July, 2020
UPDATE AS OF AUGUST 25, 2020
On May 16, 2020, we filed class action lawsuits against Terminal Island and Lompoc based on the BOP’s failure to ensure the health and safety of people living in the facilities amid the COVID-19 pandemic, which we have alleged is a violation of the Eighth Amendment right to be free from cruel and unusual punishment. We filed these cases with the law firm Bird Marella and the American Civil Liberties Union Foundation of Southern California. The case against Federal Correctional Institution (FCI)-Lompoc is Torres v. Milusnic, 20-CV-4450 CBM (PVC), and the case against FCI-Terminal Island is Wilson v. Ponce, 20-CV-4451 DDP (PVC). Through these cases, we are asking the Courts to direct BOP to make immediate changes, including (1) putting in place a court-supervised evaluation process that allows for the immediate release or home confinement of more people until enough have been released to make the facilities safer for those who remain, and (2) adhering, at minimum, to CDC guidance regarding prevention and treatment of the virus.
Please note: There will be no money damages: the lawsuits seek only injunctive relief, meaning that the BOP must change the way it treats and houses people to comply with the law. We are not representing any individual people in their requests for compassionate release and home confinement. Because we are pursuing a class action seeking widespread relief and because we cannot guarantee the outcome, you should continue on your own with any applications for individual relief.
The best way to provide us with information is to fill out this online form, which contains questions that are important to our lawsuits.
Torres v. Milusnic – Lompoc (Santa Barbara County)
In Torres v. Milusnic, a case brought on behalf of people at FCI-Lompoc, on July 14, 2020, District Judge Consuelo Marshall ordered the Federal Bureau of Prisons to develop a process to identify all people held in the prison who are over the age of 50, or who have certain underlying medical conditions that put them at higher risk of complications from COVID-19. Judge Marshall directed BOP to notify these incarcerated people by July 22, 2020 that they are being considered for release to home confinement or compassionate release, and to provide the court with the criteria for early release by that date, and that BOP complete the evaluation of the vulnerable people by July 28. We are hopeful that this will be a first step in considering high risk individuals for compassionate release or home confinement and in improving prevention and treatment measures for those who are not released.
a) Who is included in the Lompoc class? The class certified by the Court is: “All current and future people in post-conviction custody at FCI Lompoc and USP Lompoc over the age of 50, and all current and future people in post-conviction custody at FCI Lompoc and USP Lompoc of any age with underlying health conditions including chronic obstructive pulmonary disease; serious heart conditions such as heart failure, coronary artery disease, or cardiomyopathies; Type 2 diabetes; chronic kidney disease; sickle cell disease; immunocompromised state from a solid organ transplant; obesity (body mass index of 30 or higher); asthma; cerebrovascular diseases; cystic fibrosis; hypertension or high blood pressure; immunocompromised state from blood or bone marrow transplant; immune deficiencies, HIV, or those who use corticosteroids, or use other immune weakening medicines; neurologic conditions such as dementia; liver diseases; pulmonary fibrosis; thalassemia; Type 1 diabetes; and smokers.”
b) How can I be included in the Lompoc class? At this time, the government has been deciding who is in the class based on lists generated from their database about people’s ages and health conditions. We are in the process of determining how to ensure that everyone who should be a class member gets included. Due to high volume, we are not able to respond to individual inquires about this at this time.
c) Can you help with a request for home confinement in the Lompoc case? No, we cannot help on an individual basis. While the Court has ordered the Respondents to evaluate home confinement requests more broadly, the decision on who will be released will still be up to BOP. We will monitor home confinement decisions to identify problems with the process as a whole that unfairly limit the number of people released. We cannot, however, make arguments for home confinement on behalf of individuals on a case-by-case basis. At this time, we do not yet know what process the Respondents are using. The deadline for Respondents to inform the Court of who has been granted or denied home confinement is August 7 and 14.
For more information on the Lompoc case, please email Lompoc.COVIDcase@aclusocal.org.
Wilson v. Ponce – Terminal Island (Los Angeles County)
In Wilson v. Ponce, a case brought on behalf of people in FCI-Terminal Island, on July 14, 2020, District Judge Michael W. Fitzgerald denied Plaintiffs’ request that he order BOP for a process for immediate evaluation of the incarcerated people for home confinement or compassionate release on the basis that the Prison Litigation Reform Act (“PLRA”) barred such an order. However, before ruling on the conditions at the prison, he ordered independent medical expert Dr. Michael Rowe conduct an independent site visit of the prison no later than August 3, 2020. Dr. Rowe’s report was filed with the Court on August 24, 2020. At this time, the Court has not certified a class in the Terminal Island matter. We have filed a notice of appeal of the denial of the TRO in the Terminal Island case. The appeal is pending. For more information, please email TI.COVIDcase@aclusocal.org.
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Case Filings: