Livas v. Myers

• Decision Date: 22 April 2020
• Docket Number: CIVIL ACTION NO. 2:20-CV-00422
• Citation: 455 F.Supp.3d 272
• Parties: Brandon LIVAS, et al. v. Rodney MYERS, et al.
• Court: U.S. District Court — Western District of Louisiana

455 F.Supp.3d 272

Brandon LIVAS, et al.

v.Rodney MYERS, et al.

CIVIL ACTION NO. 2:20-CV-00422

United States District Court, W.D. Louisiana, Lake Charles Division.

Signed April 22, 2020

Bruce W. Hamilton, Katharine Murphy Schwartzmann, Jennifer Alicia Wedekind, Pro Hac Vice, Somil Trivedi, Pro Hac Vice, American Civil Liberties Union Foundation of LA, New Orleans, LA, Washington, DC, David Luger, Pro Hac Vice, Katten Muchin & Rosenman, Chicago, IL, for Brandon Livas, Richard Buswell, Dewayne Corbett, Johnny Smith, Carlos Martin, Gaines Andrews.

Karen J. King, Katherine W. Vincent, U.S. Attorneys Office, Lafayette, LA, for Rodney Myers, Michael Carvajal.

RULING

TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE

Petitioners Brandon Livas, Richard Buswell, Dewayne Corbett, Johnny Smith, Carlos Martin, and Gaines Andrews have filed a Petition for Writ of Habeas Corpus , Injunctive, and Declaratory Relief against Respondents Rodney Myers ("Warden Myers"), Warden of Oakdale Federal Correctional Institutions, and Michael Carvajal ("Director Carvajal"), Federal Bureau of Prisons Director, in their official capacities, pursuant to 28 U.S.C. § 2241. Petitioners, acting on behalf of themselves and a prospective class and sub-class have since filed an Emergency Motion for Release of Vulnerable and Low-Risk Prisoners from Oakdale ("Emergency Motion") [Doc. No. 9].

On April 15, 2020, in addition to filing a memorandum in opposition to this Emergency Motion [Doc. No. 13], Respondents filed a Motion to Dismiss [Doc. No. 12]. Respondents move the Court to dismiss Petitioners' Petition for Writ of Habeas Corpus, Injunctive, and Declaratory Relief and Petitioners' Emergency Motion on two alternative bases: (1) lack of subject-matter jurisdiction and (2) failure to state a claim as a matter of law.

Because of the expedited nature of the relief sought by Petitioners, on April 16, 2020, the Court held a status conference with counsel. At that time, the Court ordered Petitioners to respond to the first basis for the motion, subject-matter jurisdiction, no later than Monday, April 20, 2020.¹ Respondents were ordered to file a reply by Tuesday, April 21, 2020.

For the following reasons, Respondents' Motion to Dismiss is GRANTED IN PART and DENIED IN PART AS MOOT.

I. BACKGROUND

Three months ago, most people had never heard of COVID-19 or the coronavirus. As of the date of this Ruling, however, it would be difficult to imagine any person in the United States—or indeed globally--who has not felt the effects of the global pandemic caused by the rapid spread of this previously unheard of virus.

COVID-19 is an infectious disease caused by this novel coronavirus. The coronavirus outbreak, which began in Wuhan, China, and was first confirmed in December 2019, has expanded globally at an alarming rate. See https://www.nytimes.com/article/coronavirus-timeline.html (last visited 04/22/2020). According to the Centers for Disease Control ("CDC"), the "wide range" of symptoms may include fever, cough

, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, and new loss of taste or smell. https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html (last visited 04/21/2020).

Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment. In some cases, however, COVID-19 causes severe respiratory issues. Because COVID-19 is a new disease, there is limited information regarding risk factors for severe disease. At this time, based on the available information and clinical expertise, the CDC has issued guidance that older adults, 65 years of age and older, and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. The CDC cautions that persons with these underlying medical conditions, particularly if not well controlled, are at higher risk:

(1) chronic lung disease

or moderate to severe asthma ;

(2) serious heart conditions;

(3) the immunocompromised, which can be caused by many conditions, including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications;

(4) severe obesity (body mass index of 40 or higher)

(5) diabetes;

(6) chronic kidney disease undergoing dialysis;

(7) liver disease.

https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html (last visited 04/21/2020).

Currently, there are no vaccines or proven, effective treatments for COVID-19. The virus spreads primarily through droplets of saliva or discharge from the nose when an infected person coughs

or sneezes, although there is evidence that persons who are asymptomatic may infect others. To mitigate the spread of the disease, the CDC and other public health agencies have recommended social distancing, a requirement that persons remain at least six feet from each other, to employ good hygiene practices, and to avoid touching your eyes, nose, and mouth with unwashed hands. https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html (last visited 04/21/2020).

