Petition for Writ of Certiorari — Christopher Adams, et al., Petitioners v. Tony Parker, et al.

Supreme Court briefAug 25, 2020

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APPENDIX

TABLE OF contents

Appendix A^U.S. CourtofAppe.aU for HieSixth Circuit...............................

pageCs)

AI -AG

Appendix 8,u,S. DistrictCourt for the Eastern District of Tennessee. . . .

Appendix C *Verified Class Action Complaint foe Declaratory and Injunctive Relief

Cl-CVff

AppendixD«» Appendix of the Complaint's Exhibits with Index .....

01-0131

•Exhibit I , TDOC Policy S0(o. 13 ^ Identification of InmatCS*.) with t wo wewo's from BCCX

Associate hAvrden of Security.............................

D3-D II

•Exhibit A jTdoc Policy faA.oS.)Definitions of Disciplinary Offences

Di4-0ff

* Exhibit 3t United States Department of Health and Human Services nCenters for

Disease Control and Prevention ^foi A request # it- oiou-foiA • * • D l *1-115

'Exhibit ^TbaC Policy 5o5.CT^ Inmate Programming (dobs/CUsSes/lredWwf). . Dlfc-D IS

* Exhibit S^TlJOC Policy ll(©.Ob^ Sanitation of Food Services. • * *

.D76-DSG

* Exhibit6,Tt>oc Policy U3.4&^ tommohicahie Diseases........... ..

D87-D ‘01

* Exhibit T^Tdcc Policy U9. .&3^ Occupational Health and Safety

IDtOd-PlOfc

'Exhibit 8, TDOC. Grievance Number 33 5103^ Letter V to Farmer Dodson n and Generic

Imminent Health Uaeacd Pored toTDOC, Inmates and Civilians ^ which had

a co py of the response to Adams* petition for declarcdovy order e #> •* DloT-DlJl

Appendix E,TDC>H Food Service Establishment Ins paction Report and Declaration of

ei-£7

Christopher Adams

I

Case: 19-6426

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Filed: 06/29/2020

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NOT RECOMMENDED FOR PUBLICATION

FILED

Jun 29, 2020

DEBORAH S. HUNT, Clerk

No. 19-6426

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

CHRISTOPHER ADAMS; BRUCE A. SMILEY;

WARREN DAVIS; JAMES SPANN; GARY

SEELEY; CHAD BELL; ROY ROGERS; JOHN

SAULSBERRY; JOSEPH OVERMAN; RICHARD

CALFEE; RONALD HAYES; BARRY N.

WADDELL; CARLOS AGUILAR,

)

)

)

)

)

)

)

)

)

)

Plaintiffs-Appellants,

v.

TONY PARKER; LEE DODSON, in their official

capacities,

Defendants-Appellees.

ON APPEAL FROM THE UNITED

STATES DISTRICT COURT FOR

THE EASTERN DISTRICT OF

TENNESSEE

)

)

)

)

)

)

ORDER

Before: SUTTON, McKEAGUE, and NALBANDIAN, Circuit Judges.

Tennessee prisoners Christopher Adams, Bruce A. Smiley, Warren Davis, James Spann,

Gary Seeley, Chad Bell, Roy Rogers, John Saulsberry, Joseph Overman, Richard Calfee, Ronald

Hayes, Barry N. Waddell, and Carlos Aguilar (“Appellants”), proceeding pro se, appeal the

judgment of the district court dismissing their 42 U.S.C. § 1983 civil rights complaint for failure

to state a claim upon which relief could be granted. This case has been referred to a panel of the

court that, upon examination, unanimously agrees that oral argument is not needed. See Fed. R.

App. P. 34(a).

The Appellants filed their complaint against the Tennessee Department of Corrections

(“TDOC”) Commissioner Tony Parker and Assistant Commissioner Lee Dodson, alleging that

APPeMDIX

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-2Parker and Dodson violated their rights to be free from cm el and unusual punishment under the

Eighth Amendment by mandating that inmates wear wristbands in an administrative policy issued

in October 2018. The Appellants asserted their claims on behalf of themselves and all “similarly

situated, current and future, Tennessee Department of Corrections (“TDOC”) inmates, correctional

officials, volunteers, and visitors.”

They explained that the wristbands are color-coded and

attached with “metal dual-grip fasteners” and are used to “enhance security measures of inmates

attempting to enter unauthorized areas of the facility.” Inmates are segregated and charged with

defiance if they refuse to wear the wristbands, and they are charged with destruction of state

property if they attempt to alter or tamper with the wristbands.

The Appellants assert that the bands present several dangers. First, because the wristbands

may not be taken off and are designed to be worn snugly on the wrist, it is difficult to clean them

and inmates are at risk generally for bacterial and viral infections. Second, inmates who work in

food service risk passing on foodbome diseases to other inmates. Third, the Appellants assert that

inmates who work near heavy machinery could snag the wristbands on machinery, which could

result in serious injury or death. Likewise, the wristbands could become electrically charged near

circuitry, which could also result in serious injury.

Finally, the Appellants assert that the

wristbands can result in abrasions to the skin because of sharp edges. The Appellants requested

declaratory relief in the form of an order that the wristband policy is unconstitutional and an

injunction requiring the immediate removal of the wristbands and permanently prohibiting them.

With their complaint, the Appellants filed a motion for the appointment of counsel and a motion

to certify a class action.

The district court addressed the Appellants’ motions before screening their complaint

pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. The court concluded that the appointment of

counsel was unnecessary because this was a non-complex § 1983 case and the Appellants’ filings

made it evident that they were capable of presenting their legal arguments. The district court next

concluded that class certification was not appropriate because pro se litigants may not represent

the interests of others. Finally, the district court concluded that the Appellants had failed to set

forth a plausible claim that the policy requiring the wearing of wristbands violated the Eighth

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-3 Amendment. The district court therefore dismissed the complaint for failure to state a claim upon

which relief could be granted.

On appeal, the Appellants assert that they set forth a valid conditions-of-confmement claim

under § 1983 and that the district court committed reversible error by sua sponte dismissing their

complaint, failing to appoint counsel, and failing to certify their complaint as a class action. The

Appellants have also filed a motion for an injunction pending appeal, requesting that the court

order the wristbands to be removed but preserved so that they may be tested by a laboratory “to

determine the type and level of pathogens contained therein and thereon.”

We review de novo a district court’s decision to dismiss a complaint with prejudice

pursuant to 28 U.S.C. § 1915(e)(2) as frivolous or for failure to state a claim.

McGore v.

Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997). “[T]o survive scrutiny under §§ 1915A[ ] and

1915(e)[ ], ‘a complaint must contain sufficient factual matter, accepted as true, to state a claim

for relief that is plausible on its face.’” Hill v. Lappin, 630 F.3d 468, 471 (6th Cir. 2010) (quoting

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). Dismissal for failure to state a claim “is a test of the

plaintiffs cause of action as stated in the complaint, not a challenge to the plaintiffs factual

allegations.”' Golden v. City of Columbus, 404 F.3d 950, 958-59 (6th Cir. 2005).

In order to state a claim that prison conditions violate the Eighth Amendment under § 1983,

an inmate must show that prison officials acted with “deliberate indifference” to the inmate’s

health or safety. Farmer v. Brennan, 511 U.S. 825, 828-29 (1994). Deliberate indifference is a

higher standard than negligence, and it contains objective and subjective components. Id. at 834;

Harrison v. Ash, 539 F.3d 510, 518 (6th Cir. 2008). The risk of harm to the prisoner caused by

the conditions of confinement must have been, objectively, sufficiently serious to require

constitutional protection. Farmer, 511 U.S. at 834. The subjective component requires the inmate

to “show that (1) ‘the official being sued subjectively perceived facts from which to infer a

substantial risk to the prisoner,’ (2) the official ‘did in fact draw the inference,’ and (3) the official

‘then disregarded that risk.’” Richko v. Wayne County, 819 F.3d 907, 915-16 (6th Cir. 2016)

(quoting Rouster v. County of Saginaw, 749 F.3d 437, 446 (6th Cir. 2014)).

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-4 The district court did not err by concluding that the Appellants’ complaint did not set forth

sufficient allegations to conclude that the wearing of wristbands was objectively serious enough

to violate the Eighth Amendment.

“Harsh and uncomfortable prison conditions do not

automatically create an Eighth Amendment violation.” Agramonte v. Shartle, 491 F. App’x 557,

560 (6th Cir. 2012). Rather, an “extreme deprivation” must be alleged. Hudson v. McMillian, 503

U.S. 1, 9 (1992). Moreover, although the Eighth Amendment does protect against future harm, it

protects detainees from deliberate indifference to “sufficiently imminent dangers." Helling v.

McKinney, 509 U.S. 25, 34 (1993) (emphasis added).

The Appellants allegations do not rise to this level primarily because the complaint asserts

only general concerns about wearing of wristbands, but does not set forth enough facts to conclude

that the wristbands constitute a substantial risk to inmate safety.

Accepting the Appellants’

assertion that more than half of them “have noticed and/or experienced increased instances of.

common colds, persistent coughs, diarrhea, and vomitting [sic] since the inception of the

wristbands, those facts fall short of a showing that the wristbands pose are objectively harmful.

As the district court noted, even if the wristbands pose some risk of passing on germs from one

inmate to another, the risk is not greater than that posed to anyone in the general public who does

not personally prepare “from ‘farm to table’” any food or drink they consume. In sum, the risks

associated with the wristbands do not result in “[injhumane conditions of confinement.” See

Farmer, 511 U.S. at 832; see also Reed v. Allen, 379 F. App’x 879, 881 (11th Cir. 2010) (per

curiam) (finding prison policy requiring HIV-positive inmates to wear white wristbands did not

violate any clearly established constitutional right).

The Appellants’ allegations regarding job-related accidents as a result of the wristbands

such as injuries from machinery or electrical currents are. even more specious. The allegations

regarding these possible scenarios are both speculative and conclusory, which fail to state a claim.

Agramonte, 491 F. App’x at 560. Moreover, as the Appellants acknowledge, the wristbands were

mandated to comport with state health and safety standards and to be made of hypoallergenic

materials.

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-5The Appellants claims that the district court erred by denying their motions for the

appointment of counsel and for class certification also do not warrant relief. We review the denial

of a motion for the appointment of counsel for an abuse of discretion. Lavado v. Keohane, 992

F.2d 601, 605 (6th Cir. 1993). A plaintiff does not have a constitutional right to counsel in a civil

case; rather, the appointment of counsel is “justified only by exceptional circumstances.” Id. at

605-06. Although the Appellants challenge this requirement as an “excessively high hurdle” for a

prisoner to clear and in conflict with other courts, we are bound by this court’s precedent. See

Salmi v. Sec’y of Health & Human Servs., 11A F.2d 685, 689 (6th Cir. 1985).

Proper considerations in determining whether to appoint counsel include the plaintiffs

ability to represent himself, the type of case, and the “complexity of the factual and legal issues

involved.” Lavado, 992 F.2d at 606 (quoting Cookish v. Cunningham, 787 F.2d 1, 3 (1st Cir.

1986)). As the district court concluded, the Appellants did not demonstrate any exceptional

circumstance that warranted the appointment of counsel.

