UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CODY BARNETT, et al.,

Plaintiffs/Petitioners,

v.

GREGORY TONY,

Defendant/Respondent.

/

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

[PROPOSED] ORDER GRANTING PLAINTIFFS’

MOTION FOR TEMPORARY RESTRAINING ORDER 

Plaintiffs’ Motion for Temporary Restraining Order is GRANTED. 

1. It is ORDERED that members of the Medically Vulnerable and Disability 

Subclasses shall be enlarged through the following mechanism:

a. Within 24 hours of this order, Defendant shall provide the Court with a list 

of all members of the Medically Vulnerable and Disability Subclasses,1

including each individual’s (i) age, (ii) medical history, and (iii) criminal 

history.

 

1 The “Medically Vulnerable” Subclasses are defined as all current and future detainees age 50 

and above, as well as all current and future persons detainees of any age with impaired 

immunity, including chronic diseases and health conditions such as (a) lung disease, (b) heart 

disease, (c) chronic liver or kidney disease (including hepatitis and dialysis patients), (d) 

diabetes, (e) hypertension, (f) compromised immune systems (such as from cancer, HIV, or 

autoimmune disease), (g) blood disorders (including sickle cell disease), (h) developmental 

disability, (i) severe mental illness, (j) severe obesity, and/or (k) moderate to severe asthma. 

The “Disability” Subclasses are defined as all current and future detainees with a disability that 

substantially limits one or more of their major life activities and who are at an increased risk 

being severely ill and/or dying from COVID-19 due to their disability or any medical treatment 

necessary to treat their disability. The Disability Subclasses include everyone in the Medically 

Vulnerable subclasses except those who are medically vulnerable solely because of age or 

obesity. All other members of the Medically Vulnerable Subclasses are also members of the 

Disability Subclasses and are protected by the Constitution as well as disability rights laws.

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 1 of 13
b. Within five days of the Court’s order, Defendant shall provide any 

objections to the release of any individual member of the Medically 

Vulnerable and Disability Subclasses.

c. Within one week of the Court’s order, any member of the Medically 

Vulnerable and Disability Subclasses against whom a good faith objection 

has not been tendered shall be released into home confinement, without 

monetary bond, until further order of the Court.

d. The Court shall establish procedures for expedited hearings at which 

Defendant shall show cause for why specific members of the Medically 

Vulnerable Class and Disability Subclasses should continue to be detained 

at the Broward County Jail.

2. It is further ORDERED that, pursuant to Federal Rule of Evidence 706, the Court 

appoints __________________ to prepare and submit to the Court by 

________________, 2020, a plan that outlines:

a. housing and/or public support plan for any Class or Subclass Members 

due to be released whose testing confirms have been exposed to or 

infected with COVID-19 and who do not readily have a place to selfisolate for the CDC-recommended period of time (currently 14 days).

b. A COVID-19 housing plan that maximizes the use of all potential space to 

house prisoners (including currently unused space or facilities that can be 

repurposed for this purpose) to be implemented at the Broward County 

Jail and such other spaces or facilities that may be identified elsewhere. 

3. It is further ORDERED that Defendant must:

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 2 of 13
a. Regularly and systematically educate class members, in a manner 

adequate for class members with low literacy or for whom English is not 

their primary language, of (i) all symptoms of COVID-19 infection, (ii) 

techniques for preventing transmission of COVID-19, including social 

distancing and proper use of masks, cleaning and hygiene procedures and 

supplies, and (iii) jail policies and procedure concerning the prevention of 

COVID-19 transmission.

b. Conduct temperature checks, and full verbal screening for COVID-19 

symptoms or prior contact with infected individuals, of everyone booked 

or transferred into the Broward County Jail upon their entry or re-entry.

c. Cohort all new entrants into the Broward County Jail for a minimum 

period of 14 days in accordance with CDC guidelines, and monitor them 

for possible COVID-19 infection by conducting twice daily symptom 

screening and temperature checks.

d. Adopt all reasonable measures to enable social distancing of six feet or 

more between detainees at all times, including by: (i) housing detainees in 

existing unused cells, units and other facilities to the greatest extent 

practicable, prioritizing single-person cells for members of the Medically 

Vulnerable and Disability Subclasses, and detainees who display 

symptoms of COVID-19 infection; and (ii) laying out tape markers at sixfeet increments in areas where persons are required to line up or 

congregate for medications, security searches of cells and housing units, 

recreation and food service.

