Quadrelli v. Moniz

CLEBERSON QUADRELLI and ABDY NIZEYIMANA, on behalf of themselves andall others similarly situated, Petitioners, v. ANTONE MONIZ, Superintendent, Plymouth County Correctional Facility, Respondent.

Civil Action No. 20-cv-10685-ADB

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

June 8, 2020

MEMORANDUM AND ORDER ON MOTION FOR CLASS CERTIFICATION

BURROUGHS, D.J.

This action was initiated on April 7, 2020, when a group of pro se civil immigration detainees ("Petitioners") at Plymouth County Correctional Facility ("PCCF") filed a petition for a writ of habeas corpus pursuant to 22 U.S.C. § 2241, naming Antone Moniz, Superintendent of PCCF ("Respondent"), as a respondent. [ECF No. 1]. Petitioners are seeking release through parole or bond, and a fast-tracking of their immigration cases due to their concerns about the risk of contracting COVID-19 while confined in a state correctional facility. [ECF No. 1 at 6-7]. Since filing their petition, several Petitioners have been terminated from the case due to release or transfer from PCCF, others have joined the case, and some have obtained counsel. At this time, there are forty petitioners actively seeking relief under two separate petitions. [ECF Nos. 1, 119]. Presently before the Court is a motion for class certification. [ECF No. 84]. For the reasons set forth below, the motion, [ECF No. 84], is GRANTED.

I. BACKGROUND

A. Factual Background

On March 11, 2020, the World Health Organization ("WHO") announced that, due to the "alarming levels of spread and severity, and by the alarming levels of inaction," it had "made the assessment that COVID-19 can be characterized as a pandemic." WHO, Director-General's Opening Remarks at the Media Briefing on COVID-19 (Mar. 11, 2020). Several weeks later, on March 23, 2020, the Commonwealth of Massachusetts, through an executive order signed by Governor Baker, limited activities taking place outside of the home through mandatory closure of non-essential businesses and a stay-at-home advisory issued by the Department of Public Health. Office of the Governor, COVID-19 Order No. 13 (Mar. 23, 2020). In response to these events, Petitioners initiated this action in early April, raising concerns about their safety at PCCF while being detained in connection with their respective immigration matters. [ECF No. 1].

The Centers for Disease Control and Prevention ("CDC") states that "COVID-19 spreads mainly among people who are in close contact (within about 6 feet) for a prolonged period," and recommends that individuals practice "social distancing" because "keeping space between [individuals] is one of the best tools we have to avoid being exposed to this virus and slowing its spread locally and across the country and world." CDC, Social Distancing: Keep Your Distance to Slow the Spread (last updated May 6, 2020), https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html (last visited June 2, 2020). Even if an individual shows no signs of illness, the CDC advises that, "[s]ince people can spread the virus before they know they are sick, it is important to stay away from others when possible, even if you—or they—have no symptoms." Id. The CDC has also issued guidance specific to correctional facilities, recognizing that "[a]lthough social distancing is challenging to practice incorrectional and detention environments, it is a cornerstone of reducing transmission of respiratory diseases such as COVID-19." CDC, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, at 4 (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/downloads/guidance-correctional-detention.pdf. As of June 7, 2020, there were 103,436 cases of COVID-19 in Massachusetts with 8,363 cases in Plymouth County. Massachusetts Department of Public Health, COVID-19 Dashboard, https://www.mass.gov/doc/covid-19-dashboard-june-7-2020 (last visited June 8, 2020).

Petitioners are currently being held in Unit C-3 at PCCF. [ECF No. 22-1 ¶¶ 9, 12]. As of June 2, 2020, seven employees and two inmates at PCCF have tested positive for COVID-19, though none of these individuals worked within or were detainees in Petitioners' unit. [ECF Nos. 51, 61-1, 69, 97, 131]. As of April 15, 2020, each Petitioner in Unit C-3 (nearly sixty petitioners at that time) had their own cell. [ECF No. 22-1 ¶ 9].

Respondent has submitted affidavits from the Plymouth County Sheriff, Joseph D. McDonald, Jr., [ECF No. 22-1], who oversees the operation of PCCF, and from PCCF's Medical Director, Dr. Lawrence Baker, [ECF No. 22-2], outlining the steps PCCF has taken in response to COVID-19. These steps include: suspending visits from friends, family members, and volunteers; preventing non-essential staff from entering the facility; suspending work crew and similar assignments that would result in inmates leaving and reentering the facility; isolating newly admitted inmates in a separate unit for a period of time; reducing inmate travel by conducting hearings via video and teleconference; splitting recreational and meal times to reduce the number of inmates who are in the same room at a given time; maintaining an "aggressive cleaning schedule"; educating staff and inmates on sanitation and social distancing practices;providing soap and cleaning supplies to inmates weekly and as needed; conducting temperature screenings for all employees, contractors, and visitors; and providing surgical masks for all staff and inmates. [ECF No. 22-1 ¶ 6].

