not receive a COVID-19 test in April, despite having a fever and a cough. Mr. Fernandez-Rodriguez did not receive any medical care (aside from temperature checks) or his prescribed asthma medication at that time.
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82. In some cases, the MCC’s failure to provide proper medical care has also harmed the treatment of inmates’ underlying health conditions. For example, in March and April 2020, James Woodson’s asthma was not adequately treated by the rescue inhalers he was provided by the MCC. After he suffered a serious asthma attack and endured persistent breathing difficulties, Mr. Woodson repeatedly reported his condition to the staff. The staff’s only response was that Mr. Woodson should place a sick call; however, despite numerous sick call requests, he was not seen by a doctor. Instead, the staff continued to give him rescue inhalers that were insufficient to manage his condition.
83. In addition to failing to adequately identify symptomatic inmates, the MCC has failed to provide adequate medical resources to care for them. Inmates who do contract COVID19 thus are at higher risk of serious illness or death than if they were in the community.
84. Unlike many other federal prisons and Rikers Island, the MCC has no separate medical unit or facility for inmates. Instead, some individuals who develop high fevers, and those who are in such distress that they must be taken to the hospital, where they test positive for COVID-19, have been placed in solitary confinement and have received, at most, limited medical treatment. Those inmates that are symptomatic but do not develop high fevers have been left in their units, with little or no medical care.
85. Medically-isolated inmates have been placed in solitary confinement in cells on the third floor or in the SHU, including in Tier G, which previously housed defendants charged with participating in the 9/11 terrorist attacks. Each of the cells in this tier has a single concrete “bed,” an open toilet, and a sink. Despite being months into the COVID-19 crisis, the MCC continues to place symptomatic or positive inmates such as Petitioner Redhwan Alzanam into the SHU, including Tier G.
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86. Others, like Rober Galvez-Chimbo, have been placed in “isolation” with a cellmate. Despite repeated requests for medical attention, it took two weeks for Mr. Galvez-Chimbo to be seen by a doctor after he began experiencing symptoms of fever, loss of sense of smell and taste, severe coughing, loss of appetite, body aches, and chills. His cellmate was also experiencing similar symptoms. On or about April 8, 2020, Mr. Galvez-Chimbo and his cellmate were moved to medical isolation on the third floor, where they continued to share a cell. Mr. Galvez-Chimbo received antibiotics (which do not treat this viral disease) and Tylenol, and was never tested for COVID-19. Mr. Galvez-Chimbo and his cellmate were subsequently released back to the general population on 7 North.
87. The MCC’s grossly inadequate treatment of its inmate population exacerbates the spread of COVID-19 at the MCC both because it impedes recovery and because it makes symptomatic individuals reluctant to speak up. By placing inmates in need of medical isolation in units normally designed for punishment, the MCC has disincentivized inmates from reporting symptoms, because such reporting could result in placement in solitary confinement with even less access to staff and limited ability to call their families or lawyers.
88. The MCC has been unable to provide the level of medical care that people who contract COVID-19 often require. As of April 28, 2020, only two doctors were available at the MCC to care for its approximately 700 inmates. Treatment provided by the MCC to symptomatic and COVID-19 positive individuals has generally been limited to twice-daily temperature readings and Tylenol. In certain cases, the MCC has also failed to provide vulnerable inmates with necessary prescription medications.
89. The MCC’s isolation practices have continued to be grossly inadequate. These deficiencies include, but are not limited to, the following failures: (i) inmates have been removed
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from isolation before the time required by the CDC as well as BOP and MCC policy; (ii) despite acquiring the capability to perform rapid tests, the MCC has failed to consistently test inmates before their release from isolation; (iii) instead of the regular and substantive symptom checks required by CDC, MCC, and BOP policy, isolated inmates have received only cursory and sporadic evaluations; and (iv) correctional officers have regularly traveled between isolation/quarantine units and other units, defeating the core purpose of quarantine and isolation, a failure that is exacerbated by the correctional staff’s inconsistent use of PPE. V. The MCC’s Failure To Respond To The COVID-19 Pandemic Occurred Despite
Ample Warning and Opportunity to Mitigate 90. As early as March 4, 2020, the Federal Defenders attempted to address, with Respondent and other MCC staff, the serious health risks posed by COVID-19 to individuals confined in the facility. At that time, the MCC had not yet prepared any COVID-19 response plan. 91. In the following days, the Federal Defenders continued to communicate to the MCC the importance of procedures to curb the spread of COVID-19, including implementing screening and testing protocols, ensuring thorough sanitization of the facility, providing all staff and inmates with 24-hour access to hot water and soap, and developing a plan for isolation and medical care for medically vulnerable inmates as well as any individuals displaying COVID-19 symptoms. 92. On March 12, 2020, Respondent stated that the MCC did not anticipate having a COVID-19 testing protocol, that the facility was housing medically at-risk inmates together in open dormitory units, that it did not know how many at-risk inmates it had, and that it did not know where within the facility it would be able to isolate symptomatic or COVID-19 positive inmates. 93. On March 20, 2020, the Second Circuit Court of Appeals acknowledged the “grave and enduring” risk posed by COVID-19 in the correctional context. Fed. Defs. of New York Inc.
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v. Fed. Bureau of Prisons, 954 F.3d 118, 135 (2d Cir. 2020). As of that same date, the MCC still had not determined how many at-risk inmates it had, had not procured tests for COVID-19, had only 30 N95 and 100 surgical masks for all staff and over 700 inmates, had no alcohol-based sanitizer, and had conducted doctors’ visits to each unit only once a week.
94. As of April 24, 2020, the week before the original petition was filed in this case, the MCC had still not procured tests for COVID-19; had not consistently provided inmates with basic necessities, such as soap, gloves, and masks; had not undertaken contact tracing of staff and inmates who have tested positive; and had not addressed its serious shortage of medical staff and equipment necessary to prevent or address a more serious COVID-19 outbreak. VI. The MCC Continued To Mishandle Its COVID-19 Response Even After This Action
Was Filed 95. Throughout the pendency of this litigation, the MCC has not adequately implemented many basic health and safety measures. 96. Even after the original petition was filed on April 28, 2020, the MCC failed to act promptly to remedy its grossly inadequate initial response to the pandemic. Despite claims that it had corrected its past failings, the MCC instead continued to fall short in myriad ways. For example, the MCC still lacked a functioning sick-call system. Similarly, even after the MCC received the ability to perform rapid tests in the late spring, it was slow to implement any systematic testing protocol or to ramp up testing rapidly. The MCC also continued to perform irregular and superficial symptom screening, and seemingly failed to conduct any contact tracing at all, problems that still seem to exist. In addition, the MCC neglected to isolate obviously symptomatic inmates and failed to distribute adequate supplies of soap and PPE. 97. The MCC continued to mishandle its COVID-19 response throughout the summer as a second wave of infections roiled the facility. Over the summer, the number of positive inmates
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within the facility increased by over 600 percent—from five to 36. During this time, responses to sick calls continued to be inexcusably slow, with the Respondent herself admitting that “electronic cop outs have not been diligently reviewed.” Likewise, inmates reported numerous issues, including: (1) the MCC’s failure to comply with its own isolation and quarantine policies, including isolated inmates being returned to general housing without negative tests, medical exams, or even the expiration of a 14-day quarantine period; (2) inmates continued to be isolated in punitive housing, i.e., the SHU; and (3) temperature and symptom checks were intermittent and superficial, when conducted at all, even for inmates in isolation or quarantined units.
98. Evidence of the continued mismanagement of the COVID-19 pandemic remains evident today. Over the past months, the MCC has benefitted from a barrage of warnings—from scientists, the media, and the government—that infections of COVID-19 would surge as winter began. Notwithstanding these clear calls to action, the MCC was caught flat-footed and unprepared, yet again. Despite the recent surge in transmission within the facility—38 inmates and six staff members have tested positive since mid-November—inmates continue to report inexcusable failings at the MCC. For example, MCC staff still do not consistently wear their PPE even as they move between quarantined and non-quarantined units, symptom and temperature screenings remain sporadic, and common areas—including telephones and computers—are still not uniformly sanitized between uses.
HABEAS AND CLASS ACTION ALLEGATIONS 99. Section 2241 authorizes courts to grant habeas corpus relief where, inter alia, a person “is in custody in violation of the Constitution … of the United States,” 28 U.S.C. § 2241(c)(3), including due to the conditions of confinement. 100. Actions under Section 2241 may include a “multi-party proceeding similar to the class action authorized by the Rules of Civil Procedure.” United States ex rel. Sero v. Preiser, 506
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F.2d 1115, 1125 (2d Cir. 1974). Petitioners accordingly bring this action on behalf of a proposed class of all current and future detainees in custody at the MCC during the course of the COVID19 pandemic (the “Class”). (Petitioners reserve the right to amend the Class definition or establish sub-classes if further investigation or information reveals the Class should be expanded or otherwise modified.)
101. Numerosity: The proposed Class includes approximately 587 people and is therefore so numerous that joinder of all proposed Class members is impracticable. Further, absent class certification, the proposed Class members would face a series of unreasonable barriers in accessing the relief sought, as they have limited ability to obtain legal representation and pursue litigation, a large portion of the proposed Class has limited educational backgrounds, and a significant percentage of the proposed Class suffers from physical or mental impairments.
102. Commonality: Common questions of law and fact exist as to all proposed Class members and predominate over questions that affect only the individual members. These common questions of fact and law include, but are not limited to: (1) whether Respondent’s policies, procedures and practices prior to and during the COVID-19 crisis exposed members of the proposed Class to a substantial risk of serious harm; (2) whether the Respondent knew of and disregarded a substantial risk of serious harm to the safety and health of the proposed Class; (3) whether the Respondent acted with deliberate indifference to members of the proposed Class with respect to their constitutional right to adequate medical care; (4) whether the conditions of confinement described in this Petition amount to violations of the Fifth and Eighth Amendments to the U.S. Constitution; and (5) what relief should be awarded to redress all such violations.
103. Typicality: Petitioners’ claims are typical of those of the proposed Class as a whole, because each Petitioner is currently in Respondent’s custody and Petitioners’ claims arise from the
30