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 3 of 13
e. House members of the Medically Vulnerable and Disability Subclasses in 

individual cells in separate housing units, and not in cells or on tiers with 

other detainees, including those who have tested positive or are 

symptomatic.

f. House symptomatic persons in individual cells in separate housing units, 

and not in cells or on tiers with other non-positive or symptomatic 

persons.

g. Provide class members with (i) new single-use masks on a daily basis, or 

(ii) reusable cloth masks and sufficient supplies to allow those cloth masks 

to be properly sanitized daily.

h. Provide ready access to and free-of-charge cleaning, disinfecting and 

hygiene equipment and supplies (including, liquid soap, disinfectant, 

paper towels, and hand sanitizer with at least 60 percent alcohol).

i. Require all staff to wash and dry their hands with soap and water and 

paper towels, or that they use hand sanitizer containing at least 60% 

alcohol frequently, or instead, wear gloves and change them both before 

and after making physical contact with anyone.

j. Provide staff with face masks and other personal protective equipment and 

supplies appropriate to their duties in the Jail as recommended by CDC 

Guidelines, including N95 masks, gloves and coveralls for those working 

in units with detainees who have tested positive or who are symptomatic. 

k. Offer universal COVID-19 testing of all class members and Jail staff, and 

immediate testing of any individual displaying COVID-19 symptoms, 

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 4 of 13
prioritizing members of the Medically Vulnerable and Disability 

Subclasses, new entrants into the Broward County Jail, anyone who 

reports or is otherwise identified as having symptoms of COVID-19 

infection, and any class member ordered released, before their release.

l. Conduct twice daily full symptom screening, temperature checks and 

pulse-oxygenation testing for all members of the Medically Vulnerable 

and Disability Subclasses, if any of them are not released, and if they are 

not, conduct symptom screening and temperature checks during their 

healthcare appointments.

m. Conduct contact tracing in accordance with CDC guidelines to identify 

anyone who came into contact with someone who tests positive or is 

symptomatic.

n. Have trained personnel clean common areas including day rooms, dining 

areas and shower rooms shared by detainees at least once every 4 hours 

during morning and afternoon shifts, from 7 a.m. to 11 p.m., and wipe 

down with disinfectant, any shared equipment in those common areas, 

including phones, kiosks, and video visitation modules, every time they 

are used.

o. Suspend and waive all co-pays and charges for medical/sick calls, 

grievances, or other requests to see a healthcare provider, as well as any 

medical treatment during the COVID-19 pandemic. 

p. Ensure that everyone who is infected with COVID-19, or who is exposed 

to infected persons, is monitored for infection and receives adequate 

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 5 of 13
medical care, and where appropriate, medically isolated in accordance 

with CDC guidelines, including access to showers, recreation, mental 

health services, reading materials, phone and video visitation, 

communications with counsel, and personal property.

4. It is further ORDERED that a hearing on Plaintiffs’ motion for a preliminary 

injunction is set for ________________, 2020.

This Temporary Restraining Order is valid for a limited period of 14 days or until further 

order of this Court, and the Court’s ruling is subject to change based on a more fully developed 

record at preliminary injunction proceedings.

DONE AND ORDERED in Chambers at ___________________________________, Florida, this 

___ day of ______ 2020.

United States District Judge

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 6 of 13
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CODY BARNETT, et al.,

Plaintiffs/Petitioners,

v.

GREGORY TONY,

Defendant/Respondent.

/

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

[PROPOSED] ORDER GRANTING PLAINTIFFS’

MOTION FOR PRELIMINARY INJUNCTION 

For the reasons explained in the attached opinion, the Court finds that the preliminary 

injunctive relief requested by Plaintiffs is narrowly drawn, extends no further than necessary to 

correct the harm this Court finds requires preliminary relief, and is the least intrusive means 

necessary to correct the harm. 18 U.S.C. § 3626(a)(2). Further, this Court has reached its 

conclusion after giving substantial weight to any possible adverse impact on public safety and 

the operation of the criminal legal system that could possibly be caused by preliminary relief. Id. 

