Busby v. Bonner
What's at Stake
Medically vulnerable people and people with disabilities detained at Shelby County Jail are at grave risk of severe injury or death from COVID-19. An outbreak is already underway, and has infected hundreds of people living and working in the Jail. One staff member has died as a result. Social distancing is impossible, basic hygiene is deficient, and the jail isn’t properly screening, identifying cases, or quarantining people who have been exposed to the virus.
Summary
Because there is no way for vulnerable people to keep themselves safe in the Jail environment, and because local officials have failed to act properly, the only appropriate response is to release those who face grave illness and possible death if they remain in the Shelby County Jail to get sick. These failures are harming and will continue to harm Black people and other People of Color disproportionately: Recent analysis of CDC data shows that the COVID-19 mortality rate among Black Americans is 2.6 times that of white Americans. On any given day, Black people make up 86 percent of the population of the Shelby County Jail.
Being incarcerated under circumstances that jeopardize one’s health and safety is unconstitutional and violates the Americans with Disabilities Act and the Rehabilitation Act. We filed this lawsuit seeking the immediate release of medically-vulnerable people from the Shelby County Jail and to prevent serious illness and death. This request is consistent with the uniform recommendations of public health experts and epidemiologists. Most people in the Shelby County Jail are there pretrial and can be safely released to await future court dates from their homes, including with supervision and supports if necessary.
Urgent action is needed to prevent significant harm to those incarcerated and the surrounding community. Unchecked, rampant outbreaks of COVID-19 in jails, like the one under way in the Shelby County Jail, will harm everyone, most devastatingly the incarcerated people facing the greatest harms in violation of their rights. This lawsuit was filed with the ÀÏ°ÄÃÅ¿ª½±½á¹û of Tennessee, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Just City, and attorneys Brice Timmons and Steven Mulroy.
Legal Documents
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06/01/2023
Amended Consent Decree (Doc. 361) -
04/25/2023
Independent Inspector’s Eighth Report (April 2023) -
05/21/2020
Petition for Writ of Habeas Corpus -
05/21/2020
Motion for Temporary Restraining Order -
05/21/2020
Declaration of Dr. Nina H. Fefferman -
05/21/2020
Declaration of Dr. Joe Goldenson -
05/21/2020
Declaration of Dr. Marie Griffin -
05/21/2020
Declaration of Josie Holland -
05/21/2020
Declaration of Bill Powell -
05/21/2020
Declaration of Ann L. Schiller -
05/21/2020
First Declaration of Josh Spickler -
05/21/2020
Declaration of Michael R. Working -
05/21/2020
Declaration of Stella Yarbrough -
05/21/2020
Second Declaration of Josh Spickler -
05/21/2020
Motion for Class Certification -
05/21/2020
Motion for Expedited Consideration -
06/12/2020
Order denying Motion to Dismiss and Granting Class Certification -
06/17/2020
Order addressing Temporary Restraining Order -
06/17/2020
Letter to Court regarding Proposed Inspectors -
06/17/2020
First Amended Complaint -
08/04/2020
Inspection report by Mike Brady -
08/04/2020
Expert Report of Dr. Homer D. Venters -
08/04/2020
Plaintiff's Proposed Findings of Fact and Conclusions of Law -
08/04/2020
Order denying Second Motion to Dismiss -
09/15/2020
Proposed Amended Complaint -
01/22/2021
Consent Decree -
02/01/2021
Order Granting Preliminary Approval of Class Action Settlement -
04/11/2021
Shelby County Jail Independent Inspector Mike Brady First Report -
05/19/2021
Memorandum of Law in Support of Motion to Enforce Consent Decree -
08/16/2021
Shelby County Jail Independent Inspector Mike Brady Second Report -
08/02/2021
Shelby County Jail Independent Inspector Mike Brady Third Report -
08/19/2021
Shelby County Jail Independent Inspector Mike Brady Fourth Report -
08/31/2021
Order Denying Defendants' Motion to Terminate the Consent Decree -
09/09/2021
Government Appeal of Order Denying Motion to Terminate Consent Decree -
09/17/2021
Transcript of Evidentiary Hearing- August 6, 2021 -
09/17/2021
Transcript of Evidentiary Hearing- August 9, 2021 -
02/10/2022
Jail Ventilation Expert’s Findings of Deficiencies -
03/08/2022
Independent Inspector’s Fifth Report (Feb. 2022) -
01/09/2023
Independent Inspector’s Seventh Report (January 2023)
Date Filed: 06/01/2023
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 04/25/2023
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/21/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 06/12/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 06/17/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 06/17/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 06/17/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/04/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/04/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/04/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/04/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 09/15/2020
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 01/22/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 02/01/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 04/11/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 05/19/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/16/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/02/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/19/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 08/31/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 09/09/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 09/17/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 09/17/2021
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 02/10/2022
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 03/08/2022
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
Date Filed: 01/09/2023
Court: District Court (W.D. Tenn.)
Affiliate: Tennessee
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09/22/2021
Appellees' Opposition to Appellants' Motion to Stay the District Court Order -
01/09/2023
Opinion (December 14, 2022)
Date Filed: 09/22/2021
Court: Appeals Court (6th Cir.)
Affiliate: Tennessee
Date Filed: 01/09/2023
Court: Appeals Court (6th Cir.)
Affiliate: Tennessee
Press Releases
Advocates Reach Agreement with Shelby County Sheriff to Fix Dangerous Pandemic Jail Conditions
Local and National Groups File Amended Lawsuit Demanding Immediate Relief for Horrid Conditions in Shelby County Jail
Groups File Lawsuit Against Shelby County Jail Seeking Release of Those Most At Risk of COVID