Case 1:20-cv-03315-ER Document 118 Filed 01/13/21 Page 31 of 35
same policies, procedures, conditions, and practices (or lack thereof) that provide the basis for all proposed Class members’ claims.
104. Adequacy: Petitioners will fairly and adequately protect the interests of the proposed Class. The interests of the proposed Class representatives are consistent with those of the proposed Class members. In addition, counsel for Petitioners are experienced in class action and civil rights litigation. Further, counsel for Petitioners know of no conflicts of interest among the proposed Class members, or between the attorneys and the proposed Class members, that would affect this litigation.
CAUSES OF ACTION FIRST CLAIM FOR RELIEF (FIFTH AMENDMENT DUE PROCESS) 105. Petitioners incorporate by reference each and every allegation contained in the preceding paragraphs as if set forth fully herein. 106. The Fifth Amendment to the U.S. Constitution guarantees pretrial detainees the right to be free from conditions of confinement that pose an excessive risk to their health or safety. 107. Respondent has subjected Petitioners and Class members to conditions of confinement that pose an excessive risk to their health and safety. 108. Respondent has acted with deliberate indifference to the Fifth Amendment right of Petitioners and Class members to be free from conditions of confinement that pose an excessive risk to their health and safety, by recklessly failing to act with reasonable care to mitigate the risk of COVID-19 to Petitioners and Class members even though Respondent knew or should have known about the risks of COVID-19 to them. 109. Respondent has subjected Petitioners and Class members to conditions of confinement that increase their risk of contracting COVID-19, even though Respondent knew or
31

Case 1:20-cv-03315-ER Document 118 Filed 01/13/21 Page 32 of 35
should have known that the conditions at the MCC exposed Petitioners and Class members to a substantial and unreasonable risk of illness and death.
110. As a result of Respondent’s unconstitutional actions and inaction, Petitioners and Class members are suffering, and will (unless remedied) continue to suffer, irreparable injury.
SECOND CLAIM FOR RELIEF (EIGHTH AMENDMENT CRUEL AND UNUSUAL PUNISHMENT) 111. The Eighth Amendment to the U.S. Constitution protects convicted persons from the infliction of cruel and unusual punishment. 112. Society does not tolerate the risk of exposure to COVID-19 to which Respondent’s policies, procedures, and practices (or lack thereof) have subjected Petitioners and the proposed Class members. It violates contemporary standards of decency to expose them unwillingly to this risk. 113. Respondent knows that Petitioners and Class members suffer a substantial and unreasonable risk of serious harm to their health and safety due to the presence of, and spread of, COVID-19 within the MCC. 114. Respondent has acted with deliberate indifference towards Petitioners and Class members by knowingly subjecting them to conditions of confinement that increase their risk of contracting COVID-19, a disease for which there is no known vaccine or cure. 115. Respondent’s detention of Petitioners and Class members in the above-described conditions of confinement has failed to protect them adequately from the risks of contracting COVID-19. 116. As a result of Respondent’s unconstitutional actions and inaction, Petitioners and Class members are suffering, and will (unless remedied) continue to suffer, irreparable injury.
32