And the preliminary injunctive relief accords with comity principles embodied in 18 U.S.C. § 

3626(a)(1)(B). 

Plaintiffs’ Motion for a preliminary injunction is GRANTED. 

5. It is ORDERED that members of the Medically Vulnerable and Disability 

Subclasses shall be enlarged through the following mechanism:

a. Within 24 hours of this order, Defendant shall provide the Court with a list 

of all members of the Medically Vulnerable and Disability Subclasses,2

 

2 The “Medically Vulnerable” Subclasses are defined as all current and future detainees age 50 

and above, as well as all current and future persons detainees of any age with impaired 

immunity, including chronic diseases and health conditions such as (a) lung disease, (b) heart 

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 7 of 13
including each individual’s (i) age, (ii) medical history, and (iii) criminal 

history.

b. Within five days of the Court’s order, Defendant shall provide any 

objections to the release of any individual member of the Medically 

Vulnerable and Disability Subclasses.

c. Within one week of the Court’s order, any member of the Medically 

Vulnerable and Disability Subclasses against whom a good faith objection 

has not been tendered shall be released into home confinement, without 

monetary bond, until further order of the Court.

d. The Court shall establish procedures for expedited hearings at which 

Defendant shall show cause for why specific members of the Medically 

Vulnerable Class and Disability Subclasses should continue to be detained 

at the Broward County Jail.

6. It is further ORDERED that, pursuant to Federal Rule of Evidence 706, the Court 

appoints __________________ to prepare and submit to the Court by 

________________, 2020, a plan that outlines:

 

disease, (c) chronic liver or kidney disease (including hepatitis and dialysis patients), (d) 

diabetes, (e) hypertension, (f) compromised immune systems (such as from cancer, HIV, or 

autoimmune disease), (g) blood disorders (including sickle cell disease), (h) developmental 

disability, (i) severe mental illness, (j) severe obesity, and/or (k) moderate to severe asthma. 

The “Disability” Subclasses are defined as all current and future detainees with a disability that 

substantially limits one or more of their major life activities and who are at an increased risk 

being severely ill and/or dying from COVID-19 due to their disability or any medical treatment 

necessary to treat their disability. The Disability Subclasses include everyone in the Medically 

Vulnerable subclasses except those who are medically vulnerable solely because of age or 

obesity. All other members of the Medically Vulnerable Subclasses are also members of the 

Disability Subclasses and are protected by the Constitution as well as disability rights laws.

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 8 of 13
a. housing and/or public support plan for any Class or Subclass Members 

due to be released whose testing confirms have been exposed to or 

infected with COVID-19 and who do not readily have a place to selfisolate for the CDC-recommended period of time (currently 14 days).

b. A COVID-19 housing plan that maximizes the use of all potential space to 

house prisoners (including currently unused space or facilities that can be 

repurposed for this purpose) to be implemented at the Broward County 

Jail and such other spaces or facilities that may be identified elsewhere. 

7. It is further ORDERED that Defendant must:

a. Regularly and systematically educate class members, in a manner 

adequate for class members with low literacy or for whom English is not 

their primary language, of (i) all symptoms of COVID-19 infection, (ii) 

techniques for preventing transmission of COVID-19, including social 

distancing and proper use of masks, cleaning and hygiene procedures and 

supplies, and (iii) jail policies and procedure concerning the prevention of 

COVID-19 transmission.

b. Conduct temperature checks, and full verbal screening for COVID-19 

symptoms or prior contact with infected individuals, of everyone booked 

or transferred into the Broward County Jail upon their entry or re-entry.

c. Cohort all new entrants into the Broward County Jail for a minimum 

period of 14 days in accordance with CDC guidelines, and monitor them 

for possible COVID-19 infection by conducting twice daily symptom 

screening and temperature checks.