In addition to these precautions, there is a full-time medical staff on duty at PCCF twenty-four hours a day, seven days a week, including a doctor who is on site forty hours per week and a nurse practitioner who is on site thirty-six hours per week, as well as around-the-clock on-call coverage. [ECF No. 22-1 ¶ 3]. In addition to drafting guidelines specific to screening for and treating individuals who have or are suspected of having COVID-19, information about the virus and its spread has been posted in all units and visiting areas. [ECF No. 22-2 ¶¶ 8, 15]. The medical team is also monitoring all inmates who have reported chronic diseases or co-morbidities that make them more susceptible to infection. [Id. ¶¶ 20, 22].

Petitioners acknowledge that Respondent has taken steps to protect inmates' health but argue that these steps are insufficient. [ECF No. 42 at 4; ECF No. 85 at 5]. Petitioners allege that, despite the fact that inmates and staff have been issued masks, not all individuals wear them. [ECF No. 42 at 8]. In addition, Petitioners state that they cannot maintain social distance when lining up for and sitting during meal and recreation times, when using the telephones, or when lining up for medication or visits with medical staff. [Id. at 4-6].

In support of the motion for class certification, Petitioners have submitted an affidavit from Dr. Yonatan Grad ("Dr. Grad") and Emma Accorsi ("Accorsi"), both of whom are affiliated with Harvard University's T.H. Chan School of Public Health. [ECF No. 122]. Their affidavit highlights the risks of COVID-19 to those who are confined in crowded, indoor spaces with shared facilities where "the virus can easily spread through shared spaces such as toilets, showers, and eating areas because it can remain on surfaces for up to 72 hours." [ECF No. 122¶ 7]. Dr. Grad and Accorsi also note that recent studies of incarcerated populations suggest that the majority of inmates who test positive for COVID-19 are asymptomatic and conclude that PCCF is not conducting sufficient testing to detect asymptomatic cases. [Id. ¶¶ 8-10].

B. Procedural Background

There are two operative petitions in this action. [ECF Nos. 1, 119]. On April 15, 2020, Respondent moved to dismiss the first-filed petition, [ECF No. 21], which Petitioners opposed in various filings, [ECF Nos. 35, 42, 45, 49, 52-54, 58]. On May 5, 2020, the Court denied Respondent's motion to dismiss, finding that the Court had subject matter jurisdiction to consider the petition and that Petitioners had alleged facts sufficient to state a plausible claim. [ECF No. 79]. Also on May 5, 2020, Petitioners Cleberson Quadrelli and Abdy Nizeyimana ("Movants") filed the present motion for class certification on behalf of themselves and similarly situated petitioners. [ECF No. 84 at 1].¹ Respondent opposes the motion, [ECF No. 108], and Movants replied to the opposition, [ECF No. 130].

II. LEGAL STANDARD

To obtain class certification under Federal Rule of Civil Procedure 23, a plaintiff must first satisfy the four requirements of Rule 23(a). They must demonstrate that:

(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.

Fed. R. Civ. P. 23(a). These requirements "ensure[] that the named plaintiffs are appropriate representatives of the class whose claims they wish to litigate." Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 349 (2011). "The Rule's four requirements—numerosity, commonality, typicality,and adequate representation—'effectively limit the class claims to those fairly encompassed by the named plaintiff's claims.'" Id. (quoting Gen. Tel. Co. of the Sw. v. Falcon, 457 U.S. 147, 156 (1982)). "The party must also satisfy through evidentiary proof at least one of the provisions of Rule 23(b)." Comcast Corp. v. Behrend, 569 U.S. 27, 33 (2013); see also Crowe v. ExamWorks, Inc., 136 F. Supp. 3d 16, 48 (D. Mass. 2015) ("[P]laintiffs must also satisfy one of the elements of Rule 23(b) to obtain class certification.").

"Rule 23 does not set forth a mere pleading standard. A party seeking class certification must affirmatively demonstrate his compliance with the Rule . . . ." Wal-Mart Stores, 564 U.S. at 350. The Court must engage in...