Case 1:20-cv-03315-ER Document 118 Filed 01/13/21 Page 33 of 35
PRAYER FOR RELIEF
WHEREFORE, Petitioners seek orders:
(i) granting the Amended Petition;
(ii) certifying the Class;
(iii) granting a permanent injunction directing Respondent to take all
appropriate actions in order to ensure the health and safety of Petitioners
and Class members with respect to COVID-19, including but not limited to:
a. increased inmate health monitoring and implementation of contact tracing;
b. medically appropriate quarantine, isolation, and treatment measures for those suffering from, who have tested positive for, who are experiencing one or more symptoms consistent with, who are presumptively positive for, or who have come into contact with an individual determined to have, COVID-19;
c. improved cleaning of the facility, by professional cleaners on a regular basis, and distribution (free of charge) of basic hygiene necessities to all inmates;
d. release from MCC confinement, with such conditions as may be appropriate, of Petitioners and Class members (i) who are eligible for release pursuant to the BOP’s statutory authority or directives issued by Attorney General Barr; or (ii) for whom release (either temporary or permanent) is otherwise reasonable under the extraordinary circumstances of the COVID-19 pandemic; and
e. for those inmates who cannot be released under (d) above and who are vulnerable to COVID-19 based on CDC criteria, prompt transfer from the MCC to another BOP facility where appropriate preventive measures may be taken and adequate health care can be provided, until such time as the MCC can improve conditions sufficiently to take such measures and provide such care itself;
33

Case 1:20-cv-03315-ER Document 118 Filed 01/13/21 Page 34 of 35 (iv) appointing an independent monitor to oversee Respondent’s compliance with this Court’s orders; and (v) granting such other and further relief as this Court may deem just and proper.
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Case 1:20-cv-03315-ER Document 118 Filed 01/13/21 Page 35 of 35

Dated: January 13, 2021 New York, New York

COVINGTON & BURLING LLP
By: s/Arlo Devlin-Brown Arlo Devlin-Brown
Arlo Devlin-Brown Andrew A. Ruffino Alan Vinegrad Timothy C. Sprague Ishita Kala COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 T: (212) 841-1000 E: adevlin-brown@cov.com
aruffino@cov.com avinegrad@cov.com tsprague@cov.com ikala@cov.com
Attorneys for Petitioners

35

 
 CLOSED,HABEAS,ECF
U.S. District Court Southern District of New York (Foley Square - Suspense)
CIVIL DOCKET FOR CASE #: 2:20-cv-03315-ER

Fernandez-Rodriguez et al v. Licon-Vitale Assigned to: Judge Edgardo Ramos Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)

Date Filed: 04/28/2020 Date Terminated: 07/19/2021 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question

Petitioner
Cesar Fernandez-Rodriguez individually and on behalf of all others similarly situated

represented by Alan Mark Vinegrad Covington & Burling LLP (NYC) 620 Eighth Avenue New York, NY 10018-1405 (212) 841-1000 Fax: (212) 841-1010 Email: avinegrad@cov.com ATTORNEY TO BE NOTICED

Andrew Arthur Ruffino Covington & Burling LLP (NYC) 620 Eighth Avenue New York, NY 10018-1405 212-841-1000 Fax: 212-841-1010 Email: aruffino@cov.com ATTORNEY TO BE NOTICED

Arlo Devlin-Brown Covington & Burling LLP 620 8th Avenue, 41st Floor New York, NY 10018 212-841-1046 Fax: 646-441-9046 Email: adevlin-brown@cov.com ATTORNEY TO BE NOTICED

Petitioner

Rober Galvez-Chimbo individually and on behalf of all others similarly situated
Petitioner Sharon Hatcher individually and on behalf of all others similarly situated
Petitioner Jonathan Medina individually and on behalf of all others similarly situated TERMINATED: 05/18/2020
Petitioner James Woodson individually and on behalf of all others similarly situated

represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED
Andrew Arthur Ruffino (See above for address) ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED
Andrew Arthur Ruffino (See above for address) ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED
Andrew Arthur Ruffino (See above for address) ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Alan Mark Vinegrad (See above for address) ATTORNEY TO BE NOTICED
Andrew Arthur Ruffino (See above for address)

Petitioner Redhwan Alzanam individually and on behalf of all others similarly situated
Petitioner Gregory Ferrer individually and on behalf of all others similarly situated
Petitioner Chris Karimbux individually and on behalf of all others similarly situated
Petitioner Robert Barnes individually and on behalf of all others similarly situated
Petitioner Jorge Soto individually and on behalf of all others similarly situated
Petitioner Michael Falu individually and on behalf of all others similarly situated
Petitioner William Pascal individually and on behalf of all others similarly situated
V.

ATTORNEY TO BE NOTICED
Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED
represented by Arlo Devlin-Brown (See above for address) ATTORNEY TO BE NOTICED

Respondent
Marti Licon-Vitale in her official capacity as Warden of the Metropolitan Correctional Center

represented by Jean-David Barnea U.S. Attorney's Office, SDNY (Chambers Street) 86 Chambers Street New York, NY 10007 (212) 637-2679 Fax: (212) 637-2717 Email: jeandavid.barnea@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allison Rovner United States Attorney's Office SDNY 86 Chambers St. New York, NY 10007 (212)-637-2691 Fax: (212)-637-2750 Email: Allison.Rovner@usdoj.gov ATTORNEY TO BE NOTICED
Jessica Jean Hu United States Attorney's Office Southern District Of New York 86 Chambers Street, Third Floor New York, NY 10007 212-637-2726 Fax: (212) 637-2717 Email: Jessica.Hu@usdoj.gov ATTORNEY TO BE NOTICED

Date Filed 04/28/2020
04/28/2020

# Docket Text
1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC19615891)Document filed by Jonathan Medina, Cesar FernandezRodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
2 CIVIL COVER SHEET filed..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

04/28/2020 04/28/2020 04/28/2020 04/28/2020 04/28/2020
04/28/2020
04/28/2020

3 REQUEST FOR ISSUANCE OF SUMMONS as to Marti Licon-Vitale, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
5 MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
6 MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Appendix A - Petitioner Summary Chart).(Devlin-Brown, Arlo) (Entered: 04/28/2020)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The aboveentitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecfrelated-instructions..(pne) (Entered: 04/28/2020)
7 DECLARATION of Deirdre D. von Dornum in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Email from David Patton to Nicole McFarland, # 2 Exhibit B - Email from Seth D. Eichenholtz to Deirdre von Dornum, # 3 Exhibit C - Letter from David Patton to Nicole McFarland, # 4 Exhibit D - Letter from Warden M. Licon-Vitale to David Patton).(Devlin-Brown, Arlo) (Entered: 04/28/2020)
Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge.