The record establishes that the

Appellants submitted a thoroughly researched and well-written complaint that indicated they could

adequately represent themselves. In any event, the appointment of counsel would not alter the

substance of their allegations, which did not set forth an actionable Eighth Amendment violation.

The district court’s denial of counsel was not an abuse of discretion.

We also review the denial of class certification for an abuse of discretion. Rikos v. Procter

& Gamble Co., 799 F.3d 497, 504 (6th Cir. 2015). No abuse of discretion was apparent here in

refusing to permit pro se plaintiffs without legal training to serve as class representatives. See

Heard v. Caruso, 351 F. App’x 1, 15 (6th Cir. 2009); Debrew v. Atwood, 792 F.3d 118, 132 (D.C.

Cir. 2015) (collecting cases).

Finally, the Appellants assert that they should have been allowed to amend their complaint or that

the district court should have only dismissed portions of it that were found to be lacking. Although

the Appellants correctly note that the district court could have allowed the Appellants to file an

amended complaint before dismissal, it was under no obligation to do so on its own initiative, and

the Appellants never asked for permission to amend. See Sinay v. Lamson & Sessions Co., 948

F.2d 1037, 1041—42 (6th Cir. 1991). Nor do the Appellants explain how they would have cured

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-6the complaint’s defects if given the opportunity. See Riverview Health Inst. LLC v. Med. Mut. Of

Ohio, 601 F.3d 505, 512 (6th Cir. 2010).

For the foregoing reasons, we AFFIRM the

judgment of the district court. We DENY the Appellants’ motion for an injunction pending appeal

as moot.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

CHRISTOPHER ADAMS, BRUCE

SMILEY, WARREN DAVIS, JAMES

SPANN, GARY SEELEY, CHAD BELL,

ROY RODGERS, JOHN SAULSBERRY,

JOSEPH OVERMAN, RICHARD

■ CALFEE, RONALD HAYES, BARRY

WADDELL, and CARLOS AGUILAR,

)

)

)

)

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Plaintiffs,

)

)

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)

v.

TONY PARKER and LEE DODSON

Defendants.

No.: l:19-CV-296-HSM-SKL

MEMORANDUM OPINION

Plaintiffs, who are all prisoners of the Tennessee Department of Correction-(“TDOC”)

-currently housed in the- Bledsoe County .Correctional Complex, have filed a “verified class action

complaint for declaratory and injunctive relief’ against Defendants arising out of a TDOC policy

that requires all inmates to wear plastic color-coded wristbands with a “metal dual grip fastener”

to prevent inmates from entering parts of the jail facility that they are not authorized to enter [Doc.

I], a motion to appoint counsel [Doc. 2], and a motion to certify class [Doc. 3]. Plaintiffs have

paid the filing fee [Doc. 1 (docket entry)]. The Court will address Plaintiffs’ motions before

screening the complaint.

I.

MOTION TO APPOINT COUNSEL

First, as to. Plaintiffs’ motion to appoint counsel, appointment of .counsel, in a civil

proceeding is not a.constitutional right, but.a privilege justified only in exceptional circumstances.

Lavado v. Keohane, 9-92. F. 2d 601,605 —6 (6th Cir, 1993). A district court has discretion to.-

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determine whether to appoint counsel for an indigent plaintiff. Reneer v. Sewell, 975 F.2d 258,

261 (6th Cir. 1992). In exercising that discretion, the district court should consider the nature of

the case, whether the issues are legally or factually complex, and the plaintiffs ability to present

his claims. Lavado, 992 F,2d at 605-6

"-Z

As to the first and second factors, this is a non-complex § 1983 case arising out of a TDOC

policy requiring inmates to wear plastic wristbands. As to the third factor, it is apparent from their

filings that Plaintiffs , are .capable of adequately presenting their legal arguments. Thus, after

considering the relevant factors, the Court finds that Plaintiffs are not entitled to appointment of

counsel. Accordingly, Plaintiffs’ motion to appoint counsel [Id.] will be DENIED.

II.

MOTION TO CERTIFY CLASS

Plaintiffs have also filed a motion to certify this lawsuit as a class action [Doc. 3], For a

case to proceed as a class action, the Court must be satisfied that the class has adequate class

representation, among other things. See Fed. R. Civ. P, 23(a)(4). It is well established, however,

that pro se litigants are inappropriate representatives of the interests of others. See Ziegler v.

Michigan,

90

F.

App’x

808,

810

(6th

Cir.

2004) (holding

that

“non-attorneys

proceeding pro se cannot adequately represent a class”); Palasty v. Hawk, 15 F. App’x 197, 200

(6th Cir. 2001) (holding that “pro se prisoners are not able to represent fairly the class”). As the

Court has determined above that Plaintiffs are not entitled to appointment of counsel in this case,

the Court will likewise DENY Plaintiffs’ motion for class certification [Id.].

III.

SCREENING

A. Standard

Under the Prison Litigation Reform Act (“PLRA”), district courts must screen prisoner

complaints and shall, at any time, sua sponte dismiss any claims that are frivolous or malicious,

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fail to state a claim for relief, or are against a defendant who is immune. See, e.g., 28 U.S.C. §§

1915(e)(2)(B) and 1915A; Benson v. O’Brian, 179 F.3d 1014 (6th Cir. 1999). The dismissal

standard articulated by the Supreme Court in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and in Bell

Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) “governs dismissals for failure state a claim under

[28 U.S.C. '§§ 1915(e)(2)(B) and 1915A] because the relevant statutory language tracks the

language in Rule 12(b)(6).” Hill v. Lapp in, 6 30 F.3d 468, 470-71 (6th Cir. 2010). Thus, to survive

an initial review under the PLRA', a complaint “must contain sufficient factual matter, accepted as

true, to ‘state a claim to relief that is plausible on its face.

>iy

Iqbal, 556 U.S. at 678 (quoting

Twombly, 550 U.S. at 570). Courts liberally construe pro se pleadings filed in civil rights cases

and hold them to a less stringent standard than formal pleadings drafted by lawyers. Haines v.

Kerner, 404 U.S. 519, 520 (1972).

A claim for violation of 42 U.S.C. § 1983 requires a plaintiff to establish that a person

acting under color of state law deprived him a federal right. 42 U.S.C. § 1983; Polk County v.

Dodson, 454 U.S. 312, 315 (1981).

B. Analysis

In their complaint, Plaintiffs allege that TDOC has implemented a policy under which

every inmate must wear a colored wristband fitted snugly to his wrist for security purposes which

violates their Eighth Amendment right to be free from-cruel and unusual punishment because it

exposes them to foodborne illnesses, places them in imminent danger of contracting bacterial and

viral infections, causes abrasions and puts them at risk of inficting abrasions on others, and puts

inmates working certain jobs at risk of physical injury as a result of the wristband snagging on

machinery and/or carrying an electronic charge through the metal clasp [Doc. 1 p. 11-44].

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The Eighth Amendment limits the power of the states to punish those convicted of crimes.

Specifically, the Eighth Amendment requires that a state’s punishment of prisoners may not be

“barbarous” or contravene society’s “evolving standards of decency.” Rhodes v. Chapman, 452

U.S. 337, 345-46 (1981). Accordingly, the Eighth Amendment prohibits the “unnecessary and

wanton infliction of pain.” Iveyv. Wilson, 832 F.2d 950, 954 (6th Cir. 1987) (per curiam) (quoting

Rhodes, 452 U.S. at 346).

However, “the Constitution does not mandate comfortable prisons,” Rhodes, 452 U.S. at

349, and “[n]ot every unpleasant experience a prisoner might endure while incarcerated constitutes

cruel and unusual punishment within the meaning of the Eighth Amendment.” Ivey, 832 F.2d at954. “Routine discomfort is ‘part of the penalty that criminal offenders pay for their offenses

against society.’” Hudson v. McMillian, 503 U.S. 1, 9 (1992) (quoting Rhodes, 452 U.S. at 347).

Thus, only “extreme deprivations” that deny a prisoner “‘the minimal civilized measure of life’s

necessities” will establish that a prisoner’s conditions of confinement violate the Eighth

Amendment. Id. at 8-9 (1992) (citations and quotations omitted).

Prison authorities may not, however, “ignore a condition of confinement that is sure or

very likely to cause serious illness and needless suffering the next week or month or year.” Helling

v. McKinney, 509 U.S. 25, 33 (1993).

Accordingly, in examining claims alleging that the

conditions of the plaintiffs confinement violate the Eighth Amendment, the court must determine

whether the risk of which the plaintiff complains is “so grave that it violates contemporary

standards of decency to expose anyone unwillingly to such a risk. In other words, the prisoner

must show that the risk of which he complains is not one that today’s society chooses to tolerate.”

Id. at 36; see also Rhodes, 452 U.S. at 347.

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Plaintiffs have failed to set forth a plausible claim that the TDOC policy requiring inmates

to wear wristbands violates the Eighth Amendment. First, Plaintiffs set forth graphic and detailed

descriptions of how bathroom waste, other bodily fluids, and/or germsand other harmful materials

may come into contact with the wristbands and assert that the wristbands cannot be completely

washed due to their snugness [Doc. 1 p. 15]. The Court notes,, however, that Plaintiffs assert that

the wristbands are plastic, which is fairly easy to clean. It also notes that Plaintiffs admit that the

wristbands do have some level of movement on their wrists, and that, very little space would be

needed for soap and water to reach the underside of such a plastic wristband.

Even accepting Plaintiffs’ allegations that the wristbands cannot be fully washed

underneath and therefore pose some risk of passing on foodborne pathogens, germs, or other

illnesses, however, nothing in the complaint allows the Court to plausibly infer that any such risk

is so grave that it violates society’s contemporary standards of decency. All persons who consume

food or drink that they have not personally handled from “farm to table,” whether the food or drink

is served in a prison, at a festival, at a restaurant, or in someone else’s house, assume the risk that

a person who prepared that food may have had an illness, worn a wristband or Other jewelry that

was not properly washed, not washed their hands after their last trip to the bathroom, or otherwise

exposed the food or drink to foodborne pathogens, germs, or illness. Entities such as prisons and

restaurants rnay minimize this risk by requiring food preparers to wear gloves, masks, or other

protective items, but the risk cannot be eliminated, and society must therefore tolerate it.

Accordingly, Plaintiffs have not set forth facts from which the Court can plausibly infer that the

TDOC policy requiring wristbands for inmates creates an extreme deprivation that violates the

Eighth Amendment. Moreover, to the extent Plaintiffs seek to hold Defendants liable under §

1983 because the policy violates other state policies or regulations, such allegations fail to state a

, f

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claim upon which relief may be granted under § 1983, which does not provide redress for

violations of a state law. Pyles v. Raisor, 60 F.3d 1211, 1215 (6th Cir. 1995); Sweeton v. Brown,

27 F.3d 1162, 1166 (6th.Cir. 1994).

Likewise, Plaintiffs have not established that the wristbands create a risk of physical injury

that is so grave that it violates contemporary standards of decency based upon the allegations that

the wristbands have caused inmates and persons with whom inmates interact to incur abrasions, as

a vast number of products that all individuals, incarcerated or not, use every day also carry a risk

of abrasions. For example, paper can cause abrasions through paper cuts, but society has chosen

to tolerate this risk and continue to use it. Thus, the complaint does not allow the Court to plausibly

infer that the risk of abrasions due to the wristbands violates the Eighth Amendment.

Further, while Plaintiffs allege that other inmate class members who work certain jobs may

' be exposed to a higher risk of injury due to wearing the wristbands because of their proximity to

live electrical circuits and/or machinery that could snag the wristband, the Court has declined to

certify this lawsuit as a class action, and nothing in the complaint allows the Court to plausibly

infer that any Plaintiff is exposed to such a risk [Doc. 2 p. 33-36], As Plaintiffs lack standing to

assert the constitutional rights of other prisoners, Newsom v Norris, 888 F.2d 371, 381 (6th Cir.

1989), the Court will not address whether these assertions state a claim upon which relief may be

granted under § 1983.

IV.

CONCLUSION

For the reasons set forth above:

1. Plaintiffs’ motions to appoint counsel [Doc. 2] and to certify class [Doc. 3] are

DENIED;

2. Even liberally construing the complaint in favor of Plaintiffs, it fails to state a claim

upon which relief may be granted under § 1983;

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3. Accordingly, this action will therefore be DISMISSED pursuant to 28 U S C §§

!

1915(e)(2)(B) and 1915A; and

4. The Court CERTIFIES that any appeal from this action woulid not be taken in good

faith and would be totally frivolous. See Rule 24 .of the Federal Rules of Appellate

Procedure.

AN APPROPRIATE JUDGMENT ORDER WILL ENTER.

ENTER:

i

/s/ Harry S. Mattice. Jr.

HARRY S. MATTICE, JR.

UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

CHRISTOPHER ADAMS, BRUCE

SMILEY, WARREN DAVIS, IAMES

SPANN, GARY SEELEY, CHAD BELL,

ROY RODGERS, JOHN SAULSBERRY,

JOSEPH OVERMAN, RICHARD

CALFEE, RONALD HAYES, BARRY

WADDELL, and CARLOS AGUILAR,

Plaintiffs,

v.

TONY PARKER and LEE DODSON,

Defendants.

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No.: 1:19-CV-296-HSM-SKL

JUDGMENT ORDER

In accordance with the accompanying memorandum opinion, even liberally construing the

complaint in favor of Plaintiffs, it fails to state a claim upon which relief may be granted under §

1983. Accordingly, this action is DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and

1915(A). Because the Court CERTIFIED in the memorandum opinion that any appeal from this

order would not be taken in good faith, should Plaintiffs file a notice of appeal, they are DENIED

leave to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24. The Clerk is

■DIRECTED to close the file.

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V.

SO ORDERED

ENTER:

/s/ Harry S. Mattice, Jr.

HARRY S. MATTICE, JR.

UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT

/s/ John L, Medearis

CLERK OF COURT

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

CHRISTOPHER ADAMS, BRUCE SMILEY )

WARREN DAVIS,. JAMES SPANN, GARY )

SEELEY, CHAD BELL, ROY ROGERS

D

)

JOHN SAULSBERRY, JOSEPH OVERMAN, )

s£*

RICHARD CALFEE, RONALD HAYES,

)

BARRY WADDELL, CARLOS AGUILAR,

)

and ALL CURRENT and FUTURE

)

SIMILARLY SITUATED TENNESSEE

)

DEPARTMENT OF CORRECTION INMATES,)

CORRECTIONAL OFFICIALS,VISTORS, ) Case No.:; 1 :19-cv-296-HSM-SKL

and VOLUNTEERS,

)

Plaintiff's/Representative's

§1983 CLASS ACTION

V.

) WITH UURV .DEMAID f j L E D

TENNESSEE DEPARTMENT OF

CORRECTION COMMISSIONER TONY

)

PARKER and ASSISTANT COMMISSIONER)

OF PRISONS LEE DODSON (sued in

)

official capacity only),

)

Defendant 1s .

)

OCT 2 5 2019

Clerk, U. S, District Court

Eastern District of Tennessee

At Chattanooga

VERIFIED CLASS ACTlOlsI COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

WITH JURY DEMAND

INTRODUCTION

This is q S31

complaint brought by the above- captioned

Plaintiff *s/Representatives arid ail similarly situated n current and future , Tmnttsee.

Department o'? Correction C'TDdC") inmates, correct!ton a l of f icials^volunteefs^and visitors

(.hereafter collectively the Plaintiff Is

Representatives , and/or 'v Inmates^ where

appropriate.) seeking injunctive, and declaratory relief.

The complaint alleges that TboC Commissioner Tony Parker (° Parker ") and TDOC

Assistant Commissioner of Prisons LeelJodsonC Ticdson ) have created ^ promo ligated ,

and are enforcing a policy that requires all inmates housed in. the general population of

TDOC. and privately worn gtd facilities to wear permanently attached colored wuristbands .

As a result thereof, the PUintiffs are experiencing symptoms that are identifiable as

APPENDIX C

I

Cl

being re.la.iexl to -foodborne i/lnd5S£5, and they continue, bo.be in 'Imrhinervbdaricjer of

Contracting serious foodborne illnesses ^ h ich may lead to sic knes.5 and /or death, Inmates

working in the food Services department at each respective prison that houses Tennessee

prisoner 5 wear +

.. .

rfStfeands while handling^preparino, ^and serving food

V/ ,nj %-M

.

which is in direct violation of sound samtary procedures for same,and state law. Inmates

handle and prepare their own food, and f ood vv ith +h ej r v i si tor '’s while wearing the unsanitary'

wristbomds also.

Inmates have a Constitutiiona I right protected byThe Eigth Amendment of the United

States Constitution to have their -Pood handled, prepar ed , and served im a. manner that is

consistent with sound sanitary procedures.

. "Plaintiff "is are also in imminent danger op contrading bacterial and viral Infections

such a5 hepatitis fi,

and C ^ E -Cali , and other pathonegeruc infections that may be

cultured within the multiple layers of the wristbands thereby resulting '-,n serious illness ,

disease, <y\d/or death as a result thereof ,

V

Inmates wear the wristbands 34 hourSa day,4 days a. week , indefinitely

until they

wear out , brta.h , or are changed tor another reason—■ some have currently been attached

to some inmates since the inception of Same around (slovember oh 3.0'S, Inmates wear the

wristbands during the course ofall of the activities and conditions that they encounter

throughout each day. As such, the. wristbands are the equivalent of a. petr\-dish used to culture .

microorganisms/pathogen'ls ,

The common areas and Items therein shared hy inmates ,correctional off icials ,

volunteers^ an<d vi si tor s at each, respective. prison ar e contaminated by the wristbands

and are therefore breeding grounds for the. microorganism's /pathogen’’s 5p read thereto by

each wristband that comes in contact with same.

Some inmates are regy iv-ed to wear the wrist bards wh\le working on, around , or near

a

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jurisdiction!

I, The Court has jurisdiction over Plaintiff’’s claims of violation of federal conshtuti&nal

rights pursuant +0 A8 (/»/&</J/aJtS Coc/e

133) and 13H3.

VENUE

5. Venue is proper in this Court pursuant to 38 (/nifedMaSes foc/e. § I3t I (b"Ka\ because a

Substantial part of the events and/or omissions giving rise to the claims alleged. herein occurred

and /or are occurring at -the "Bledsoe County Correctional Complex C'BCCX"').

•3. The BCCX is a Tl>C>C. facility where the "Representative. Plaintiff's are incarcerated

located in Pikevi He ^Tennessee .

N.Parker and "DodSon conduct business at the "&CC.X and are ultimately responsible, for

Constitutional compliance thereat in relation to their policies.

5. Parker and "Dodson are, responsible for the health and safety of i nwa■tes incarcerated

at the "&CCV who are ultimately in their custody.

fc.The. potential "BCCX correctional employee and iinmafe witnesses with personal knowledge

of the events giving rise te> this action and the conditions in relation thereto as alleged herein^

live at or in close proximity to the "BCcy and are therefore in close proximity to Chattanooga ,

“Tennessee.

T."Based on information and belief ,some of theTSCCtf correctional employees will be Unwiit ing

witnesses that will require subpoena's for their attendance at trial, a. hearing^or deposition.

As such, the"BCCjCiS within 100 miles of the United States District Court for the Eastern district of

Tennessee at Chattanooga .

8. Tfve "BCC-K's Sanitation Off icer and Facility Safety Off iicer both conduct monthly

inspection S of the prison's food service ,working , llving^and other general areas .They both

complete report's in relation thereto which are In the custody and control of the "BC.C.X Warden.

t.TheBCCX Institutional Job Coordinator maintains documents detailing the jobs

4

CM

available at "Hne BCO(, which are typical at all pr'isor/s that house Tennessee prisoner's .The

description of these jobs and the rcguirernents /duties that must be performed in relation

to each job art detailed in documents located at the BCCX in the Warden thereof^ custody and

control.

10.The BccX maintains current and opto dateTooc policies that relate to the events

described herein, a$ well as other relevant documents .

PARTIES

M.Christopher Adams Oy\damS"),Bi-oce Smiley CiSm! ley"), Warren tlavis (''Davis"),

James Spann (''Spann"), Gary Seeley ("Seeley") , Chad Bell ("Bell"), Roy Rogers ("Holers"),

John Saulsbevry (".Saulsberry'), Joseph Overman (''Overman"),Richard CalfeeC'Calfee")^Ron0lu

Hayes (''Mayes"),Barry Waddell (" Waddell") , and Carlos Aguilar ("Aguilar") , are. the

Representative Plaintiff "b in this class actionwho were ,and are, incarcerated at the

BCC.X during the events alleged and described herein .

la.Onamed class member Plaintiff "s are comprised of all other similarly Situated current

Tboc inmates,correctional officials, volunteers ,and visitors of TDOC and privately managed

facilities.

13,Unamed class member Plaintiff b are comprised of all similarly situated future TraC

inmates, Correctional off icials , volunteers,and visitors of TDOC. an d privately managed facilities

SinCe the class thereof is

fluid —" that iS,the class IS Constantly changing and evolving.

)4 .Defendant Tony Parker is theTooc Commissioner, which isthe head offheTcoC.,and he is

responsible for the promulgation and enforcementof the relevant policies affecting the Plaintiffs at

thtBCAX and throughout the state,and he is responsible for the health and safety of the inmates in

his charge, and,those rjho frequent Tooc facilities. He is sued in his official capacity.

l5."Defendani hee Dodson isfheTDOC. Assistant Commissioner of Prisons responsible for

assisting in the promulgation and enforcement of TDOC. policies , ensuring inmates’health and

5

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inmates in the Too Os custody h ave several thousand correctional off Icials^valunteerS., arid

vi$iior5 Who frequent each respective. prisonthrovghout the state and interact with inmates

wearing WrlvtbandS. [The number and/or an animate t-bereaf con he determined through discovery

i? necessary. 3

31 .The joinder ot all TboC inmates ^cotr ecti'onal ott icials^ volunteers ^and visitors who

freguervt prison's housing TboC. inmates is impracticable.

A3,,The geographical diversity of the class members are. scattered, through out -Hie

State of Tennessee at multiple different prison’’* in different counties and possibly different

States.

