Denbow v. Me. Dep't of Corr.
| Decision Date | 08 June 2020 |
| Docket Number | No. 1:20-cv-00175-JAW,1:20-cv-00175-JAW |
| Parties | JOSEPH A. DENBOW et al., Petitioners, v. MAINE DEPARTMENT OF CORRECTIONS et al., Respondents. |
| Court | U.S. District Court — District of Maine |
Two individuals incarcerated in facilities operated by the Maine Department of Corrections filed a habeas action seeking a temporary restraining order on behalf of themselves and others similarly situated against the Department and its commissioner, claiming Eighth Amendment violations and violations of the Americans with Disabilities Act and the Rehabilitation Act. The order these individuals seek would fundamentally alter central details of the Department's COVID-19 response. Because the Court believes that significant unresolved factual disputes preclude a finding that the incarcerated individuals have established a likelihood of success on the merits for their claims or that they have established a likelihood of irreparable harm in the absence of injunctive relief, the Court denies temporary injunctive relief. The Court plans on moving ahead quickly with the individuals' request for a preliminary injunction.
On May 15, 2020, Joseph A. Denbow and Sean R. Ragsdale (Petitioners) filed a petition for habeas corpus and complaint against the Maine Department of Corrections (MDOC) and Randall A. Liberty, the commissioner of the MDOC (Respondents), on behalf of themselves and a putative class of those similarly situated. Pet. for Writ of Habeas Corpus and Compl. for Injunctive and Declaratory Relief (ECF No. 1) (Pet.). On May 18, 2020, Petitioners filed a motion for a temporary restraining order or preliminary injunction. Class Mot. for TRO or Preliminary Inj. (ECF No. 5) (Pet'rs' Mot.). Also on May 18, 2020, the Court held a conference of counsel with counsel for Petitioners and Respondents at which the Court ordered a joint status report by May 20, 2020, and set the case for a second conference of counsel on May 21, 2020. Min. Entry (ECF No. 10); Notice of Hr'g (ECF No. 11).
On May 19, 2020, Petitioners informed the Court that the MDOC had reported the first case of COVID-19 of a person in Maine custody. Notice of First Confirmed COVID-19 Case in Maine Department of Corrections Custody (ECF No. 12). On May 20, 2020, the parties filed a joint status report, as ordered by the Court. Joint Status Report and Proposed Briefing Schedule (ECF No. 13) (Status Rep.). In the status report, the parties informed the Court of updates in the MDOC's COVID-19 response based on the first positive test result, Mr. Denbow's state post-conviction review proceeding, the parties' agreement on waiver of service, and Petitioners' requested relief. Id. at 1-6. The parties also proposed opposing briefing schedules, includingRespondents' request to bifurcate procedural challenges from consideration of the merits; opposing views of the scope of possible discovery; and opposing views of class certification. Id. at 6-13.
On May 21, 2020, Petitioners filed a motion to seal certain exhibits filed with their complaint, along with redacted versions of those exhibits. Mot. to Seal Exs. (ECF No. 14); Redacted Docs. (ECF No. 15). Later that day, Petitioners filed a notice informing the Court of supplemental authority. Notice of Suppl. Authority (ECF No. 16). Also on May 21, 2020, the Court held a conference of counsel at which the Court set a briefing schedule for response to Petitioners' motion for temporary restraining order and informed counsel for Petitioners that the Court expected Petitioners to address the need for sealing in this case in light of United States v. Kravetz, 706 F.3d 47 (1st Cir. 2013). Min. Entry (ECF No. 17).
On May 27, 2020, Respondents filed a response to the motion for temporary restraining order along with two affidavits. Opp'n to Mot. for TRO (ECF No. 19) (Resp'ts' Opp'n); Aff. of Dr. Ryan Thornell, Ph.D., in Opp'n to Mot. for TRO (ECF No. 20) (Thornell Aff.); Aff. of Dr. John Newby, D.P.M., in Opp'n to Mot. for TRO (ECF No. 21) (Newby Aff.). Petitioners filed a reply on May 29, 2020. Reply in Supp. of TRO (ECF No. 22) (Pet'rs' Reply). On June 1, 2020, Petitioners filed a motion withdrawing their motion to seal exhibits. Withdrawal of Mot. to Seal (ECF No. 23). The Court held oral argument by Zoom hearing on June 2, 2020. Min. Entry (ECF No. 24).
The Court takes this factual background from the Petition and the affidavits and declarations submitted by Petitioners and Respondents.
The two Petitioners are currently serving terms of incarceration at Maine Department of Corrections (MDOC) facilities. Pet. ¶ 7. They bring this habeas petition on behalf of themselves and a putative class of all current and future individuals incarcerated at MDOC facilities who, by reason of age or medical condition, are particularly vulnerable to injury or death if they were to contract COVID-19 (the Class). Id. ¶ 62. Within this class, Petitioners define three subclasses. The Imminent Release Subclass are members of the Class (Class Members) who are set to be released within one year. Id. ¶ 67. The Minimum Security Subclass consists of Class Members classified by MDOC as minimum or community security. Id. The Disabilities Subclass is made up of those who are medically vulnerable to COVID-19 because of disabilities protected by federal disability rights law. Id.
Petitioner Sean R. Ragsdale, a fifty-six-year-old man, is incarcerated in Mountain View Correctional Facility. Id. ¶ 13. Mr. Ragsdale is at high risk for serious illness or death if he contracts COVID-19 due to a long-term chest infection, diabetes, and Hepatitis C, which has caused him liver damage. Id. Because of these conditions, Mr. Ragsdale regularly uses an inhaler, takes insulin twice a day, and—due to his diabetes—has been given work restrictions by doctors to not stand on hisfeet for prolonged periods of time or engage in strenuous activity. Id. While medication to treat his Hepatitis C and prevent further liver disease is medically indicated, the MDOC has not provided that medication. Id. Though payments have been suspended while he is in prison, Mr. Ragsdale receives Social Security income for his disabilities. Id. Mr. Ragsdale was convicted of two counts of aggravated trafficking of drugs and has completed the majority of his sentence of imprisonment, with a planned release date of July 17, 2020. Id. Mr. Ragsdale is currently classified as "community" custody, meaning that, but for the current COVID-19 restrictions, he would be approved to work in the community during the day. Id.
Petitioner Joseph A. Denbow (together with Mr. Ragsdale, Petitioners) is a fifty-four-year-old man also incarcerated in Mountain View Correctional Facility. Id. ¶ 14. Due to his asthma, chronic obstructive pulmonary disease, and the fact that he is in remission from colorectal cancer, he is at high risk for developing serious illness or death from COVID-19. Id. Mr. Denbow is incarcerated for driving without a license and aggravated forgery, and has completed most of his two-year prison sentence, with an earliest release date of August 30, 2020. Id. He is currently classified as "minimum" security, and before the current COVID-19 restrictions went into effect he worked in the community during the day doing odd jobs. Id.
The MDOC is a Maine state agency "responsible for the direction and general administrative supervision, guidance and planning of adult and juvenile correctional facilities and programs within the State." Id. ¶ 16 (quoting 34-A M.R.S. § 1202). Randall A. Liberty is Commissioner of the MDOC, and in that role, he has "generalsupervision, management and control of the research and planning, grounds, buildings, property, officers, employees and clients of any correctional facility, detention facility or correctional program." Id. ¶ 15 (quoting 34-A M.R.S. § 1402(1)).
The novel coronavirus that causes COVID-19 has led to a global pandemic, with millions of cases throughout the world and many cases throughout the United States and Maine. Id. ¶ 17. Official reports of the incidence of COVID-19 are likely underestimates due to a lack of widely available testing. Id. The virus is known to spread from person to person through respiratory droplets, close personal contact, and contact with contaminated surfaces and objects. Id. ¶ 19. There is no vaccine against COVID-19 or any known medication effective at preventing or treating it. Id. Social distancing—i.e. deliberately keeping at least six feet of space between individuals—and a vigilant hygiene regimen, including hand hygiene, are critical for protecting against the virus' transmission. Id. These measures are important because COVID-19 spreads aggressively, and even those who are asymptomatic can spread it. Id. ¶ 20. The only assured way to curb the spread of COVID-19 is to dramatically reduce interpersonal contact, and institutions across the United States have been exhorted to reduce the number of people in close quarters, if not empty entirely, as well as to undertake aggressive sanitation measures, such as cleaning and disinfecting surfaces with products that contain a particular percentage of alcohol and closing off areas used by sick persons. Id.
Once contracted, COVID-19 can cause severe damage to lung tissue, including permanent loss of respiratory capacity, and can damage tissues in other vital organs such as the heart and liver. Id. ¶ 21. People over the age of fifty face a greater risk of serious illness or death from COVID-19, with estimates suggesting age groups above fifty face progressively higher mortality rates. Id. ¶ 22. Additionally, people of any age who suffer from certain underlying medical conditions—including lung disease, heart disease, chronic liver or kidney disease (including hepatitis and dialysis patients), diabetes, epilepsy, hypertension, compromised immune systems (such as from cancer,...
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