04/28/2020 04/28/2020 04/28/2020 04/28/2020 04/28/2020 04/28/2020 04/28/2020 04/28/2020 04/28/2020

Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/201806/AO-3.pdf. (pne) (Entered: 04/28/2020)
Case Designated ECF. (pne) (Entered: 04/28/2020)
8 DECLARATION of Dr. Jonathan Giftos in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
9 DECLARATION of Cesar Fernandez-Rodriguez in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
10 ELECTRONIC SUMMONS ISSUED as to Marti Licon-Vitale..(pne) (Entered: 04/28/2020)
11 DECLARATION of Rober Galvez-Chimbo in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
12 DECLARATION of Sharon Hatcher in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
13 DECLARATION of Jonathan Medina in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
14 DECLARATION of James Woodson in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)
15 ORDER re: 4 EMERGENCY MOTION for Order to Show Cause: The Court is in receipt of the petitioners' Proposed Order to Show Cause

04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020
04/29/2020 04/29/2020
05/01/2020

and Temporary Restraining Order, Doc. 4. The parties are directed to appear for a teleconference to consider the proposed temporary restraining order tomorrow, April 29, 2020, at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. The petitioners are directed to serve a copy of this Order on the Office of the U.S. Attorney for the Southern District of New York via electronic mail by 6:00 p.m. today, April 28, 2020. (Telephone Conference set for 4/29/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/28/2020) (jwh) (Entered: 04/28/2020)
16 NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Ruffino, Andrew) (Entered: 04/29/2020)
17 NOTICE OF APPEARANCE by Alan Mark Vinegrad on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Vinegrad, Alan) (Entered: 04/29/2020)
18 NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 04/29/2020)
19 NOTICE OF APPEARANCE by Allison Rovner on behalf of Marti Licon-Vitale..(Rovner, Allison) (Entered: 04/29/2020)
20 CERTIFICATE OF SERVICE of Order and the underlying papers upon which it is based served on Marti Licon-Vitale on April 28, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/29/2020)
21 NOTICE OF APPEARANCE by Jessica Jean Hu on behalf of Marti Licon-Vitale..(Hu, Jessica) (Entered: 04/29/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 4/29/2020. Counsel for Petitioners and Respondents appeared by telephone. The Court reserved its ruling regarding Petitioners' application for a temporary restraining order. A hearing will be held on May 4, 2020 at 1:00 PM. (jar) (Entered: 05/11/2020)
22 ORDER: As stated on the record at the April 29, 2020 hearing, the parties are directed to appear for a status teleconference on Monday, May 4, 2020 at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. It is SO ORDERED., (

05/01/2020 05/04/2020 05/04/2020 05/04/2020
05/05/2020
05/05/2020

Telephone Status Conference set for 5/4/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/01/2020) (ama) (Entered: 05/01/2020)
23 LETTER addressed to Judge Edgardo Ramos from USA dated 5/1/20 re: Court Conference. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/01/2020)
24 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 4, 2020 re: Respondent's May 1, 2020 Letter at ECF Dkt. No. 23. Document filed by Cesar Fernandez-Rodriguez, Rober GalvezChimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Resume of Dr. Homer Venters).(DevlinBrown, Arlo) (Entered: 05/04/2020)
25 DECLARATION of Deirdre D. von Dornum in response to specific factual claims made by the MCC in the government's letter of May 1, 2020 at ECF Dkt. No. 23. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Woodson Denial of Compassionate Release).(Devlin-Brown, Arlo) (Entered: 05/04/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/4/2020. Counsel for Petitioners and Respondents appeared by telephone. For the reasons stated on the record, Petitioners' application for a temporary restraining order is denied. The parties are directed to submit papers regarding site inspection by Wednesday, May 6, 2020. The parties are shall submit a joint case management plan by Thursday, May 7, 2020. (jar) (Entered: 05/11/2020)
26 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/29/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020..(McGuirk, Kelly) (Entered: 05/05/2020)
27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/29/2020 has been filed by the court reporter/transcriber in the abovecaptioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically

05/06/2020 05/06/2020
05/06/2020 05/07/2020 05/07/2020
05/07/2020 05/08/2020 05/08/2020 05/12/2020

available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/05/2020)
28 PROPOSED PROTECTIVE ORDER. Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/06/2020)
29 PRIVACY ACT ORDER AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 5/6/2020) (cf) Modified on 5/6/2020 (cf). (Entered: 05/06/2020)
30 JOINT LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated May 6, 2020 re: site inspection parameters. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 05/06/2020)
31 PROPOSED CASE MANAGEMENT PLAN. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/07/2020)
32 INSPECTION ORDER: The Court has reviewed the joint letter submitted by the parties on May 6, 2020, Doc. 30. The Court orders as follows: (As further set forth herein this Order.) It is SO ORDERED. (Signed by Judge Edgardo Ramos on 5/7/2020) (va) (Entered: 05/07/2020)
33 LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 7, 2020 re: MCC Response Date for Requests for Compassionate Release. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/07/2020)
34 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Fact Deposition due by 5/21/2020. All Discovery due by 5/28/2020. (Signed by Judge Edgardo Ramos on 5/7/2020) (mro) (Entered: 05/08/2020)
35 LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 8, 2020 re: Status Report. Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/08/2020)
36 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date

05/12/2020
05/12/2020 05/13/2020 05/13/2020 05/18/2020
05/18/2020 05/18/2020

it may be obtained through PACER. Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020..(McGuirk, Kelly) (Entered: 05/12/2020)
37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/4/2020 has been filed by the court reporter/transcriber in the abovecaptioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/12/2020)
38 JOINT LETTER addressed to Judge Edgardo Ramos from AUSA JeanDavid Barnea dated 5/12/20 re: Inmate Depositions. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/12/2020)
39 MEMO ENDORSEMENT on re: 38 Letter filed by Marti Licon-Vitale. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 5/13/2020) (mro) (Entered: 05/13/2020)
40 LETTER addressed to Judge Edgardo Ramos from JESSICA JEAN HU dated May 13, 2020 re: Status Home Confinement Reviews. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/13/2020)
41 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Marti Licon-Vitale. Document filed by Jonathan Medina. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ruffino, Andrew) (Entered: 05/18/2020)
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 41 Notice of Voluntary Dismissal, was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): only one plaintiff filed their voluntary dismissal against the defendant. (tp) (Entered: 05/18/2020)
42 NOTICE OF VOLUNTARY DISMISSAL OF PETITIONER JONATHAN MEDINA PURSUANT TO RULE 41(a)(1)(A)(i): Please take notice that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Petitioner Jonathan Medina does hereby withdraw as a class representative in this action, and voluntarily dismisses, without prejudice, his claims asserted against Respondent. This notice is