33 .The. individual class members wou Id not likely be able to bring Separate lawsuits •

and ihe vast majority do not even know that they have a claim at this t'i me an d that they are

in imminent danger of contracting serious Coodborne illnesses., other illnesses., and disease^

which may lead to death.

it .The Inmate Representatives have limited access to legal representation ,experts

in food Safety, epidirniology and work safety to ensure that the Imminent danger that the class

Is Currently being Subjected to receives appropriate attention .

35.The Representative’s do not have a formal legal education .

5.(o.There are some class members who <lo not have their Oanera./£^^utVa./ency Di'p/oma.

and some who are illiterate.

31, The majority of the inmate class members are indigent and are unable, to afford

Competent and adegoate representation to pursue individual claims.

3?. There are hispanic inmates in. the TboCls Custody who speak little if any English

thereby making it dlff icultif not impossible,, for them to understand the claims ,,and there

may be others who are only fluent in other languages .

dt.The complaint seeks class-wide injunctive relief that will affect any person .,

1

CT

inmate or otherwise , who has any dealings with TboC inmates a.5 described herein .

30.Class certification will save judicial resources by avoiding a. multitude of

individual lawsuit's in the Eastern, Middle, and Western District Courts of Tennessee once

n«v/S of the claims described, herein are made known.

31.Class action status is needed to prevent'the clainnS f rom becoming moot in the

event that the Representative s empire their sentences, or are released on parole before

the Case can be litigated to completion, and, to ensure that the class members’* health ,

Safety,and well-being is protected .

COMMOMALITV.

3Sl./4ll inmate class members in the custody of the "TioC. are subje.ct to the Same

statutes , regulations ^and policies,

33 . hill inmate class members in the custody of the TboC may potential ly be housed at

any Tl>0C or privately managed facility in the (general population during their term of

incarceration.

34 . /All class members eat,or may eat if they so choose,food handled , prepared^and

Served by inmates wearing wristbands.

35. AW class members eat, or may eat if they so choose, food prepared in, on,and/

or with equipment, pots, pans ,utensils,tables,and etcetera that inmate wristbands come

in contact with.

36./Ill class members are subject to scratches , scrapes ,or cots by the wristbands •

31 .The determination of whether the wrist bands are ,or are not sanitary and Safe ,

and whether they do ,or do not pose a risk to the current and future health of the class

members in, or not In violation of the Eighth /Amendment of the United States Constitution aS

alleged herein is a class- wide, issue that is capable of generating common answers that

will resolve the litigation in relation thereto.

8

C%

38. The issuance of a declaration and •?Jno. 1 injunction declaring Tooc Pol/cy £TOdo.13,

Identification of Inma.te5 section VICE')

a.5 conducive to create unsanitary and unsafe

conditions of confinement ir\ violation of the. Eighth Amendment^ and the enjoining of Parser

and-Dodson by-final injunction ordering the permanent removal and discontinuance of the

wristbands that are permanently attached to imnrva tes will, resolve the class-wide claim.

TYPICAL IT V

3H. The Representative "Is claims are iidentical to the claims of the class because all

claims involve the constitutionality of TdoC Policy sou. 13 , Identification of Inmate* section

VICE) regarding the Sanitation and safety of ^e wristbands', and if the Representative V

succeed in o btaining declaratory and iryjunctive relief for themselves, the claims of allot

the class members will succeed and all members of the class will benefit from the relief.

HO: T&0C, Policy 506.13 , Identification of Inmates section VICE') j* a state- wide

/'-'N

policy that affects all class members .

ADEQUACY.

41.The Representative's are partof the class , possess the Same interests ,currently

suffer, and/or,are m imminent danger of contracting foedborne. illnesses,bacterial

infectionS^viral infections,fungal infectionS ,and parasitic infections .

43.The Representative.''^ will rigorously prosecute the interests of the class through

qualified counsel as they have a. primordial instinct based in self — preservation to avoids

up to and including but not limited to , foodborne illnesses, communicable diseases^

bacterial infections, and viruses which may lead to serious Illness and /or death a* well a-S

the prevention of being maimed , electrocuted ,or killed by unsafe working conditions .

£ULE A3>(b>)C\KA'). IMCOUSISTEMT AKIO VARVlMG AhJUDlCATioidS.

43. The Tboc. has inmates incarcerated Inland correctioned employees, volunteers,

and visitors who freguent Wilit ies where TdoC inmates are incarcerated,inlennessee's

<?

Ct

Eastern, Middle ,and vVestern District Court jurisd ictiorvS thereby creating a. risk of

inconsistent'and Varyin<g a<t,jod ications if separate actions are brought by individual ala.55

members tbcit could establish incompatible, standards o-f conduct tor Parker and Dodson.

MM. It different courts in Tennessee rule separately onfhe constitutionally of TbOC

Policy S0(e, 13 , Identification of Inmates section VIC E') , Parker and "Dodson Could be subject to

inconsistent judgments that would create unmanageable and conflicting standards within the

State of Tinnessee,, thereby trapping Parker and 'Dodson into a position where they cannot comply

with one judgment without violating the terms of another.

M5, Based on information and belief, the TboC. has had more than \T grievances filed

in relation to the wr istbands required by TooC Policy SOG, 1% Identification of Inmates

section VI CEt.

Rule as (btca\ •refusal To .act, fiajal •declaratory alp im^umctive relief.

M(o. Parker and "Dodson have refused, to take remedial action to correct TbOC Policy

Stok. 13, Identification of Inmates section VICE') in relation to the unSamthry and un5af6.

conditions of the wristbands by adopting and implementing the color-eexte scheme mtothe

Inmate Identification C' lb"') cards that each inmate has and is required to carry on their

person)

as suggested by the Representative's for a. sanitary an d safe alter native remedy

for the TbOC's security concerns •> therefore , declaratory arid injunctive relief will be

required to remedy the ongoing Constitutional violation which would apply to the class as a

whole.

RUL£ AS (QCaM\ DISCRETION) ARY NJQTK.E.

Mt. Mot ice, or the manner thereof , in relation to a class action lawSuit lies in the

discretion of the trial court.

H? . The TboC. has bulletin boards In each housing unit that inmates are assigned to

for posting policy change notices,as well as critical and genera! information thereby

LO:

C|0

providing an adequate means of notice of this lawsuit to the inmate class members if

fine- C-ouri so desired.

Hq . Each inmate in the TdoC's custody is assigned to the

0f a Correctional

Counselor.

50. Correctional Counselors are re c^vred +o Inave contact with each individual inmate on

■fHeir caseload at least one tirne per month and fo document Same

on -fhe. T«.nne$$«£ Offender

/Management Information System C° Torus'*') thereby offering «, redundant and/or alternative,

means to provide notice of this lawsuit fo the class inmates if the Court so desires.

51. Mot ice of this lawsuit can be ordered to be be posted, at the entrance of each

respective prison that houses Tboc inmates to ensure tViat correctional officials., volunteers,

and visitors who frequent the prison's w»«n noticeof this lawsuit if the Court so desires.

WC.0M5TITUTI0MAL POLICV.

5d. On October I5,30115 , Parker and Dodson promulgated and began enforcement of TCOC.

Policy S'ot, 13^ Identif ication of Inmates section VlCE'l C hereafter collectively thev‘r«gulation''').

LAW of the exhibit's C° Ex."') hereafter referred to in the appendix" , Doc.

7

| attached hereto.

are numbered- in chronological order from beginning to end for ease of location . See , Ex . I p. 8 . a|*>

aval table at: < hits : //ww. f n. go v /a 5 sets /entit i e s /corr ection /attachm ents /S0(o~ l3.pdf > ]

■ S3. Based on information and belief , Dodson is part of a committee and/or group that

creates, promulgates,and then enforces Tocc policies, up to and including but not limited to,

through the TdcjC's grievance procedures .

54. Dodson is the third and final level of the TbC/L's grievance, procedure and his

decisions are not further appealable.

55 . As the Commissioner of the TdoC Parker must approve all TooC. policies and/or

changes thereto.

S(o, Parker participates in the creation of TdoC. policies.

II

dll

Si. The regulation makes it mandatory for all inmaf«S inhhe genera.1 population of

TDOC and privately mancuged facilities to wear color - coded wristbands.Cfx.I p.8 at £ 1

58. The wristbands are attached to inmcte.'o*' wrists ' with metal dual “grip fasteners

and.are. being^utilized to enhance, .security measures of inmates attempting to enter

unauthorized, areas of the facility Such a6 housing units which the inmates are not aligned"

C/</at E and E (.0 3

5^.The DCCk Site A where. the 'Representative'15 are incarcerated Was lh general

population housing units.

<t>0. Inmate wristbands are color-coded based on theW housing unit assignment with no

color - coded pattern being repeated. [1 /Vat (a) ]

Col .Thereisa placard above each housing units door with the appropriate matching

color-code of the inmates*1 wristbands assigned thereto. C /dat (V}3

(aCorrectional Officers C"C/o"') have a responsibility 'J*to examine, each inmide/s

wristband to ensure the inmate is entering the proper unit/area/'* £ /</atCH)]

Co3.Parker and "Dodson put forethought into the health and safety of inmates in the

promulgation of the regulation, and "Dodson must approve the type of wristband that is

placed on inmates** wrists . £ /</ cd C^) J

CoM.Based on Information and belief, Dodson approved Ike multi-layered wristbands worn by

the inmates at the "Bccy.

<«5. The wristbands are permanentty attached and cannot be removed without cutting ,

tearing ,or breaking them off. C /Vat CSil

U(o. Inmates who tamper with or alter their wristband will ‘‘immediate ly ^aVe a newu

wristband applied and * be assessed a # 15.06 replacement fee in addition to Cal ^H.OO Classb

disciplinary fine

if convicted of "'destruction of state property " fhr the tampering or altering

thereof. C /</at C <*) l)

ia

cjk

/"“A

bl, Inmates that refuse to wear the wristisand are to be. segregated and charged with

defiance. C/d'at <7'll

Cd8. Defiance is a serious misconduct charge that c an be either a Ciass AorB disciplinary

infraction .C Ex. £ p. 14 ^ JH ,Tt>PC, Pol icy 565,0$, "Definitions a? "Disciplinary 0ffeps«5 *,also available

at:-< btts: //www.tn. gov/assets /entities/correction /attachmen-ts/sa^-oS . pdf > 3

<bS. Invnate S convicted of a C.laSSyAor"& disci pi inary infract ion are. subjected tb punitive

Segregation,a higher security cWssitication,loss of sentence reduction credits resulting in a.

Unger periodaf Ucar ceraiion , loss of privileges, a fine .ymdtfiey receive a permanent negative

mark on their disciplinary history /institutional record70. DiscipUnaries may affect parole and clemency prospects ,

REAbY ALTER.nJAtiv'E .

Tl.TheTpoC operated since its inception up until October, 15,5,0^ without the wristoands.

75. For more than 55 yfiarS , inmates have been' issued a laminated Inmate Identification

CardjLt Id "11, CR * 3 U 8 , and advised of the requirement to keepii on their person at all times/*

[Ex.lp.7 P3

7$. Inmate I'D Is have their photograph on one side and their name ,number, date of birth,

heigth, weight, date issued ,and signature on the other side ,and, +hey are printed in color. C /o'at

O') •, see example I'D at p. g 3

14.The cost of a ID is

00, where, as the wristband is # iS.OO. C compare /c/at p. 1 C37 he>

p. 8 Cell

15. Inmate5 at the Btc.k are required to wear their It) attached, to thetf Shirt and

visible lor staff to see any time that they leave their respective housing unit.

