Hallinan v. Scarantino

• Decision Date: 11 June 2020
• Docket Number: NO. 5:20-HC-2088-FL,5:20-HC-2088-FL
• Citation: 466 F.Supp.3d 587
• Court: U.S. District Court — Eastern District of North Carolina
• Parties: Charles HALLINAN, Josean Kinard, Arnold J. Hill, Benjamin D. McRae, John Dailey, Lee M. Ayers, George B. Riddick, Jorge Luis Maldonado, Antwan Harris, Anthony Butler, and Troy A. Titus, on behalf of themselves and similarly situated individuals, Petitioners/Plaintiffs, v. Warden Thomas SCARANTINO, Michael Carvajal, and Jeffery Allen, Respondents/Defendants.

466 F.Supp.3d 587

Charles HALLINAN, Josean Kinard, Arnold J. Hill, Benjamin D. McRae, John Dailey, Lee M. Ayers, George B. Riddick, Jorge Luis Maldonado, Antwan Harris, Anthony Butler, and Troy A. Titus, on behalf of themselves and similarly situated individuals, Petitioners/Plaintiffs,

v.Warden Thomas SCARANTINO, Michael Carvajal, and Jeffery Allen, Respondents/Defendants.

NO. 5:20-HC-2088-FL

United States District Court, E.D. North Carolina, Western Division.

Signed June 11, 2020

Jeffrey S. Wilkerson, Elizabeth Jeanne Ireland, Gretchen Vetter Scavo, Patrick A. Doerr, Winston & Strawn LLP, Charlotte, NC, Emily Elizabeth Seawell, Jaclyn A. Maffetore, Kristi L. Graunke, ACLU of North Carolina Legal Foundation, Raleigh, NC, Maria V. Morris, American Civil Liberties Union, National Prison Project, Washington, DC, Sarah A. Hinger, American Civil Liberties Union, Racial Justice Program, New York, NY, for Petitioners/Plaintiffs.

Genna D. Petre, Joshua L. Rogers, United States Attorney's Office, Raleigh, NC, Michael D. Bredenberg, Federal Medical Center, Butner, NC, for Respondents/Defendants.

ORDER

LOUISE W. FLANAGAN, United States District Judge

This matter is before the court on motion for temporary restraining order, preliminary injunction, and writ of habeas corpus, filed May 28, 2020, by petitioners/plaintiffs ("petitioners"). (DE 24). Issues raised are ripe for ruling. For the following reasons, petitioners' motion is denied.

STATEMENT OF THE CASE

Petitioners Charles Hallinan ("Hallinan"), Josean Kinard ("Kinard"), Arnold J. Hill ("Hill"), Benjamin D. McRae ("McRae"), John Dailey ("Dailey"), Lee M. Ayers ("Ayers"), George B. Riddick ("Riddick"), Jorge Luis Maldonado ("Maldonado"), Antwan Harris ("Harris"), Anthony Butler ("Butler"), and Troy A. Titus ("Titus"), federal inmates represented by counsel, filed May 26, 2020, petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and class action complaint for injunctive and declaratory relief. Petitioners allege respondents Thomas Scarantino ("Scarantino"), the warden of the Federal Correctional Complex in Butner, North Carolina ("FCC-Butner"), Michael Carvajal ("Carvajal"), the Federal Bureau of Prisons ("FBOP") director, and Jeffrey Allen ("Allen"), the FBOP medical director, are violating their rights under the Eighth Amendment to the United States Constitution. Specifically, petitioners assert respondents have failed to control the spread of the virus that causes COVID-19 within FCC-Butner, thus exposing them to a substantial risk of contracting the disease.

Petitioners seek to represent a class of similarly situated federal inmates at FCC-Butner and a "medically vulnerable subclass" of inmates over age 50 or who have certain preexisting health conditions that expose them to greater risk of complications if they contract COVID-19. The petition seeks immediate injunctive and declaratory relief pursuant to 28 U.S.C. §§ 1331, 2201 - 02, and 2243.

On May 29, 2020, the court completed its initial review of the petition and ordered respondents to file expedited responsive pleading on or before June 3, 2020. On May 30, 2020, petitioners filed the instant motion for temporary restraining order, preliminary injunction, and writ of habeas corpus pursuant to Federal Rule of Civil Procedure 65 and 28 U.S.C. § 2241. Petitioners request that the court immediately order the following relief: 1) order respondents to identify, within one day, all people incarcerated at FCC-Butner who fit within the medically vulnerable subclass; 2) appoint an expert to determine appropriate categories of release for each subclass member within 48 hours of entering the order or injunction; 3) require release, without quarantining at FCC-Butner, of all persons identified as appropriate for release within 24 hours of creation of the expert list; and 4) order respondents to prepare a COVID-19 mitigation plan to be submitted to the court within 48 hours and overseen by a qualified public health expert pursuant to Federal Rule of Evidence 706.

Petitioners define "release" as the discharge of subclass members from FCC-Butner, which may include enlargement of custody to home confinement or community corrections placements (halfway houses), release to community supervision, or furloughs to another medical facility, hospital, or halfway house. Petitioners' proposed mitigation plan contains numerous public health directives designed to prevent the spread of COVID-19 at FCC-Butner, and proposals for providing medical care to those inmates who have developed the disease.