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 9 of 13
d. Adopt all reasonable measures to enable social distancing of six feet or 

more between detainees at all times, including by: (i) housing detainees in 

existing unused cells, units and other facilities to the greatest extent 

practicable, prioritizing single-person cells for members of the Medically 

Vulnerable and Disability Subclasses, and detainees who display 

symptoms of COVID-19 infection; and (ii) laying out tape markers at sixfeet increments in areas where persons are required to line up or 

congregate for medications, security searches of cells and housing units, 

recreation and food service.

e. House members of the Medically Vulnerable and Disability Subclasses in 

individual cells in separate housing units, and not in cells or on tiers with 

other detainees, including those who have tested positive or are 

symptomatic.

f. House symptomatic persons in individual cells in separate housing units, 

and not in cells or on tiers with other non-positive or symptomatic 

persons.

g. Provide class members with (i) new single-use masks on a daily basis, or 

(ii) reusable cloth masks and sufficient supplies to allow those cloth masks 

to be properly sanitized daily.

h. Provide ready access to and free-of-charge cleaning, disinfecting and 

hygiene equipment and supplies (including, liquid soap, disinfectant, 

paper towels, and hand sanitizer with at least 60 percent alcohol).

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 10 of 13
i. Require all staff to wash and dry their hands with soap and water and 

paper towels, or that they use hand sanitizer containing at least 60% 

alcohol frequently, or instead, wear gloves and change them both before 

and after making physical contact with anyone.

j. Provide staff with face masks and other personal protective equipment and 

supplies appropriate to their duties in the Jail as recommended by CDC 

Guidelines, including N95 masks, gloves and coveralls for those working 

in units with detainees who have tested positive or who are symptomatic. 

k. Offer universal COVID-19 testing of all class members and Jail staff, and 

immediate testing of any individual displaying COVID-19 symptoms, 

prioritizing members of the Medically Vulnerable and Disability 

Subclasses, new entrants into the Broward County Jail, anyone who 

reports or is otherwise identified as having symptoms of COVID-19 

infection, and any class member ordered released, before their release.

l. Conduct twice daily full symptom screening, temperature checks and 

pulse-oxygenation testing for all members of the Medically Vulnerable 

and Disability Subclasses, if any of them are not released, and if they are 

not, conduct symptom screening and temperature checks during their 

healthcare appointments.

m. Conduct contact tracing in accordance with CDC guidelines to identify 

anyone who came into contact with someone who tests positive or is 

symptomatic.

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 11 of 13
n. Have trained personnel clean common areas including day rooms, dining 

areas and shower rooms shared by detainees at least once every 4 hours 

during morning and afternoon shifts, from 7 a.m. to 11 p.m., and wipe 

down with disinfectant, any shared equipment in those common areas, 

including phones, kiosks, and video visitation modules, every time they 

are used.

o. Suspend and waive all co-pays and charges for medical/sick calls, 

grievances, or other requests to see a healthcare provider, as well as any 

medical treatment during the COVID-19 pandemic. 

p. Ensure that everyone who is infected with COVID-19, or who is exposed 

to infected persons, is monitored for infection and receives adequate 

medical care, and where appropriate, medically isolated in accordance 

with CDC guidelines, including access to showers, recreation, mental 

health services, reading materials, phone and video visitation, 

communications with counsel, and personal property.

This Preliminary Injunction shall automatically expire 90 days from its entry, on 

__________, 2020. 18 U.S.C. § 3626(a)(2). Therefore, Defendants must show cause why the 

preliminary injunction should not be converted into a permanent injunction at least seven days 

before the preliminary injunction expires, or ______________, 2020. No extensions of time will 

be given. 

The Court further sets a hearing for ______ ___, 2020 at ____________ to consider 

whether this Order has remedied the ongoing violations of the Plaintiffs’ and the purported 

class’s Eighth and Fourteenth Amendment rights. See 18 U.S.C. § 3626(a)(3)(A). If this Order 

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 12 of 13
has failed to remedy the deprivation of these federal rights, the Court shall compose a threejudge court to consider whether a prison release order shall be entered. See 18 U.S.C. § 

3626(a)(3)(A); 28 U.S.C. § 2284.

DONE AND ORDERED in Chambers at ___________________________________, Florida, this 

___ day of _____ 2020.

United States District Judge

Case 0:20-cv-61113-WPD Document 18-1 Entered on FLSD Docket 06/25/2020 Page 13 of 13