7<o> EachBCC.* housing units C./0 maintains a roster that derails the name ,number,cell,

and bed assignment' of each iin me*cte that IS assigned to Same.

77. Each time that An inmate leaves or returns to his assigned housing unit he is required

13

CIS

to inform the C/o of his cell number and bed assignment",The C/0 records the inmates-’'

departure* and return time. along with his destinatio n on the boosing unit's fost-er.

T8 -The color - code scheme that Is being used on the wristbands could readily andeasily

be incorporated into the. bottom of the. iinmate lb's by shrffjng the. name, ^nurnber^etc.. upjost

»• little. .

T'h Placing the colci—code scheme on the lb's is more. Sanitary,and Safer in relation to

operating machinery /equipment and wor Icing on electrical circuits.

€6.TKe Incorporation of the color - code Scheme on the # £.00 lb's would Save taypayer's

the cost of the wristbands .

81. The housing units at the "BCCX are the only areas with like color-code requirements

for access thereto.

8&. Inmates fromeach of the 14 units thatmalce up the T&CCX's general population work

in all of the different areas of the prison together with Inmates wearing different colored

wristbands .

83 . On becember AS^SOiT , becy Associate h/arden of Security "Bert Boy d O'* Boyd"')

(former'l issued a memorandum instituting an I'D card count.CEx. I p-lOl

84. Boyd's lb card count procedure is still in effect as of the,filing of this lawsuit.

83.Soyd s ip Card count procedure requires thatsV ClJnmatfcS, in the housing unit will

stand at the cell door and present their inmate identification cardt* the counting staff name and

number Side f»Vst and then torn Vhe card around to ihe picture side tor verification of identification

and proper cell assignment according to the unit roster.' C /</3

JJmSAnSITAEV ddyJDi-novtS OF WRlSTBAHDS:BK>lOO>\CAt. tAzAkDSyCo^TAKUdATlOlJ/CROSS-COMttM'MATlOM.

8£p. On NJoUember ae>,a.0\<3^Boyd issued a meMorandum relating fo the implementation of the

wristbands and Same were permanently attached to the right arm o f all Bccy general population

inmates Shortly thereafter. C Ex. I p. II 3

14

04

sn

SI

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|03L. Approximately 15°/* of tbe Representative’s wipe their butt after defecating with

+hair left hand.

103,'Bas^d on Information and belief, itc. majority of Inmate class members wipe, their

butt with their right hand after defecating thereby exposing their wristbands to possible confect

with fecal matter.

|0M. Fecal matter may contain £nterc>Wemorr haglc. Escherichia. call ('*£-col\ *'•) , other

baeferieu, and parasites.

105 . Inmates who reach f rom the front towipe. Iheir butt after defecating expose and/or

contact their genetali a. wiItt| their wristband .

IO(o. Inmates who reach from behind to wipe dheir but" after defecating expose and /or contact

their backside with their wristband where a. fart may have lingered. aryf left behind residue.

10*1. Based an information and belief the magority of the TdOC's female inmate class

members insert and remove their Sanitary napkin *3 , and /or tampon's, with their right hand

thereby exposing their wristband to bloody other body fluids, and their genetalia.

10S. AH of the Represbattve’s who still have their permanent teetti brush same with

their right hand .

IOt .When the bristles of a. toothbrush spring off of the edges of teetti during brushing

liguid particulates become airborne and land on nearby surfaces .

UO. About 37% of the Representatives' gums occasionally bleed during brushing.

111. About 18% of the Representatives have occasional abscesses in their mouth.

Il<k. An abscess contains the bacterium •sfaphy/ocaccus which is

i a poisonous substance.

[ See e.g., fishhuh J /Hvs/ra-fee/Medic*/<8 //ca///? fhcyc/ayec/ia. Volume <3 of 4 ot- &H7-43 ,

Copyright© /<m, 1472, 1423 by M.S.S+utt man , Inc. C Morris Fishbeln ,M,b.thereafter collectively

' fishbein 7v ’) ^^ see al so , JTajohy/ococccss , WeSsfer j A/eiv k/ar/dCo//eye Dicdio/iary f///h

fdi/1'0/7 , Copywri'ght ©aoik ,3014 Houghton Mifflin Harcourt Publishing Company C hereafter Collectively

\(o

Cib

W

!' • ji

(VeAs/er t '} ]

/"~h

Wi.fws/ide/h Is is a set of medical encyclopedia^ that are provided bythe BcC.X,and

therefore "Parker 0C>ods on, and tW-eT-DOC for inmates to research medical issues,

Il4.Parker and "Dodson have access to the fishbtin j medical encyclopedic^s that

are

located at the BCCX in the Site A. library, as they are TOoC property.

115-Saliva contains bacterium and potentially path ogens.

life -The wristband"5 of both male and female inmate^ are su bject to urine exposure

and contamination when they relievctheir bladders.

I\T. The toilets at the "&CC.X flush about 3.5* gallons of water in about & seconds

U3.3.? gallons of water being flushed down about a a.5 " hole in fe seconds caoses Ityid

particulates to become airborne.

IIS.Representative Adams has personally observed water particulates become airborne

when flushing His toilet ^ai well as other toilets in the prison , and has observed droplets of

water around the rim of the bowl and on the seat thereafter.

/SO.When inmates flush their toilets containing feces or urine with their right hand

their wAstband is contaminated with the liquid particulates that become airborne while

withdrawing their hand from the flush handle.

13»t. Inmates wor King in the

ct

s’

tray room at the BCC.X bang excess food off of the trays

that others have consumed food on into recycle/compost barrels .

lift.Most inmate tray room workers bang the excess food off of hnt trayS with their

right hand^whert their wristband is located .

Ub .The trays that others have consumed food from as well a-s the cups and plasficware,

have the consumer s saliva and any bacteria and/or pathogens contained on their surfaces .

ls4.When the tray room worker’s bang the excess food and liquids off of the trays airborne

/

particulates contaminate their wristband .

n.

Gii

135. .Approximately 10% of the Representatives cough and/t>r sneeze, into their right eibovv

or hand.

l3<c.The majority of humans cough and/or sneeze info their right elbow or band.

IRl.The right elbow of a human is in close proximity to the right wrist where inmates'*

v*jristbavvds> are attached .

138. TbOC inmates utili-ze common shower areas for bathing while wearing tfeir wristbands.

I3t. For some odd reason a number of inmates at -Hie BCCtf Site 3 blow their noses while in

the shower.

130. When a person cousins n sneezes ,, and /or blow s their nose openly and. uncovered mucous

and any pathogens contained therein are propelled up to and in exeess of 30 feet. f./-/'s/jSe/hfs /o-ume

I at 373 ]

131,When a person coughs and/or sneezed into their elbow everything in close proximity thereto

is contaminated by the liquid particulates expelled there?rom when they become airborne .

(33.Inmates wear the wristbands while performing their jobs in the prison System thereby

Contaminating them on the sur?ace5 , and/or with other conditions , that they come in contact with.

133. Commercial Cleaners /Rockmen clean the showers and other common areas shared by

inmates and others.

13t, Maintenance Men unclog and work on toilet '’s^ shower'’s^ drain’s.,and other items in need of

repairs.

135.Sanitation /Recycle / Trash Pit Workers Sort through the prison's trash to extract

recyclable materials.

I3^c. Laundry Worker's handle soiled clothing ^ bed UnenS.,and cleaning rags that are. used

to clean the prison’s .

131. Some Commercial Cleaners work in the clinic where blood is drawn^ and where mmate5

who art sick and/or have communicable diseases go for medical attention thereby cleaning-up

I8

CIS

V_/

behind Same.

138.Some inmates at the “BtCX annex worK with cattle .

I3M. Cattle are carriers of zoonotic related diseases and parasites.

ISO.Faod that Is consumed bv theBCCX'b ann« is prepared on the compound in the general

population kitchen and then send' to the annM ,

141. The food that is consumed in the annex dining hall is transported and served f

rom

equipment that trav/els back and -forth -from the general population kitchen.

IS3,"ECC)( annex inmates Share a common dining hall.

143.The wristbands have caused an a llergic reaction for Some inmates thereby causing

them to contract a rash on their arm where the wristband is attached .

144 .'The list of items to which a particular person ma / be hypersensitive grows longer as

new

chemical compounds are developed and used in everyday |ife . Substances known to produce allergi

ic

contact dermititis include... plastics . " C £~,'sA6d'» i!r Volume A at 338 }

IMS .' Redness, blisters, hives,fissures,watery discharges,and peeling Accompanied by

itching^ burning , or soreness are characteristic, signs o? dermititis

C/</ji

Hfc.The wristbands Constant- contact with inmates1 body heat and the ample moisture from

Showering and handwashing make the wristband the equivalent of a petri “dish used to culture ,up

to and including but not limited

bacteria ,viruses,fungi, parasites, and other microorganisms/

pathogens.

141. A lay person can clearly identify mold growing within the multiple layers of Som^ cf the

wristbands, and the Representative's have .

HS. About (eS /o o-f the Representative s have noticed and/or experienced increased instances

of, up to and including but not limited to, Common colds, persistent coughs, diarrhea ,and v6mitfmg since

the inception of the wristbands.

IMM.The wristbands worn by inmate's at the BCC.X have sharp edges and/or corners that have

IM

CR

caused all of the Representative's to scrape, and/or scratch themselves with same, thereby

creating abrasion5 an their skin.

I5&0ne Representative accidentally Scratched hi5 £ year old nephew with his Wristband

during visitation thereby creating an abrasion on his nephew's skin .

/SI.Other inmates have scratched visiting child ren while interacting with them thereby

creating abrasion’s on their skin .

153. An abrasion is ''a superficial injury to the skin ... Cand3 should not be taken lightens

they are highly S05ce.ptible to infection . [/fj/dr/h v Volume Iat33j

153. Inmates wor k , enjoy recreation , ar>d otherwise interact With one another in close proximity

to same throughout each day,

154.The majority of people sweat when they work and exercise.

155 .Inmates'wristbands are contaminated by sweat.

15<o. InmateS wristbands are exposed to Some and/or all of the Conditions and/or coritaminate5

described herein.

151. All of the Representative's are personally affected by the wristbands as described herein.

152.Some inmates have inadequate and/cr poor personal hygiene practices .

151. Prison's and jail's are highly Susceptible to communicable disease outbreaks.

IfeO. In preparation for this lirioption Representative Adams made a document request to the

United States "Department of Health and Human Services , Centers for "Disease Control and Prevention

C'CDC*) through the Freedom of Information Act C PoiA7') on July A3.,A0l1. The eDC assigned Said

request as

|1-olOl| - FoiA and in response provided Adams with

pages of documents that

are attached hereto in the "Appendix of Exhibits " as exhibit 3,pages 11-45 •, see esp. 11-30.