In support of the instant motion, petitioners rely upon 1) their personal declarations, with exhibits thereto; 2) declarations of current and former inmates Roger Duane Goodwin ("Goodwin"), Michael Harrington ("Harrington"), Lewis Donnell Huntley ("Huntley"), John Krokos ("Krokos"), Randy Flores Ortiz ("Ortiz"), and William Robert Whyte ("Whyte"); 3) declarations of proposed experts Chris Breyer, M.D., M.P.H., Joe Goldenson, M.D., and Dan Pacholke, with exhibits thereto; 4) FBOP press releases; 5) memoranda from Attorney General William Barr to respondent Carvajal; 6) memorandum from Andre Matevousian and L. Cristina Griffith to FBOP executive officers; 7) Centers for Disease Control and Prevention's ("CDC") guidelines, information sheets, and reports regarding COVID-19; 8) court filings and orders in United States v. El-Hanafi, No. 1:10-CR-162-KMW (S.D.N.Y.), United States v. Thompson, No. 1:15-CR-448 (E.D. Ill.), and United States v. Krokos, No. 12-CR-527 (C.D. Cal.); and 9) screenshots of the FBOP's coronavirus website as of March 31 and April 27, 2020.

On May 29, 2020, the court directed respondents to file response to the instant motion by June 3, 2020. On May 29, June 1, June 2, and June 4, 2020, petitioners filed notices of subsequent facts and supplemental declarations of counsel reporting six inmate deaths and one staff death at FCC-Butner related to COVID-19.

On June 3, 2020, respondents timely filed their opposition to the instant motion for temporary restraining order or preliminary injunction. That same day, respondents filed motion to dismiss or in the alternative for summary judgment. In support of both filings, respondents rely upon statement of material facts and appendix comprising the following: 1) declaration of Phillip Clark ("Clark"), FCC-Butner's case management coordinator, with exhibits thereto; 2) declaration of Andrew Stock ("Stock"), clinical director of the Federal Medical Center at Butner; 3) declaration of Mary Strassel ("Strassel"), assistant supervisor of education and team leader of the FCC-Butner planning section team, with exhibits thereto; 4) declaration of Kellie Harden ("Harden"), director of quality management and supervisory health systems specialist for FCC-Butner; 5) declaration of Luis Martinez ("Martinez"), acting environmental and safety compliance administrator at FCC-Butner, with exhibits thereto; and 6) declaration and supporting exhibits from Christina Kelley ("Kelley"), senior attorney at FCC-Butner.

Petitioners filed reply on June 8, 2020, relying upon declaration of Jeffery Wilkerson ("Wilkerson"), counsel for petitioners, with exhibits thereto.

STATEMENT OF THE FACTS

The factual background, drawn from the parties' extensive filings, is summarized below.

A. Petitioners

Petitioner are 11 federal inmates incarcerated at FCC-Butner. FCC-Butner is a federal prison complex comprising five institutions: a federal medical center ("FMC-Butner"); two medium custody facilities ("FCI Butner-medium I" and "FCI Butner-medium II"); a low-security institution ("FCI Butner-low"); and a federal prison camp ("FPC Butner"). (Clark Decl. (DE 37-1) ¶ 6). As of June 3, 2020, FCC-Butner housed approximately 4,360 inmates. (Id. ¶ 5). The complex generally is over capacity by approximately 300 inmates, and FCI Butner-low is over capacity by 172 inmates. (Id. ¶¶, 5, 8).

Petitioner Hallinan is 79 years old and he is incarcerated at FCI Butner-low. He suffers from bladder and prostate cancer

, both of which are in remission. He also suffers from hypertension, cardiovascular disease, and celiac disease. He was sentenced to 14 years' imprisonment following convictions for violating the Racketeer Influenced and Corrupt Organizations Act, money laundering, and wire fraud, and his projected release date is July 3, 2030. (See Hallinan Decl. (DE 26-5) ¶¶ 1-7).

Petitioner Kinard is 34 years old and he is incarcerated at FCI Butner-low. He is in good health. He was sentenced to 70 months' imprisonment following convictions for possession with intent to distribute controlled substances and possession of a firearm by a convicted felon, and his projected release date is May 9, 2022. (Kinard Decl. (DE 26-10) ¶¶ 1-4).

Petitioner Hill is 68 years old and he is incarcerated at FCI Butner-low. He suffers from hypertension

, cardiovascular disease, and diabetes. He underwent a triple-bypass cardiac surgery in 2019. He also uses a wheelchair due to a spinal cord injury. He was sentenced to 20 years to life imprisonment following conviction for first-degree murder while armed in violation of the D.C. Code. He was granted parole in 2012, but parole was rescinded when the victim's family objected to his release. (Hill Decl. (DE 26-8) ¶¶ 1-8).

Petitioner McRae is 43 years old and he is incarcerated at FCI Butner-low. He suffers from hypertension

, blood clots, and morbid obesity. An inferior vena cava filter has been placed in his chest to trap large blood clots. He was sentenced to 60 months' imprisonment following his conviction for distributing a controlled substance in violation of the D.C. Code, and his projected release date is January 26, 2022. (McRae Decl. (DE 26-13) ¶¶ 1-7).

Petitioner Dailey is 62 years old and he is incarcerated at FCI Butner-low. He suffers from mycosis fungoides

, a rare, terminal form of non-Hodgkin's lymphoma that causes painful lesions. As the lesions develop, they are expected to metastasize to his brain and...