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without prejudice to the claims asserted by the other Petitioners in this action on behalf of themselves and the putative class. Jonathan Medina (individually and on behalf of all others similarly situated) terminated. (Signed by Judge Edgardo Ramos on 5/18/2020) (mro) (Entered: 05/18/2020)
43 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) Modified on 7/14/2020 (db). (Entered: 05/18/2020)
44 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 19, 2020 re: 43 LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/19/2020)
45 ORDER granting in part and denying in part 43 Letter Motion to Compel. The Court is in receipt of the petitioners' letter of May 19, 2020, Doc. 44. The respondent's application is GRANTED in part and DENIED in part. All declarations or statements from MCC inmates must be from inmates identified to the respondent by Friday, May 22, 2020. The respondent may depose any such inmate on or before May 28, 2020. (Signed by Judge Edgardo Ramos on 5/19/2020) (mro) (Entered: 05/19/2020)
Set/Reset Deadlines: Deposition due by 5/28/2020. (mro) (Entered: 05/19/2020)
46 MOTION to Dismiss Certain Claims for Relief. Document filed by Marti Licon-Vitale. Responses due by 5/27/2020.(Hu, Jessica) (Entered: 05/20/2020)
47 MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/20/2020)
48 LETTER MOTION to Seal addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020., LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020. Document filed by Cesar

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05/26/2020 05/26/2020

Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)
49 ORDER granting 48 Letter Motion to Seal; granting 48 Letter Motion for Leave to File Excess Pages: The application is GRANTED. The petitioners may file a memorandum of law of up to 30 pages. The petitioners may also file discovery documents designated as Protected Information under seal. The petitioners are directed to do so via ECF and need not do so via physical delivery. (Signed by Judge Edgardo Ramos on 5/26/2020) (jwh) (Entered: 05/26/2020)
50 MOTION for Preliminary Injunction . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. Return Date set for 6/2/2020 at 10:00 AM..(Devlin-Brown, Arlo) (Entered: 05/26/2020)
51 DECLARATION of Arlo Devlin-Brown in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Facility Evaluation of the Metropolitan Correctional Center by Dr. Homer S. Venters, # 2 Exhibit 2 Declaration of Cesar Fernandez_Rodriguez, dated April 27, 2020, # 3 Exhibit 3 - Declaration of Rober Galvez Chimbo, dated April 27, 2020, # 4 Exhibit 4 - Declaration of Sharon Hatcher, dated April 24, 2020, # 5 Exhibit 5 - Declaration of James Woodson, dated April 24, 2020, # 6 Exhibit 6 - Declaration of Vinicius Andrade, dated May 15, 2020, # 7 Exhibit 7 - Declaration of Robert Barnes, dated May 18, 2020, # 8 Exhibit 8 - Declaration of Armando Beniquez, dated May 26, 2020, # 9 Exhibit 9 - Declaration of Randolph Bourgoin, dated May 18, 2020, # 10 Exhibit 10 - Declaration of William Bradley, dated May 20, 2020, # 11 Exhibit 11 - Declaration of Terrell Brown, dated May 15, 2020, # 12 Exhibit 12 - Declaration of David Crosby, dated May 26, 2020, # 13 Exhibit 13 - Declaration of Franklyn Dansowah, dated May 21, 2020, # 14 Exhibit 14 - Declaration of Darius Davis, dated May 11, 2020, # 15 Exhibit 15 - Declaration of Tiffany Days, dated May 18, 2020, # 16 Exhibit 16 - Declaration of Manolo Dones, dated May 20, 2020, # 17 Exhibit 17 - Declaration of Michael Falu, dated May 8, 2020, # 18 Exhibit 18 - Declaration of Anthony Flynn, dated May 15, 2020, # 19 Exhibit 19 - Declaration of Carlos Garcia, dated May 13, 2020, # 20 Exhibit 20 - Declaration of Rodney Griffin, dated May 20, 2020, # 21 Exhibit 21 - Declaration of Chris Karimbux, dated May 19, 2020, # 22 Exhibit 22 - Declaration of Anthony Luna, dated May 18, 2020, # 23 Exhibit 23 - Declaration of Emil Matute, dated May 20, 2020, # 24 Exhibit 24 - Declaration of Richard Michel, dated May 18, 2020, # 25 Exhibit 25 - Declaration of Ahmad Jamal Naqvi, dated May 12, 2020, # 26 Exhibit 26 - Declaration of Carolyn Richardson, dated

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

May 18, 2020, # 27 Exhibit 27 - Declaration of Adrienne Roberts, dated May 22, 2020, # 28 Exhibit 28 - Declaration of Joseph Schiliro, dated May 18, 2020, # 29 Exhibit 29 - Declaration of Antonio Smith, dated May 22, 2020, # 30 Exhibit 30 - Declaration of Jorge Soto, dated May 18, 2020, # 31 Exhibit 31 - Declaration of Nicolas Sucich, dated May 13, 2020, # 32 Exhibit 32 - Declaration of Tyler Toro, dated May 22, 2020, # 33 Exhibit 33 - Declaration of Wilbert Turner, dated May 18, 2020, # 34 Exhibit 34 - Declaration of Guillermo Zegarra-Martinez, dated May 18, 2020).(Devlin-Brown, Arlo) (Entered: 05/26/2020)
52 DECLARATION of Andrew A. Ruffino in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Ruffino, Andrew) (Entered: 05/26/2020)
53 MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)
54 DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Beaudouin Transcript, # 2 Exhibit 2 Edge Transcript, # 3 Exhibit 3 -Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 - Hazlewood Transcript, # 7 Exhibit 7 - LiconVitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36- Email compilation 6, # 37 Exhibit 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 Compilation of Rosters).(Kala, Ishita) (Entered: 05/27/2020)

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

55 ***SELECTED PARTIES***DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober GalvezChimbo, James Woodson, Marti Licon-Vitale. (Attachments: # 1 Errata 1 - Beaudouin Transcript, # 2 Exhibit 2 - Edge Transcript, # 3 Exhibit 3 - Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 Hazlewood Transcript, # 7 Exhibit 7 - Licon-Vitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 - Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 - Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 - Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 - Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 - Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 - Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36 - Email compilation 6, # 37 Errata 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 Compilation of Rosters)Motion or Order to File Under Seal: 49 .(Kala, Ishita) (Entered: 05/27/2020)
56 ORDER: A status conference will be held on May 29, 2020 at 2:00 p.m. The parties are instructed to call (877) 411-9748 and type in the access code 3029857. The principal subject of the status conference will be logistics for the preliminary injunction hearing to be held on June 2, 2020. (Telephone Conference set for 5/29/2020 at 02:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/27/2020) (jwh) (Entered: 05/27/2020)
57 MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/27/2020)
58 LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20., LETTER MOTION to Seal Certain Exhibits addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20.