I<*l. Hepatitis Bis transmitted through blood, mucous, and other body fluids. U /o^at^l '‘‘route*, of

transmission

]

K»3. Hepatitis C is transmitted through blood through a' Cnjeedlestick or other sharp instrument

AO

C3i0;

injuricstC /(/at at *'routes of transmission 1

/"■"N

ICo3.7heTboC Was more than 4,0)0 Inmans In its custody wI4Vi hepaWis C .ISee e.g.^^

efa/ /. Parfar e/a./, Ca.se fja.3: l(o —cv— |<i5H Cm.D.Ter>n.)]

ICeK.The Tb6<C hasinmaies in its cutody with hepatitis B. [ /</J

IU5 .While inmates are interacting during worK and recreational activities tie

y are

subjected to -Hie possi bidty of being scratched,cot, or scraped by the sharp edges and/or corners of

otter inmates'* wristbands if they come, in contact with

Same.

IWo. While 'interacting with Inmates C/o's Sometimes Wave, to break-up fights and /or

others* restrain unruly inmates and arc therefore subjected to the possibility of being scratched ,

cut,or scraped by the. sharp edgesand/or corner's 0f inmate wristbands

Ifct.While interacting with inmates,volunteers are ^objected to being scratched,cut,0r

scraped by the sharp edges and/or corner's 0? inmate wristbands

IbZ.While Interacting with inmates, visitors are being,and are subjected to being,scratched,

cut,or scraped by the sharp edg^s and/or corner's of inmate wristbands

Kot .Based on informatio n an d belief, If an inmate with hepatitis B, hepatitis C, 0r another blood

transmissible communicable disease scratches, cuts,or scrapes themselves on their wristband

thereby drawing Wood ,or, contaminates thei r ov\jn wristband with their blood while brushing their

teeth cr m some oW way, and then, scratches, cuts, or sc rapes another inmate, C/0, visitor,

or volunteer with the pathogen containing wristband , there is an imminent risk of spreading the

cdm*viunicabU disease.

no. Hepatitis A is transmitted through the"ingastion of focal matter,even in microscopic

amounts,from*, close person- fo-person contact with an infected person ... [and 3 ingestion of

contaminated food or drinks." C E*.5 at 5r'routes of transmission!!

111. All types of viral foipatiti 5''can include one ov more, o f the folio wing CsymptomS 3*

fever,fatigue,loss of appetite,nausea, rormittmg ,abdominal pain, gray - colored bowel Movements,

5|

cat

joint pain, Corj jaundice , C /d at<31' symptoms of acute infection

1

lid . Hepatitis IB and C may cause death, [ Id ciS 'severity* 3

113/ Cllhe ter mhepati+is means any inflammat ion of Hie liver, if is generally used to refer to the

acute arid highly Contagious disease, of- the liver more properly called iriAcf/ot/S fopod/d/s. "

L d/ls/lde//) j- Volume <? at 7<s0-fod 3

11*1/ Infectious hepatitis is caused by a virus and is spread by drinking wafer and eating

food that has been contaminated by the feces of people infected with the diisease. "Z/Jj

US- Infectious hepatitis is best prevented by the. strict supervision of Sanitary conditiions In

camps and public placet such as restaurants, schools, and the |ike.*C /*/J

l1(o.Inmates working in the food department of each respective prison that houses Tboc. inmates

are wearing wristbands while handling, preparing, and serving feod tooVner inmates and correctional

official*.

111.Inmates working in the Co/d/iary/Irfo class at the BCC.X are wearing wristbands while

hand ling, preparing, and serving food to inmates. , correctional off iclals, and volunteers .

IIS. Inmates are personally handling, preparing , and consuming food purchased from the

commissary while wearing a wristband .

m.The wristbands'* mu Itiple layers separate thereby making pieces that break-off of Same

potential physical contaminates for fond in addition to the biological contaminates on.the piecefkat breaks

off.

ISO, A physical contaminate such as plastic ingested by a human iS dangerous as it may

become lodged in,and /or cut the digestive System.

181. Inmates’ wr istbandj come in contact with food-contact Surfaces in the. prison's kitchen

including the du/i/&rysfr-fj class's .

ISA .While working in the kitchenKeprestabve Smiley wears a wristband and has observed inmates’

wristbands coming in contact with food-contact surfaces .

aa

CM)

J83.wVn\e assisting the -Baker in the kitchen to buffer and prep pans for baking,Repressive

Smiley^5 wristband- came'm contact with Hie butter and

pans.

I8M. Based on'information and belief, other inmates’’ wristbands

are coming in contact wity

food^ and/or poisons,utensils,and equipment used in Hit preparation thereof at the BccX and at

the other, prison"V in the state.

l85.W/w'k working in the kitchen,dining Ull, 0r any other area inthe prison,as the wristband*

move up and down on the arm's of 'mmtst«5 , bacteria and dead skinare. being scraped off of their

Ws h1 ^eHierebycc nominating the food and surfaces where Such takes place. CSee <n m/«Sc* 1

l8<o.TFie inmates who voorK in the kitchen's at each respective prison’m the state

wear a

wristband while hand ling, preparing,and serving meats, poultry, raw produce , etc., and /or,come in

Contact with such surfaces where, same is accom pli-shed thereby collecting bacteria from -Sam eWorld'

then,cross-contaminate other areas in the prison when their contaminated, wristband

comes in contact

with such.

187. when an inmate pushes their wristband up out of the way with his bare or gloved hand ,

their hand becomes contaminated ,and -therefore , contaminates all of the Surface* that are touched

by same thereafter.

ISS.lfe use of gloves is not always an effective means for preventing contamination and

Can actually make matters worse. C Jhee’.^. ,Ex.3pp.i4-4^3

lift.Inmates wristbands come in contact with the trayS, cops, and plastieware that i$ used

to consume meals with) by those. who consume prison furnished food.

186. Inmates wristbands are coming in contact with Hie tables that are used intheiv respective

hausing unit's to prepare and consume food purchased by them personally from the commissary.

181. Inmates*1 wristbands are being worn while they prepare and consume food in the visitation

galleries with, their family and friends.

18^. Inmates wristbands are coming in contact with the tables and other surfaces that are

33

CA3~

used to prepare and consume food with in the visitation galleries vUhile visiting with HrUeir family

and friends .

H3.Inmates'* wristbands are coming'm contact with their -face'3 while they dleep and at otter times.

I'M. Inmate5 wristbands come in contact with their hair.

H5. Inmates’ wristbands are coming in contact with surfacesvsed by themselves,or, Surfaces

in common areas shared by other inmates , correctional officials , visitors ,and volunteers , up to and

including but not limited to, tables, door knobs or handleS, phones^ walls, chairs, sinks where band? are

washed,etc..

l^(o.The prison 5 throughout the state have, inmates who are wearing wristbands that bag,

and/or distribute by other means, ice that is consumed by inmates and correctional officials.

m.The prison's throughout the state have inmates who are wearing the wristbands while

they prepare kegs of ice water to be consumed by inmates and correctional officials.

iSS.Some correctional officials have the option to, and do, consume one meal per day that is

prepared by inmatc-S in the prison's -food service department where inmate labor is used in the

preparation and Serving of Same.

144,Sonne volunteers who do work at the. HCC.)< occasionally have the option to,and do, consume

food prepared, by inmate6 in the CuZ/rrar/y^i-f-S clas^ who wear wristbands .

300.AtoSgoito\s, bird's,and Some other wi/dlife freeVy enter and exit the prison's ,

301. Wildlife are carriers of bacteria, viruses, fu.-igi , parasites,and the. like.

A03.Correctional officers and supplies that come from places outside of the prison may

transport bacteria,viruses,fong^ parasites and the like into each respective prison.

Once the. bactefia.,viruses,fongi, parasites, and the like, are transported info each

respective prison by wildlife, Correctional officers,and supple,they arc further carried from one

areata another ory wristbands .

SOH.Foad arud wafer are basic necessities that are required to sustain huma^ life.

<24

mM

<*°5 . Inmates m +Ke custody of the *Tboc. are dependant upon Parker and Dodscn fa provide them

with safe drinking wo^"er and Sanitarily handled,prepared , and served pood.

<JOCb -"The Tbcc. will not permit inmates to leave the pri son’s to consume. food and then return

thereto prior to the expiration of their sentences or release on parole.

50t. Inmates are dependant on Parker and Dodson to provide th

em wiitk a. sate and Sanitary

environment- to serve their term oP incarceration.

aos.-rhe TdsC has contracted and delegated the operation of it3 food service, department to a

private-sector contractor called Aramark.

AOt. On AugustIV0I1 KeprestatWe /dams questioned Arwark'j Dec* Director of Food

Services W,'ll Sarrell about inmates wearing wristbands while handling ami preparing Pood in violation oP

State law. Air. Sarrell reponded that he had no control over Tice s policy regyiring inmates to wear

wristbands .

a 10. Aramark is required by contract to com ply witblDoC policies in its operation oPTooC^s

pood services department.

All.Decause oP the Tboc's requirement that all inmates housed in the general population of

prison's that house Tboc inmoteS wear wristbands, the class is in i

imminent danger of spreading

and contracting communicable diseases, such as, but not limited to, bacterial inPections, viral

infections,fungal infections,parasitic infectiions ,and /or any other pat home genic Substances.aia.The class is at a highly susceptible risk of contracting food borne and/or other serious

illness which may lead to death because oP having fo wear the wristbands .

J13.''According to the Centers for disease Control and Prevention ( CDc'l, j+ is estimated that

every year in the United States there are

HI.8 million cases of foodborne illness

iar3,83<t hospitalicationS from foodborne illness Cand]

* 3,03t deaths linked to unsaPe food

,

CIS

C 7%? Ct/Z/hary Process/ona./, Second Edition , page

•, Published by The (Soodheowt “VJillcox Company,

Inc., Copyright© 46tS ( hereafter collectively ''7%e CM/mr/ ProAss/'ovaZ * )J

514.The CDC' estimate? that only I out of 38 cases of JaZ/nang/Za {5 reported +0 them

CMl

Al5. 7he improper handling of food can result in foodborne‘illness for those who consume such’,

which may cause nausea,fever.,weakness, vom iting ,dlarfhea ,and deathC/d 1

4K».'' Fdodborne illness is caused by contaminated food , * CMl

SIT.

Co/)1las>t//ia.t/'/o/i

microorganisms in food .

refers to the presence of unsa ?e substances or levet-S of dangerous

£ k/1

418.' Proper sanitation. prevents contamination. " [ #at

]

SR.' P<x^ZZa.Z7b/7 is the creation and practice, of clean and healthy food-handling./ C /J 1

aao. Contamination c.nn re suit from, biological,chemical,or physical haxardS.^C Ml

ZZXtS/o/og/caZ PazarcZs arehadmful organisms that cause fbcdborne.Illness."This source of

contamination is the most troublesome for foodservice

C /c/at t'l 3

414/The illness that results can range f Mminilid discomfort to life threatening/ £/</3

443.''These biological hazards,or pathogens,include harmful bacteria ,viruses,fungi,parasites,

and fish toxins." C Z<J J

44h ,v A pa-TAagert is an organism that causes illness in humans/'" ZM 3

445. ^ type of pathogen responsible for many foodbomc - illness outbreaks is bacteria,"ZMl

44(a,

are single - celled organisms that reproduce by dividing. \.fdl

44T,* Bacteria'are everyujhere.Tbay surround os by the billions. * ZmI

448/when bacteria have all of their needs met,they reproduce rapidiy/,[l//atl6o3

44*?.'Bacteria reproduce by'dividingT£/</]

436. tf conditions are ideal,Abacterial can divide every 46 minutes, Atthat rate, one cell Can

turn into <4ver A50,000 bacteria cells in six hoursC/Zl

431

As the number of bacteria increase in food, so does the possibility, of afoodbornt illnws/OJ

C2M

<33A. Some bacteria.hav-e ar\ added Survival mechanism — the ability to f

A33, A

is a thick-walled, supersorvival unit .

arm spores. "C /</“}

[/*/]

conditions threaten the bacterium's existence ,it may produce a spore ."£/</'}

335. Pathonegenie bacteria, cause food borne illness in one of the -following ways '

•/r/ec/Zor is illness resulting -Prom live bacteria.These bacteria,

must be ingested to

be a threat.