In the period between January 21, 2020, when the first COVID-19 case was officially diagnosed in the United States² and April 21, 2020, there have been 802,583 cases and 44,575 deaths.³ https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last visited 04/22/2020).

In Louisiana, as in many states, Governor John Bel Edwards has issued a stay-at-home order, in an effort to "flatten the curve," i.e., to prevent the number of cases from overwhelming the health care systems. There have been 22,258 reported cases in Louisiana and 1,473 deaths. http://ldh.la.gov/Coronavirus/ (last visited 04/22/2020). Among those deaths are seven (7) prisoners who were housed at the Oakdale correctional facilities. https://www.kplctv.com/2020/04/16/seventh-inmate-oakdale-federal-prison-dies-coronavirus/.

II. FACTUAL ALLEGATIONS AND PROCEDURAL HISTORY

Petitioners, represented by attorneys for the American Civil Liberties Union ("ACLU"), filed the instant lawsuit on April 6, 2020. [Doc. No. 1]. Petitioners seek to represent themselves and members of a class, comprised of persons presently and in the future residing at Federal Correctional Institute ("FCI") Oakdale I and FCI Oakdale II, which includes the Camp (collectively "Oakdale").⁴

Petitioners assert that they "bring this putative class action pursuant to 28 U.S.C. § 2241 for relief from detention that violates their Eighth Amendment rights under the U.S. Constitution" and that the "Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C. § 2241 (habeas corpus), 28 U.S.C. § 1651 (All Writs Act), Article I, § 9, cl. 2 of the U.S. Constitution (Suspension Clause), and 28 U.S.C. § 1331 (federal question jurisdiction)." [Doc. No. 1, ¶¶ 12-13].

Petitioner Brandon Livas, BOP No. Register 37736034, is detained in the satellite camp at Oakdale (FCI Oakdale II). He alleges as follows:

He is 35 years old. He is diabetic and suffers from acute pancreatitis

. He has no access to hot water and soap, and he cannot practice social distancing—he lives in a dorm-style barracks with a bed that is less than three feet away from his nearest neighbor. As part of his job duties at Oakdale, he is expected to clean about six prison offices. He is serving a 15-month sentence for fraud that began on December 2, 2019. He is a first-time, nonviolent offender.

[Doc. No. 1, ¶ 15].

Petitioner Richard Joseph Buswell, BOP Register No. 15618035, is detained at Oakdale (FCI Oakdale II). He alleges as follows:

He is 51 years old. He has access to communal bars of soap that are filthy; they are shared by about 125 people at four sinks; those 125 people share six showers and eight filthy toilets. He suffers from asthma

, hypertension, and sleep apnea ; he sleeps with a CPAP device. He is serving a 10-year sentence for conspiracy to commit securities fraud and an 8-year concurrent sentence for distribution of synthetic marijuana.

[Doc. No. 1, ¶ 16].

Petitioner Johnny Smith, BOP Register No. 33172034, is detained at Oakdale (FCI Oakdale I). He alleges as follows:

He is 49 years old and suffers from hypertension

and a thyroid condition.

[Doc. No. 1, ¶ 17].

Petitioner Carlos Lorenzo Martin, BOP Register No. 15029043, is detained at Oakdale (FCI Oakdale II). He alleges as follows:

He is 35 years old and has compromised lungs due to childhood asthma

. He is housed in a room which sleeps 72 prisoners in bunks arranged in rows, such that when he sleeps he can reach out and touch the person next to him on either side. He was convicted of a drug charge and is slated for release in eight months.

[Doc. No. 1, ¶ 18].

Petitioner Dewayne Corbett, BOP Register No. 21703171, is detained at Oakdale (FCI Oakdale I). He alleges as follows:

He is 58 years old and in chronic care. He has a respiratory disorder involving a 9 4-by-5-millimeter nodule on his lung and is awaiting a CT scan

, so he feels he needs to socially distance but cannot.

[Doc. No. 1, ¶ 19].

Petitioner Gaines Andrews, BOP No. Register 44677379, is detained in the satellite camp at Oakdale (FCI Oakdale II). He alleges as follows:

He is 39 years old and suffers from asthma

. He is the head of maintenance and frequently makes deliveries to FCI Oakdale I. As part of his job duties at Oakdale, he is helping construct tent camps in the prison recreation yard along with bunk houses and showers for prison staff. He pleaded guilty to a single count of conspiracy to distribute methamphetamine and received a 10-year sentence; he is scheduled for release on October 28, 2022.

[Doc. No. 1, ¶ 20].

Petitioners allege that all inmates at Oakdale face "a particularly acute threat of illness, permanent injury, and death." [Doc. No. 1, ¶ 33]. This is so because it is "virtually impossible for people who are confined...