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

Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)
59 MEMORANDUM OF LAW in Opposition re: 50 MOTION for Preliminary Injunction . . Document filed by Marti LiconVitale..(Barnea, Jean-David) (Entered: 05/29/2020)
60 DECLARATION of AUSA Jean-David Barnea in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Licon-Vitale Letter, # 2 Exhibit Licon-Vitale Memo).(Barnea, Jean-David) (Entered: 05/29/2020)
61 DECLARATION of Dr. Robert Beaudouin in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (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).(Barnea, Jean-David) (Entered: 05/29/2020)
62 DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti LiconVitale..(Barnea, Jean-David) (Entered: 05/29/2020)
63 ***SELECTED PARTIES***DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Motion or Order to File Under Seal: 58 .(Barnea, Jean-David) (Entered: 05/29/2020)
64 DECLARATION of Patrick Mcfarland in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 05/29/2020)
65 DECLARATION of Schnahider Demosthenes in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Hu, Jessica) (Entered: 05/29/2020)
66 DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4,

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

# 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22).(Rovner, Allison) (Entered: 05/29/2020)
67 ***SELECTED PARTIES***DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 7-Part 1, # 2 Exhibit 7-Part 2, # 3 Exhibit 7-Part 3)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/29/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/29/2020. Plaintiffs' and Defendant's counsel appeared by telephone. A motion hearing will be held on June 2, 2020. (jar) (Entered: 06/05/2020)
68 DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 1.3, # 5 Exhibit 1.4, # 6 Exhibit 2, # 7 Exhibit 2.2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11).(Rovner, Allison) (Entered: 05/30/2020)
69 ***SELECTED PARTIES***DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 2.1, # 2 Exhibit 12)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/30/2020)
70 SCHEDULING ORDER: A preliminary injunction hearing is set for June 2, 2020 at 10:00 a.m. The conference will be hosted on Skype for Business and will be open to the public. Counsel intending to speak at the conference should e-mail the Court 24 hours before the conference to receive a link to join the video call. Non-speaking parties, the public, and the press may dial (877) 411-9748 and enter Conference ID: 3029857 to listen to the proceedings. (Signed by Judge Edgardo Ramos on 6/1/2020) (jar) (Entered: 06/01/2020)
71 ORDER granting 58 Letter Motion for Leave to File Excess Pages; granting 58 Letter Motion to Seal. The application is GRANTED. The respondent may file certain exhibits to its forthcoming opposition to the petitioner's motion for a preliminary injunction under seal. She may

06/01/2020 06/01/2020 06/01/2020 06/02/2020 06/05/2020 06/08/2020 06/09/2020 06/10/2020

provide a courtesy copy of the unsealed documents to Chambers via email. The respondent is further allowed to submit a memorandum of law of no more than 45 pages. The petitioners may submit a reply of no more than 20 pages. (Signed by Judge Edgardo Ramos on 5/29/2020) (mro) (Entered: 06/01/2020)
72 NOTICE of Filing of rebuttal declaration of Petitioners expert witness Dr. Homer S. Venters. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Venters Rebuttal Report and Exhibits).(Devlin-Brown, Arlo) (Entered: 06/01/2020)
73 REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti LiconVitale..(Hu, Jessica) (Entered: 06/01/2020)
74 REPLY MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar FernandezRodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/01/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 6/2/2020 re: 50 MOTION for Preliminary Injunction filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. The Court reserves its decision. (jar) (Entered: 06/05/2020)
75 LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/5/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/05/2020)
76 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 8, 2020 re: Petitioners response to Respondent's 6/5/20 letter regarding supplemental authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/08/2020)
77 LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/9/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Chunn Decision, # 2 Exhibit Wilson Decision).(Barnea, Jean-David) (Entered: 06/09/2020)
78 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 10, 2020 re: Response to Respondent's letter regarding Supplemental Authorities. Document filed by Cesar Fernandez-

06/16/2020 06/16/2020 06/17/2020 06/18/2020
06/18/2020
06/18/2020 06/19/2020

Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/10/2020)
79 LETTER MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, and to inform the Court that the parties are not able to agree on settlement addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)
80 LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)
81 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 17, 2020 re: Response to Respondent's 6/16/20 letter regarding Supplemental Authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/17/2020)
82 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/2/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020..(McGuirk, Kelly) (Entered: 06/18/2020)
83 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/2/2020 has been filed by the court reporter/transcriber in the abovecaptioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 06/18/2020)
84 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 18, 2020 re: Supplemental Authority. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Banks Opinion, # 2 B Banks Order).(Devlin-Brown, Arlo) (Entered: 06/18/2020)
85 ORDER granting 79 Letter Motion for Extension of Time to File Response/Reply. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 06/19/2020)

06/19/2020 06/22/2020 07/02/2020 07/02/2020
07/16/2020 07/17/2020 07/17/2020 07/23/2020

86 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 6/19/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/19/2020)
87 LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated June 22, 2020 re: Response to Petitioners' June 18, 2020 letter regarding Supplemental Authority. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 06/22/2020)
88 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 7/2/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/02/2020)
89 OPINION & ORDER re: 46 MOTION to Dismiss Certain Claims for Relief filed by Marti Licon-Vitale, 50 MOTION for Preliminary Injunction filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. For the foregoing reasons, the Court DENIES the inmates' motion for a preliminary injunction and DENIES the warden's motion to partially dismiss. The Court notes its receipt of the first two reports from the MCC's warden and looks to receiving additional reports every two weeks through the end of modified operations, as detailed in the warden's letter of May 29. As suggested in the parties' letter of June 16, the parties are directed to appear at a status teleconference on July 17, 2020 at 10:15 a.m. They may dial (877) 4119748 and enter access code 302 9857# at that time. The Clerk of Court is respectfully directed to terminate the motions, Docs. 46 and 50. ( Telephone Conference set for 7/17/2020 at 10:15 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/2/2020) (mro) (Entered: 07/02/2020)
90 JOINT LETTER addressed to Judge Edgardo Ramos from AUSA JeanDavid Barnea dated 7/16/20 re: Further Discovery. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/16/2020)
Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 7/17/2020. Petitioners' and Respondent's counsel appeared by telephone. The Court will "so order" the parties' proposed schedule. (jar) (Entered: 07/17/2020)
91 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 7/17/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/17/2020)
92 RESPONSE to Petition. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 07/23/2020)