♦ /*Jbiticaf,b/7 is illness resulting Prom ingestion o? toxins left behind by bacter

ia.ToxinS

are poisonous Substance^ that are harmful U humans .To become ill, you donctneedto

ingest tie bacteria,but simply their toxic residue .To*ins are troublesome because you

may succeed at kill ing the bacteria without affecting the toxins . Some toxins are both

difficult to detect and deadly.

• 7ojC/'n mec/za^ee/th/eef/on occurs when bacteria are ingested and then produce

harmful toKinS while in the human digestive tract." L '/</ J

33(o.''Bacteria. need warm conditions to grow."[ /Jat |0^3

kll. Bacteria' reproduce rapidly in the -fcsrr/o era fare c/arjer *j/?e which is between 41° f

and l35'F."t<V3

£18. The Tl>oC‘,s facilities are climate controlled thereby maintaing temperature-S that average

between <,5°F and tSV

33^. Over a. H day period Representative Adams checked the surface temperature of his arm in

the area where KiS wristband is worn t times at varying times which maintained a collective average

temperature of ?5. 5°F.

340. Above the temperature danger zone, biological hazards begin to die. however , Some

bacteria form heat protective spores, Many toxins produced by bacteria are not destroyed by heat

either." [/y}

341.^Bacteria are. smaii^but viruses are even smaller, A r/'rt/S is a very Small organism

In

CUT

that invade^ another cell and causes if to reproduce the virus. Without a cell hosf ^viruses can survive

but cannot reproduce.

[ //at I0M 1

34^. Most viruses are destroyed by high beat, however, some viruses art unaffected by

heat / C/</J

3H3.' Two viruses that concern Foodservice are hepatitis A and fJoreviruS C'Norwalkvirus//[/</atl05]

AHH.* Itepatiti5 A causes liver damage / C /</!

M5.' The KJorwalkand other Morwalk-like viruses caused an estimated 5,H(el,731 illnesses in 3011

accordingto+ht...&DC].

£/</l

34(o. Hepatitis A ,Mor walk,and Nforwalk - like'viroses are excreted in the feces of infected people .

Individuals become sick when they consume contaminated water or foods. " [ /</ J

1HT. Atold is a type of fumy. C /</at I0S -I Ok ]

348.' There are a few molds that produce toxins that are dangerous to humans/C//]

344.' Temperatures above IHO° F( <dQ°c) kill molds but thcirtoxinS may not be affected/[ /</]

350. CBliologicol ha-cards po^e the greatest threat to -Foodservice.

C/</at ll^l

A51.' Fretting kills some biological hazards,but more often that is not the case. Instead,freezing

Simply renders them dormant.

C/</atl\Tl

359k.' Another important -Pactir that poses a risk to safe food |is cross -contamination. [/aVtlitf]

A53 .'' Cross-Cc»7a*i/*Q.occurs when harmful microorganisms are transferred from one

product to another by hands , utensils, equipment,or other physical contact.

£/c/1

354. Cross- contamination'' is one of the largest sources of foodbome illness." C /Jl

355.''Cross-contamination is often the result of negligence or ignorance on the part of the

foodservlce worker. v £/c/1

SSto/Hands are often the vehicles that transfer a contaminant.^C/i/l

35T. There is a difference between clean and sanitary. £/eafl describes a condition of being free

of dirt><greAse,or grime . / counter or piece of equipment may be clean,butmay not be sanitary !\ /Jat U4]

38

CM

ZS&? Xast/Atry rcf«rS to

env'ironmea+ tUt is free fmm

pathogens. • • « CllDio logical hazards are

often not visible to the nalced eye/" £/</3

A^'

surface Such a.<> a. table , cutting beard ,or piece of equipment that comes \n tortfeeUifh

food is considered a Aocy- Co/tfacl Sur/ace .*[/d]

a^O.' Food ~ contact- surfaces can harbor , or be home to, pathogens and lead to cross-Contamination,''!;^

2fel.‘ LOf an item such as a box of produce or chef’s toolbox is placed on a

worktable , the table most

be san'diicd once the item is removed. "[, /</at iao3

A4&. CS]mal l equipment and dishes must be properly s+ored in a designated area, offer cleaniha

and Sanitising ho protect them from contaminates. C/doi 123 3

24>3.Humans'are one of the main vehicles for food contamination

Z/dat \25-ia(ol

A<hS.'' The human body iso per feet environment for breeding and carrying biological hazards.'" [ /</ J

2Co5.v Good personal hygiene Kelps yo o avo id being a source of contamination in the kitchen." C/d]

aWo.* Hands... are the most likely source of contamination on the human body. Every time you touch

or work with food,your hands become contaminated /' L /t/otiaCo]

Q(b1, Every time you use the restroom ,touch your hair ,or scratch your skin,bacteria. are

transferred to your hands. [/</]

a<oS.v'Fingernails, jewelryC/wrlshbands],and open Cuts or burns on your hands can harbor

dangerous bacteria./" C Id 1

2fet.'v"During food preparation ,the only jewelry that should be worn on an employee.0* hands or

arms is a plain wedding barvd.

C/</•, see also Ex. 3 p, 233

210/Hair is a notorious breeding ground for bacteria." C Id at 121 ]

^11• Another book u sed by the £<s//siq/*y Prds class at the 13CCX affirms vuhot 15 alleged In

paragraphs 513-21.0 which refer to r/>e Cv/hery Professions/. See e.$., SerSeSa/e Course hook

iath Edition ,© Matioroi "Restaurant Assoclaf ion Educatlonai Founda.tion (h«re af ter collectively

'XerYS-Jafe )»Parker and Tied Son both h ave access to 7% Colmary ProPeSS/oKa/o.*\d Ser'/iSo.^e books

ai

cas

Since they are fine property of the TDOC. , and,what they provide to teach and train inmates about Sound

sanitary practicesfor Foodservice operations.

413.Food con become contaminated by * physical "objects. C\firrveJa/e at l-Li]

A73.''Foreign objects such as metal shavings,staples., [wristband pieces, J and bandage5can

get into food . 7 C /</ 3

314, Food handlers can cause a ?oodborr>€ illness if they do any of the following actions I

• Fail fa wash their hands correctly after using the restroom,

Cauc^h or sneeze on food ,

Tooth or scratch wounds and then touch food

[//at l- 5]

515.' Food handlert) can also pa.ss on pathogens when they are in contact with a person who

is sick.Some pathogens are passed very easiily ir\ any of these ways'.

* From person to person

• Tfiroo^h sneezing or vomiting onto food or food-contact Surfaces

* From touching dirty food'contact surfaces and equipment and then touching food

#n(o. Accordingto the.Food and "Drug Administration (FDA^ there are over 40 different kinds

of bacteria.,viruses,parasites, and molds that can occur in food and cause a foodborAC ilhess.Of these,

Six have been singled out by the FDA .These have been dubbed the tfc Big Six'5 because they are highly

contagious and can cause severe illness.

They include.:

* SA/je//z spp.

■ Ja/sno/ie/Za Typhi

* Nontyphoidal JaA/S/neS/a (NTS')

* Shiga toxin producing £scher/cA/a to/* ( STEC\also known a5 •/ Ca//

* tfepatitis A

' idorovirus " . L /</at 3-3 •, see also Ex. 3 pp. 34 and 30-351

30

<jZ 6

AT 7. Food h and 1 e rs can contaminate -food when they have"Cw]ounds thatconfod

r> a

paftogen. * C<fcrref/>/e at 4-51 ]

^ .''Some people also carry pathogens and infect others without getting sick themselves.These

people are called Carr/ers. ' Z /</ad 4_3 ]

3T4.' TFe bacteria J5y/orocct/j aesrestf is carried in the

nose o-P 30 to So percent of health

1

adult*. About 50 to 35 percent of healthy adults carry itontheir sk.n as well. Fooc| handler* transfer this

bacteria to food when they touch the infected areas of their bodies and then touch food." [/</]

&8Q*

iryfcc-fion*• • i5 pQ$f&<d ■from person 'Vo pcrsc>n^

™'nly ’m^edropU+5 in+K^air^in

food and Water, in human excrement, by flies and by the bite of insects/'C

lr Volume 3 at m3

53/. Boils and abscesses tcttain the poisonous substance s^/’A/Zocaccwand

infection on the hand5 or arm5 of anybody preparing food can

''such an

poison many otters .... [Staphylococcus

poison retains., its potency ever, after half an hours bailing. tformaily, staphylococci art found in the hu

nose and throat ...

[/</ Volume A at

man

]

583 • Representative Adams occasionally gets boild. [Seealso^j

]

3?3 • Eased on m'filrma.ticn and belief, other inmates in the TDoc’s cusWy get boils.

AM. An inmate that cares for a boil while wearing a wristband exposes and/or Contaminates

Same with the poison contained therein.

585.' Simple acts,such as running fingers through the hair,wiping or touching the nose , rubbing

an ear 1 Scratching the scalp,or touching a pimple or an Infected wound can Contaminate food, "tJerrtJM

at 4-1]

5S4>. Food preparers are ho''Cr]emoye jewelry from hands and arms before prepping food or when

working around prep area<s... .Bo not wear-emy of the following-.

* Rings ,except for a plain band

* "Bracelets ,including me3V£a.l brace-le-hS1

* Watches

[ //a+ 4-^ ]

31

Gi3i-

281. Jewelry can' bediff icult td clean and Can hold pathogens. ^ C /d1

M-Aramark has signs posted in the 8CCX Site 3 kitchen and dining hall that prohibits the

wearing of watches and bracelets by their employees.

AM, Regardless of- Aramark’s prohibition of employees wearing watches and bracelets,their

inmate employees are. wearing wristbands while working in theBCCX Site 3 kitchen.

