Dixon v. Ivey (INMATE 1)

CourtDistrict Court, M.D. Alabama
DecidedJune 26, 2020
Docket2:20-cv-00248
StatusUnknown

This text of Dixon v. Ivey (INMATE 1) (Dixon v. Ivey (INMATE 1)) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. Ivey (INMATE 1), (M.D. Ala. 2020).

Opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

DARRYL LYNN DIXON, #161637, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 2:20-CV-248-WHA ) KAY IVEY, et al., ) ) Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE I. INTRODUCTION1 Darryl Lynn Dixon, a state inmate proceeding pro se, filed this 42 U.S.C. § 1983 action challenging the constitutionality of conditions at the Red Eagle Honor Farm (“Red Eagle”).2 Specifically, Dixon contends the conditions at Red Eagle are hazardous to his health due to the coronavirus pandemic, otherwise known as COVID-19, and his potential risk of exposure to the virus while incarcerated. Doc. 1 at 10 (“Being subjected to ‘places

1 All documents and attendant page numbers cited in this Recommendation are those assigned by the Clerk in the docketing process.

2 Dixon is currently incarcerated on three convictions for first degree robbery entered against him in 2009 and the concurrent twenty year sentences imposed upon him for these convictions by the circuit courts of Shelby and Jefferson counties. The court obtained this information from the public records of the Alabama Department of Corrections and the case action summaries of these state courts maintained by the Alabama Trial Court System (hosted, respectively, at http://www.doc.state.al.us/inmatehistory and www.alacourt.com). As permitted by applicable federal law, the court takes judicial notice of these records. See Keith v. DeKalb Cnty., 749 F.3d 1034, 1041 n.18 (11th Cir. 2014) (“We take judicial notice of [the state’s] Online Judicial System.”) (citing Fed. R. Evid. 201) (providing that “[t]he court may judicially notice a fact that is not subject to reasonable dispute because it . . . can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.”)); see also Coney v. Smith, 738 F.2d 1199, 1200 (11th Cir. 1984). where people are forced to be in close proximity’ which ‘are breeding grounds for the virus’ which could possibly lead to death of inmates within the walls and confinement of the Alabama Department of Corrections is cruel and unusual.”). Dixon further alleges the defendants have acted with deliberate indifference to his health and safety during the pandemic because they have not fully undertaken the measures recommended by health

officials to stem the spread of the highly contagious virus and cannot do so in the prison environment. Doc. 1 at 12–13 (“Inmates incarcerated within the confines of the facilities of the Alabama Department of Corrections are unwillingly restricted from adhering to the warnings, mandates, orders, etc. imposed upon or recommended to the public [by various health officials] to protect us from the substantial harm and possible death from COVID-

19.”). In support of his allegations, Dixon references the fact that inmates are “‘forced to be in close proximity’ within the confinement of the Alabama Department of Corrections[.]” Doc. 1 at 13–14. Dixon demands relief because he is “subjected to the possibility of contracting the potentially deadly virus known as COVID-19 otherwise ‘coronavirus’.” Doc. 1 at 13.

Dixon seeks a declaratory judgment, both preliminary and permanent injunctive relief directing the immediate mass release of inmates who meet any one of numerous criteria he has identified in the complaint as warranting release, the costs of this suit and other relief the court deems appropriate. Doc. 1 at 14–17. In addition to requiring a response to the complaint, the court also entered an order directing the necessary defendants to file a

response to the request for issuance of a preliminary injunction and they have done so. Upon consideration of the motion for preliminary injunction and after thorough review of the response thereto filed by defendants Kay Ivey, Charles Tipton and Jefferson S. Dunn, the undersigned finds that such motion is due to be denied. II. DISCUSSION A. COVID-19

In accord with the United States District Court for the Northern District of Alabama, this court likewise observes that Judge Wood of the Southern District of Georgia summarized accurately and succinctly the background of the COVID-19 pandemic facing our nation. Her description is consistent with the parties’ submissions.

The first outbreak of the virus causing COVID-19 is believed to have originated in late 2019 in Wuhan, China. Within months, the World Health Organization (“WHO”) declared COVID-19 to be a pandemic. In February 2020, community transmission of Coronavirus was detected in the United States. Since then, the virus has continued to spread rapidly, infecting hundreds of thousands of people in this country as of the writing of this opinion.3

To date, there is no known vaccine to protect against COVID-19, nor is there an antiviral treatment for those who are infected. Instead, the most effective approach to minimizing fallout from the disease is to stay clean and to avoid contact with others. Specifically, the CDC recommends, inter alia, frequent handwashing, avoiding close contact with others, using face coverings while in public, and cleaning and disinfecting frequently touched surfaces.

Symptoms from exposure to Coronavirus range from mild cold-like symptoms to severe respiratory distress and even death. Though relatively little is known about the risk factors for COVID-19, preliminary data suggests that older adults and individuals with certain underlying medical conditions are most susceptible to developing serious medical complications from the infection.

3 As of the date of this Recommendation, the virus has infected over two million people in the United States. Conditions that might increase the risk of death or permanent injury from COVID-19 include, but are not limited to, chronic lung disease, severe obesity, diabetes, liver disease, serious heart conditions, and other conditions that comprise the immune system, such as HIV or AIDS.

Benavides v. Gartland, 2020 WL 1914916 *1–2 (S.D. Ga. April 18, 2020) (footnotes omitted)

Archilla v. Witte, 2020 WL 2513648, at *2 (N.D. Ala. May 15, 2020) (footnote added). As recently stated by the Eleventh Circuit, [i]t would be a colossal understatement to say that the COVID-19 pandemic has had far-reaching effects. It has changed everything from the way that friends and families interact to the way that businesses and schools operate to the way that courts hear and decide cases. The virus, though, poses particularly acute challenges for the administration of the country’s jails and prisons. Because incarcerated inmates are necessarily confined in close quarters, a contagious virus represents a grave health risk to them—and graver still to those who have underlying conditions that render them medically vulnerable. And for their part, prison officials are faced with the unenviable (and often thankless) task of maintaining institutional order and security while simultaneously taking proper care of the individuals in their custody.

Swain v. Junior, ––– F.3d –––, 2020 WL 3167628, *1 (11th Cir. June 15, 2020).

B. Response to COVID-19 by the Centers for Disease Control and Prevention On March 23, 2020, the United States Centers for Disease Control and Prevention (“CDC”) issued its “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correction and Detention Facilities” in response to the COVID-19 pandemic. See Doc. 29-1 at 11–37.

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Bluebook (online)
Dixon v. Ivey (INMATE 1), Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-ivey-inmate-1-almd-2020.