08/05/2020

93 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 8/5/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 08/05/2020)

08/14/2020

94 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated August 14, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 08/14/2020)

08/17/2020

95 MEMO ENDORSEMENT on re: 94 Letter filed by Marti Licon-Vitale. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 8/17/2020) (mro) (Entered: 08/17/2020)

08/28/2020

96 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 8/28/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 08/28/2020)

08/31/2020

97 ORDER granting 96 Letter Motion for Extension of Time to Complete Discovery. The application is granted. (Signed by Judge Edgardo Ramos on 8/30/2020) (mro) (Entered: 08/31/2020)

08/31/2020

98 LETTER MOTION for Conference re update on conditions at MCC addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated August 31, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - MCC Inmate Bulletins, # 2 Exhibit B Declaration of Chris Karimbux, # 3 Exhibit C - Declaration of Cesar Fernandez-Rodriguez, # 4 Exhibit D - Declaration of Sharon Hatcher, # 5 Exhibit E - Declaration of Joseph Schiliro, # 6 Exhibit F Declaration of Alan Schaefer, # 7 Exhibit G - Declaration of Pedro Vicioso-Lima, # 8 Exhibit H - Requests for Additional Information).(Devlin-Brown, Arlo) (Entered: 08/31/2020)

09/01/2020

99 ORDER with respect to 98 Letter Motion for Conference. The warden is directed to submit a reply of no more than four pages by September 4, 2020. (Signed by Judge Edgardo Ramos on 9/1/2020) (mro) (Entered: 09/01/2020)

09/01/2020

Set/Reset Deadlines: Replies due by 9/4/2020. (mro) (Entered: 09/01/2020)

09/04/2020

100 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 9/4/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 09/04/2020)

09/04/2020 101 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 9/4/20

re: 98 LETTER MOTION for Conference re update on conditions at MCC addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated August 31, 2020. . Document filed by Marti LiconVitale..(Barnea, Jean-David) (Entered: 09/04/2020)

09/08/2020

102 MEMO ENDORSEMENT on 101 Letter Response denying 98 Letter Motion for Conference. ENDORSEMENT: The petitioners' request for a pre-motion conference, Doc. 98, is DENIED. The parties are directed to meet and confer regarding additional information that may be provided during the regular course of discovery in this matter. (Signed by Judge Edgardo Ramos on 9/8/2020) (mro) (Entered: 09/08/2020)

09/18/2020 103 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 9/18/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 09/18/2020)

10/02/2020 104 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated 10/2/2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 10/02/2020)

10/16/2020

105 LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated October 16, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 10/16/2020)

10/26/2020

106 JOINT LETTER addressed to Judge Edgardo Ramos from Arlo DevlinBrown dated October 26, 2020 re: Status of Discovery. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 10/26/2020)

10/26/2020

107 MEMO ENDORSEMENT on re: 106 Letter filed by Cesar FernandezRodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 10/26/2020) (mro) (Entered: 10/26/2020)

10/30/2020

108 LETTER addressed to Judge Edgardo Ramos from Warden Marti Licon-Vitale dated October 30, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 10/30/2020)

11/13/2020

109 LETTER addressed to Judge Edgardo Ramos from Warden Marti Licon-Vitale dated November 13, 2020 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 11/13/2020)

12/01/2020 110 LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Jessica Jean Hu dated December 1, 2020. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 12/01/2020)

12/01/2020

111 ORDER granting 110 Letter Motion for Extension of Time. The request is GRANTED. Respondent's deadline to substantially complete document production is extended to January 8, 2021. The parties must file a joint status report by no later than January 22, 2021. (Signed by Judge Edgardo Ramos on 12/1/2020) (mro) (Entered: 12/01/2020)

12/10/2020

112 LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated December 10, 2020 re: Warden 11/24/20 Letter. Document filed by Marti Licon-Vitale. (Attachments: # 1 Appendix A).(Hu, Jessica) (Entered: 12/10/2020)

12/11/2020 113 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated December 11, 2020 re: Status Letter. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 12/11/2020)

01/08/2021

114 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated January 8, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 01/08/2021)

01/12/2021

115 LETTER addressed to Judge Kenneth M. Karas from Arlo DevlinBrown dated January 12, 2021 re: Request for Leave to File Amended Petition on Consent. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(DevlinBrown, Arlo) (Entered: 01/12/2021)

01/12/2021

116 LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated January 12, 2021 re: Request for Leave to File Amended Petition on Consent. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 01/12/2021)

01/13/2021

117 MEMO ENDORSEMENT on re: 116 Letter, filed by Cesar FernandezRodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. ENDORSEMENT: The request to file an amended complaint is GRANTED. The parties are instructed to propose a date for Defendant's response in their status update to the Court due January 22, 2021. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 1/13/2021) (mro) (Entered: 01/13/2021)

01/13/2021

118 FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus, against Marti Licon-Vitale.Document filed by Cesar Fernandez-Rodriguez, Redhwan Alzanam, Gregory Ferrer, Chris Karimbux, Robert Barnes, Jorge Soto, Michael Falu, William Pascal. Related document: 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit A: Order Granting Request to File Amended Petition).(Devlin-Brown, Arlo) (Entered: 01/13/2021)

01/19/2021 119 LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Jessica Jean Hu dated January 19, 2021. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 01/19/2021)

01/19/2021 120 ORDER granting 119 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Edgardo Ramos on 1/19/2021) (mro) (Entered: 01/20/2021)

01/22/2021

121 LETTER addressed to Judge Edgardo Ramos from Warden LiconVitale dated January 22, 2021 re: Update to the Court. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit A).(Hu, Jessica) (Entered: 01/22/2021)

02/05/2021 122 LETTER addressed to Judge Edgardo Ramos from Interim Warden E. Williams dated February 5, 2021 re: Status Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 02/05/2021)

02/19/2021 123 LETTER addressed to Judge Edgardo Ramos from Interim Warden Williams dated February 19, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 02/19/2021)

03/04/2021

124 LETTER MOTION for Extension of Time to File joint letter regarding need for further discovery addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated March 4, 2021. Document filed by Redhwan Alzanam, Robert Barnes, Michael Falu, Cesar Fernandez-Rodriguez, Gregory Ferrer, Rober Galvez-Chimbo, Sharon Hatcher, Chris Karimbux, William Pascal, Jorge Soto, James Woodson..(DevlinBrown, Arlo) (Entered: 03/04/2021)

03/04/2021

125 ORDER granting 124 Letter Motion for Extension of Time to File. The application is granted. (Signed by Judge Edgardo Ramos on 3/4/2021) (mro) (Entered: 03/04/2021)

