Goodchild v. Ortiz

• Decision Date: 01 September 2021
• Docket Number: Civil Action 21-790 (RMB)
• Parties: PETER GOODCHILD, ELIEZER SOTO CONCEPCION, JOAN ABREU-FELIZ and MICHAEL WINANS, individually and on behalf of all others similarly situated, Petitioners v. DAVID E. ORTIZ, Respondent
• Court: U.S. District Court — District of New Jersey

PETER GOODCHILD, ELIEZER SOTO CONCEPCION, JOAN ABREU-FELIZ and MICHAEL WINANS, individually and on behalf of all others similarly situated, Petitioners v. DAVID E. ORTIZ, Respondent

Civil Action No. 21-790 (RMB)

United States District Court, D. New Jersey

September 1, 2021

Peter Goodchild Eliezer Soto Concepcion Joan Abreu-Feliz Michael Winans Fort Dix Federal Correctional Institution Petitioners pro se.

John T. Stinson, Jr. Jane Dattilo John Andrew Ruymann Assistant United States Attorneys United States Department of Justice Office of the U.S. Attorney Attorneys for Respondent.

OPINION (REDACTED)

RENÉE MARIE BUMB United States District Judge.

This matter comes before the Court upon Petitioners Peter Goodchild, Eliezer Soto-Concepcion, Joan Abreu-Feliz, and Michael Winans' (collectively “Petitioners”) petition for writ of habeas corpus under 28 U.S.C. § 2241^[1] (Pet., Dkt. No. 1), filed as a putative class action. Respondent filed an answer to the petition (Answer, Dkt. No 7), and Petitioners filed a reply brief. (Reply Brief, Dkt No. 17.) On May 4, 2021, Petitioners filed an emergency supplement to the petition (“Petrs' Emergency Suppl. Pet., ” Dkt. No. 22), and Respondent filed supplemental briefing in opposition to habeas relief under 28 U.S.C. § 2241. (“Respt's Suppl. Brief, ” Dkt. No. 24.) For the reasons discussed below, the Court will dismiss the petition in part for lack of jurisdiction^[2] and deny the petition in part on the merits.

I. PETITIONERS' CLAIMS

Petitioners Peter Goodchild (“Goodchild”), Eliezer Soto-Concepcion (“Soto-Concepcion”), Joan Abreu-Feliz (“Abreu-Feliz”) and Michael Winans (“Winans”) are federal prisoners who are confined in the minimum security camp (“the Camp”) within the Federal Correctional Institution in Fort Dix, New Jersey (“FCI Fort Dix”) who were present during outbreaks of COVID-19 in the facility in 2020 and 2021. (Pet, Dkt. No. 1.) In summary of the petition, reply brief, and emergency supplemental petition, Petitioners allege that Respondent was deliberately indifferent to their health because maintaining six feet social distance was impossible in the Camp, inmates did not have enough soap or masks during the first outbreak, BOP did not use all available buildings to provide for social distancing of inmates, outdoor recreation was suspended even though being outdoors was the safest environment to avoid transmission of the virus, lack of testing and timely quarantining of COVID-19 positive inmates allowed the virus to spread, all nonemergent medical care was delayed and emergency care was not readily available, infected inmates were transferred from FCI Elkton to FCI Fort Dix and caused a second wave of infections in the low security compound, staff violated PPE and mask mandates, and delays or mistakes caused by understaffing over the holidays in December 2020 and January 2021, caused another wave of infections in the Camp.

Petitioners seek to represent a class of similarly situated individuals in the Camp who are at heightened risk, based on their ages and/or medical conditions, to a severe case of the virus or death, and that release from confinement under 28 U.S.C. § 2241 is the only remedy to the Eighth Amendment violation caused by Defendants' deliberate indifference to the spread of COVID-19 in the Camp.^[3] They further allege that the arbitrary decision to release to home confinement only those inmates who served at least fifty percent of their sentences, or have eighteen months or less remaining on their sentences and have served more than 25% of their sentences, constitutes deliberate indifference to their health, and relies on an unreasonable statutory interpretation of the CARES Act. In addition, Petitioners seek declaratory judgment that their Eighth Amendment right to be free of cruel and unusual punishment was violated by their conditions of confinement, ^[4] and they seek appointment of a special master^[5] to determine the number of inmates the Camp can accommodate with social distancing in place to protect against the spread of the virus. Finally, they seek to enlarge their custody to home confinement pending final resolution of their claims.

II. THE ANSWER

Respondent in its Answer, challenges subject matter jurisdiction under 28 U.S.C. § 2241, and alternatively argues that Petitioners' claims fail on the merits. Respondent presented a counterstatement of facts rather than admitting or denying each allegation in the petition, (Answer, Dkt. No. 7) and submitted a number of BOP documents that demonstrate the actions taken by the BOP to prevent spread of COVID-19 in BOP facilities, summarized here. In their reply brief, Petitioners do not contest the existence of these policies, but allege inadequacies and violation of the policies. (Reply Brief, Dkt. No. 16.)

The BOP action plan to reduce transmission of COVID-19 in BOP facilities provides:

Phase 1: In January 2020, the Bureau established a task force to begin strategic planning for COVID-19, and to build on the Bureau's already existing procedures for pandemics.

Phase 2: On March 13, 2020, the agency issued directives suspending social and legal visits, curtailing movement, cancelling staff travel and training, limiting access for contractors and volunteers, and established enhanced screening for staff and inmates for locations with sustained community transmission and at all medical centers.

All facilities were placed on modified operations to maximize social distancing in our facilities, as much as practicable. This modification includes staggered meal times and staggered recreation times, for example, in order to limit congregate gatherings.

Additionally, the Bureau established quarantine and isolation procedures to mitigate the spread of COVID-19.

Phase 3: On March 18, 2020, the Bureau implemented an action plan for Bureau locations that perform administrative services, which followed DOJ, OMB and OPM guidance for maximizing telework. Additionally, as part of the Pandemic Influenza contingency plan, all cleaning, sanitation, and medical supplies have been inventoried. Ample supplies are on hand and ready to be distributed or moved to any facility as deemed necessary. As we continue to respond, the Bureau has placed additional orders for these supplies, in case of a protracted event.^[6]

Phase 4: On March 26, 2020, the BOP implemented revised preventative measures for all institutions. The agency updated its quarantine and isolation procedures to require all newly admitted inmates to BOP, whether in a sustained community transition area or not, be assessed using a screening tool and temperature check. This includes all new intakes, detainees, commitments, writ returns from judicial proceedings, and parole violators, regardless of their method of arrival. Asymptomatic inmates are placed in quarantine for a minimum of 14 days or until cleared by medical staff. Symptomatic inmates are placed in isolation until they test negative for COVID-19 or are cleared by medical staff as meeting CDC criteria for release from isolation.^[7]

Between Phases 3 and 4 of the BOP Action Plan, the CDC, on March 23, 2020, issued “Interim Guidance on Management of Coronavirus Disease 2019 in Correctional and Detention Facilities … based on what is currently known about the transmission and severity of coronavirus disease 2019 (COVID-19) as of March 23, 2020.” (Declaration of Adam Sassaman (“Sassaman Decl.”) Attachment 2, Dkt. No. 8-3 at 68-94.) This guidance includes “detailed recommendations on the following topics related to COVID-19 in correctional and detention settings:”

• Operational and communications preparations for COVID-19

• Enhanced cleaning/ disinfecting and hygiene practices

• Social distancing strategies to increase space between individuals in the facility^[8]

• How to limit transmission from visitors

• Infection control, including recommended personal protective equipment (PPE) and potential alternatives during PPE shortages

• Verbal screening and temperature check protocols for incoming incarcerated/detained individuals, staff, and visitors

• Medical isolation of confirmed and suspected cases and quarantine of contacts, including considerations for cohorting^[9] when individual spaces are limited

• Healthcare evaluation for suspected cases, including testing for COVID-19

• Clinical care for confirmed and suspected cases

• Considerations for persons at higher risk of severe disease from COVID-19

(Sassaman Decl., Attachment 2, Dkt. No. 8-3 at 71.) The CDC continues to update this guidance.^[10]Adam Sassaman, the Safety and Occupational Health Administrator at FCI Fort Dix, assisted “in implementing the March 23, 2020 CDC Guidance on Management of COVID-19 in Correctional and Detention Facilities, as well as the updated guidance disseminated to BOP by the Centers for Disease Control and Prevention….” (Id. ¶ 5, Dkt. No. 8-3.) On April 3, 2020, FCI Fort Dix management approved and disseminated updated COVID-19 cleaning and disinfection procedures drafted by Sassaman, instructed staff to train inmate orderlies on implementation and incorporated these procedures into the housekeeping plan. (Sassaman Decl. ¶¶ 21, 22 and Attachments 4 and 5, Dkt. No. 8-3 at 101-113.)^[11]

Phase 5 of the BOP Action Plan, effective April 1, 2020, provides:

In response to a growing number of quarantine and isolation cases in our facilities, the BOP will take the following actions immediately to further mitigate the exposure and spread of COVID-19.

• For a 14-day period, inmates in every institution will be secured in their assigned cells/quarters to decrease the spread of the virus. This modification to our action plan is based on health concerns, not disruptive inmate behavior.

• During this time, to the extent practicable, inmates

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