03/05/2021 126 LETTER addressed to Judge Edgardo Ramos from Interim Warden Williams dated March 5, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 03/05/2021)

03/19/2021 127 LETTER addressed to Judge Edgardo Ramos from Interim Warden Williams dated March 19, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 03/19/2021)

03/19/2021

128 LETTER addressed to Judge Edgardo Ramos from Respondent and Petitioners dated March 19, 2021 re: Joint Status Letter. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 03/19/2021)

03/22/2021 129 MEMO ENDORSEMENT on re: 128 Letter filed by Marti LiconVitale. ENDORSEMENT: The parties' proposed schedule for

interrogatories and production of documents is GRANTED. Petitioners must serve interrogatories and requests for production by or on 3/31/2021. Respondent must serve written responses by or on 4/30/2021, and Respondent must substantially complete document production by or on 5/31/2021. The parties are instructed to submit a joint status report to the court by no later than 6/14/2021 regarding any additional fact depositions or expert discovery. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 3/22/2021) (va) (Entered: 03/22/2021)

04/02/2021 130 LETTER addressed to Judge Edgardo Ramos from Interim Warden Williams dated April 2, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 04/02/2021)

04/16/2021

131 LETTER addressed to Judge Edgardo Ramos from Interim Warden Heisner dated April 16, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 04/16/2021)

04/30/2021 132 LETTER addressed to Judge Edgardo Ramos from Interim Warden Heisner dated April 30, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 04/30/2021)

05/14/2021 133 LETTER addressed to Judge Edgardo Ramos from Interim Warden Maldonado dated May 14, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/14/2021)

05/31/2021 134 LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated May 31, 2021. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 05/31/2021)

06/01/2021

135 ORDER granting 134 Letter Motion for Extension of Time. The request is GRANTED. Respondent's deadline to substantially complete document production other than emails is June 7, 2021, and email production shall be completed by June 30, 2021. The parties' deadline to submit a joint status report is July 16, 2021. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 6/1/21) (yv) (Entered: 06/01/2021)

06/04/2021 136 LETTER addressed to Judge Edgardo Ramos from Acting Warden Maldonado dated June 4, 2021 re: Status Letter. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 06/04/2021)

06/21/2021 137 LETTER addressed to Judge Edgardo Ramos from Acting Warden Maldonado dated June 21, 2021 re: status report. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 06/21/2021)

07/02/2021 138 LETTER addressed to Judge Edgardo Ramos from Acting Warden Maldonado dated July 2, 2021 re: Status Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 07/02/2021)

07/16/2021

139 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Redhwan Alzanam, Robert Barnes, Michael Falu, Cesar Fernandez-Rodriguez, Gregory Ferrer, Rober Galvez-Chimbo, Sharon Hatcher, Chris Karimbux, William Pascal, Jorge Soto, James Woodson..(Devlin-Brown, Arlo) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/19/2021 (dt). (Entered: 07/16/2021)

07/19/2021

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT EVENT TYPE ERROR. Notice to Attorney Devlin-Brown, Arlo to RE-FILE Document 139 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. (dt) (Entered: 07/19/2021)

07/19/2021

140 PROPOSED STIPULATION AND ORDER. Document filed by Redhwan Alzanam, Robert Barnes, Michael Falu, Cesar FernandezRodriguez, Gregory Ferrer, Rober Galvez-Chimbo, Sharon Hatcher, Chris Karimbux, William Pascal, Jorge Soto, James Woodson..(DevlinBrown, Arlo) (Entered: 07/19/2021)

07/19/2021

141 STIPULATION [AND ORDER] OF VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a): NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. All claims asserted in this action are dismissed without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, without fees (including attorney's fees) or costs to any party. 2. This action is hereby placed on the suspense docket until Respondent notifies this Court that the Bureau of Prisons has ended its COVIDrelated modified operations at MCC, to permit the continued filing of the above-referenced status reports. Once Respondent has notified the Court that modified operations have ended at MCC, the Clerk of the Court is respectfully requested to close this case. (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 7/19/2021) (cf) (Entered: 07/19/2021)

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 Case 1:20-cv-03315-ER Document 141 Filed 07/19/21 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CESAR FERNANDEZ-RODRIGUEZ, REDHWAN ALZANAM, ROBERT BARNES, MICHAEL FALU, GREGORY FERRER, CHRIS KARIMBUX, WILLIAM PASCAL, and JORGE SOTO, individually and on behalf of all others similarly situated,
Petitioners,
-v.-
RAUL MALDONADO, in his official capacity as Acting Warden of the Metropolitan Correctional Center,
Respondent.

No. 20 Civ. 3315 (ER)

STIPULATION [AND ORDER] OF VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)
WHEREAS, the above-captioned action was commenced with the filing of a Petition on April 28, 2020 (ECF No. 1), and a First Amended Petition was filed on January 13, 2021 (ECF No. 118); and
WHEREAS, the Parties have agreed that Petitioners will voluntarily dismiss their claims without prejudice, and Respondent will continue providing voluntary status report updates to the Court, consistent with former Warden Licon-Vitale’s May 29, 2020 letter to the Court (ECF No. 60.1), until the end of the Bureau of Prisons’ COVID-related modified operations at the Metropolitan Correctional Center (“MCC”), although these reports will be submitted monthly going forward;

Case 1:20-cv-03315-ER Document 141 Filed 07/19/21 Page 2 of 2

NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. All claims asserted in this action are dismissed without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, without fees (including attorney’s fees) or costs to any party. 2. This action is hereby placed on the suspense docket until Respondent notifies this Court that the Bureau of Prisons has ended its COVID-related modified operations at MCC, to permit the continued filing of the above-referenced status reports. Once Respondent has notified the Court that modified operations have ended at MCC, the Clerk of the Court is respectfully requested to close this case.

Dated:

New York, New York July 16, 2021

___________________ Arlo Devlin-Brown Andrew A. Ruffino Alan Vinegrad Timothy C. Sprague COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 Tel: (212) 841-1000 adevlin-brown@cov.com aruffino@cov.com avinegrad@cov.com tsprague@cov.com
Counsel to Petitioners

AUDREY STRAUSS United States Attorney Southern District of New York
By: ____________________ Jean-David Barnea Jessica Jean Hu Allison Rovner Assistant United States Attorneys
86 Chambers Street New York, New York 10007 Tel: (212) 637-2679/2726/2691 Jean-David.Barnea@usdoj.gov Jessica.Hu@usdoj.gov Allison.Rovner@usdoj.gov
Counsel to Respondent

SO ORDERED: Dated: July __1_9_, 2021

_______________________________ The Honorable Edgardo Ramos United States District Judge

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