MO.Based on information and belief all general population Aramark inmate employees

throughout the whole sto-teare wearing wristbands while working in the kitchenatl.7Z/t/7ewee Fv/es& fajv/a//a>?s Cre»*. Z, d Keys,") Chapter 1300-33-01-09, ^page 39

OXg") ,jwhicV\ is promulgated by the TbO H , states that ''Celxtept fo r a plain ring such as a wedding

band, while preparing food , food employees may not wear jewelry including medical information jewelry

on their arms and hands. " [See also, Zi. 3 at S3 3

3A3, <$/<zpfty/oco£CdS and F Co/t Tare] the bacteria, most frequently found when foodbornfc

illness outbreaks occur, £<fee €-g- t<,3 at A5 -3 J , dte/iyua/ LamLar//, Gomez

darcedo /\ Lopez

/*//, F/a<s<* •//--(aoi&'l /tcceSSQries od FoodFandfers <xodZes/ai/ra^d J%//aJa Jot/rce /or Food

CorttawriA-tioH , JFoodFicrabid/ J*/l ///f. MIOS. doi10.—3054? .ICO'OIO51

M3 .In-light of the facts described herein, the wearing of wristbands/bracelets by inmates

while preparing food, whether in the foodservice department ,the Cir/mary Frfj class,for per&ona.l

Consumption in the. housing units,or w itn visitors in the visitation gallery poxes an imminent biological

Wealth hazard to fhe class and may cause foodborne'ilWsses , 4nd communicable diseases which may

lead to death.

M4.lt is just as dangerous for inmates to prepare personal food for personal consumption While

wearing a wristband as it is fo r a. foodseruice worker t6 handle,prepare,and serve food to others .

MS. Hand hygiene is tr.tical during preparation of any food,whetW in the home or lnth« feod

processing or food service environment...

C

od 3\Jovroa/0/Food Pra/ecFo*

at HW- 73 , Copyright® International Association of Food Protection •"see alio pp-35-491

n

NoA,<aOlO,

t1—\

aK../4 0<?AWeh3l,aaiq HieTooC h<uUi,*7| ;niTlake5 iin i

i+5 custody Which weans that between

ftpprox.mdkly *,561 to 10,735 inmates have JfivAytccw a^s'M nos<s..CS<«

477. ^proximate lyM, 37 4 to 7,(oSV inmates in the Tdoo’s custody h

ave Sfapty/ocoecus ac/rec/J1

ontheir skin. C/G^Seealso47 |gs -j^vs 1

3t8. Inmates who die as a result 0f contracts

9 a communicable disease transported and/or

transmitted fay the wristbands as described herein leave behind families who suffer

emotionally and

financially as a result thereof.

Inmates who contract a communicable disease 4h

wristbands as described herein create an

at is transported and/or transmitted by the

unnecessary and preventable-financial burden on their family,

theTDoC, and taxpayers in medical expenses and loss of work.

300. Inmates who contract a serious illness, foodborne illness,>or Communicable disease

of the wristbands and conditions described herein will suffer

as a result

unnecessary pain that is preventable.

.UNSAFE CONDITIONS OF THE WRISTBANDS / PHYSICAL HAXAIVD.

301.Tennessee’s General Assembly has commanded that Tennessee’s inmates "shall be retired

to perfornn Some type of work... CondKw^ere possible, the labor should be directed toward projects such

as the manufacture or production of building materials. * 7e»»esSee AS*dMafa/tJ\ Hl-I-Hoa

Cl'landU'|.[3eea\sc,TV,.,/.§ 4I-AI-A07]

3ca. The Tennessee General Assembly has commanded, for the Tbac to h ave

due regard to that

employment that is most profitable" for inmates when assigning them to Same. 7TCj.^HI-Al-^IO.

303.The Tennessee General Assembly has created, the Tennessee Rehabilitative Initiative in

/

Correction ( TRICOR } to operate free-world type, man

ufacturing jobs in a partnership with the TDiJC and

<T!

frte- wor Id private Sector Companies thereby utilising inmate labor.C Sec e.g. TTd.rf. ft Ml-(.-iOl et seg. and

HTA3I- HOlet seg_. 1 .

3oM.Tfe.iCOR is required t © tom ply with Tboc policies in relation to its operations inside of TdoC.

facilities regarding inmates ,to wYt,a\Wnee of inmates to wear wristbands at work. C Ex.l at3

23

cm

305. TRICOR operates various ma nufaefuring plants throughout the state whereby inmates

work on or around machinery/equipment in the performance of their jobs.

3C(o.The Tennessee General Assembly bos further directed theTtoC. to prepare* inmates Ctol be

more profitably employed i’n TriCOR programs for their OVJ A welfare and the welfare of the state

7TCJ.^ 4l-dia-ll?.

307.In accordance with legislative intent and direction,Tdoc. Policy 50S. 07, Inmate Programming

C Jobs/Classes/Treatment"j was promulgated '' to provide, meaningful jobs... and to provide a system fo^

job advancement by establishing a uniform procedure for assigning inmates to institutional programs. '*

I//at§IE^ Ek.ta.tMi) ■, also available, at;

htts : //www.tn.gov /assets /entities/ correction /attachments

/ 505-O7.pdf >1

303.' Inmates may be assigned to positions without their reguest or consent "with the exception of

very few positions. CEx.q at 54 (FtCl) X

30t. Inmates may take more dangerous jobs out of necessity because they pay a higher wage and

they need such to have a means to provide for their f Inancial reeds and prepare for a success ful re-entry

back into Society,

310. Inmates who refuse an a ssignment are charged with a Class A disciplinary infraction for

refuse to participate and are subjected to the. consequences thereof if convicted of same. CE*.3> at 7

**55, also available ah • see.

<a% se//>ra ^ see aUo^ 6>A Sufi rad

311. A number of inmate class members are assigned to jobs such as *. HVAC Mechanic,Electrical

Appliance Servicer, and Electrical Repair that at times require them to work on or around live

energised electrical circuits .

31A.Metal )sa conductor of electricity.

313 .The wristbands are secured to inmates'wrist'«> ''with metal dual-grip fasteners ", [ Ex. I

at 8 (.S') (.5)]

3'H.A spark can jump from an anergieed electrical circuit to a conductor.

. M

cm:

315. An inmate that has a wristband secured to his wrist ''vw

i+hi t<0 mefal dual-grip fastener*

and. is required to work on a live energized electrical circuit is In imminent danger of a spark jumping

irorn vte circuit to the met«l -fastener on his wristband .

31fa. /In inmate that is retired to work on or around a live energized, electrical circuit while

wearing a wristband is in imminent danger of it Snagging on a

part of the equipment thereby causing the

inmate to poll and/or jerk into the live circuit and therefore causing Wim to be el-ectrocuted.

311, When a person sobers-from an electrical injury resulting f

subjected to the possibility of a severe burn, violent muscle spasm s that

rom being electro cuted they are

may cause broken bones.,and/or

cardiac arrest which may be fatal, C £~i'sh&e/rr tr Volume 3 at

31?. A number of class member Inmates are required to operate various kinds of machines /

equipment with exposed moving parts as part of their jobs .

31s!.The "baker., Cooks , and Kitchen or Cook helpers in the kitchen operate^ , inAr «/w,a meat

sllcer and large industrial type mixer.

330. Thetray room workers operate the tray, cup , and ware sanitizing machine.

3ai. Laundry workers operate large. Industrial washers and dryers.

333.Carpenter’s operate drills,Saws,concrete mixers, jackhammers,etc..

^B.k/elderV openate drill presses,band saws,grinders,etc..

334.Students in vocational classes operate drill presses,miter saws,-table saws,belt Sander?,

jointers,rooters, planners, arid various other shop related equipment.

335 .Tractor operators operate same with various attachments attached thereto and powered by the

power take off drive O'PTG"').

3a(o.TRlC0k workers throughout the state operate sewing machines, portable band saws,grinders,

and various kinds of mano •facturing equipment.

ri\

33T. Inmates perform an assortment of other jobs that require them to operate various kinds of

machinery/equipment.

35

CM

JAS./+ IS dangerous to work on energized electrical circuits with metal on your hands and/or arms.

3at. It isdangerous to work on and/or operate machinery /equipment with moving par+S While,

v_

wearing loose-fitting clothing,rings,watches.,and bracelet^.

330. Parker and Dodson ,as reasonable officials, were aware of the dangers described in paragraphs

3as-a.<t above.

331. One class member tested the strength of his wristband by suspendin^his entire body-weight

from Same and it held f irm and Carried his weight without breaking.

33Sk • Inmates working on or near machinery /equipment with moving parts are in imminent danger

of the wristband being snagged£>y same thereby pulling them into such,

333. /4n Inmate that is pulled into machinery /equipment with moving parts by a wristband is in

imminent danger of being maimed, and /or killed .

33H . Ihmates are continuous (y snagging the wristbands on various items that they come in contact

with throughout their daily activities thereby causing sudden jerking stops.

V.

335. Sodden jerking .stops place inmates in imminent danger of sprains and /or broken bones when

their full booty-weight and the mom entom thereof jerks against their wrist.

33(o. Inmates working in the kitchen are in imminent danger of their wristband snagging on cooking

equipment and causing them t0 jerk into Same which may result in severe burns.

33?. Inmatfis working in the kitchen are in imminent danger of their wristband snagging on a pot or

pan witho.n ektrem&ly hot substance. therein and pulling it off of the cooking surface causing the Contents

to spill «n themselves or someone else thereby resulting in severe b urnS.

338.'' Jewelry does not belong in the kitchen . Rings,necklaces., earrings,and bracelets

can get

caught on moving equipment and cause serious injury. " [ -fte Cv/'*ary PreftsstMa/at 131 ]

333. Inmates are dependant on Parker and "Dodson to pro vide them with a Safe work and living

environment.

3H6. Inmates who art maimed wViile. working at man datory or necessary unsafe jobs because of the

56>

cm

v_

wristbands as described herein ma^ 'h<Me difficulty obtaining employment upon release.

Ml An

.!». has dffitoH, aomlnj

.H«r release will »,«e w «u:ttllM| ^en

on their family and /or bav.pa.yers.

3t3i. Inmates who die as a result of the type of imminerTt injuries asdeseribed herein leave behind

families who suffer emotionally ^and , f( nanc ialty -from lost future income as a rcsu It thereof,

2H5. Inmates who are maimed o.nd /or electrocuted asa resultof the wristbands as described

herein will Suffer unnecessary pain that is preventable.

3Mb. Inmates W(ha are maimed or eltetrocoted as a result of the wristbands a-s described herein will

create an unnecessary and preventable financial burden on the Twc^and therefore

U boosts

related thereto in medical treatment and litigation costs.

MEWi Wt>'F,:£',E,lcE T°™

- .

Safety of

..............

am

31S'r“rke'' PUt !"*"9ht^ ftc h“"1' “d >«'«*<

.s th. ..ristW. *hen he Of^ti

Promula>yted.T,oC policy So(o.l3 § VI CEt , Identification of in^tes (the* regulation* \Cltf. I at

or internet

cite address available at 57 S3 st/pr*. 3

3M(o.Parker commanded that the wristbands''shall bemade of A

3H1. Parker commanded that the''c^ristbands shall meet

hypoallergenic mat ertdl/'Cy^at (513

or exceed ToSHA safety regulations for those

working In areas with machinery or Wvy equipment. "I/Pi

3HS. "Dodson participated in the creation of the regulation and enforces

5 Am ft,.

3^.Dodson approved the wristbands worn by the Representatives. [/yj

dM.-TKaDefoand^t's have approved and promulgated in T06C Policy ll(o.05

Sanitation of Food

Services ^that CtjUe. TDOC shall operate the food service program In accordance with the most current Food

Service Establishment Regu lotions <* Ufa’sti by theTennessee Department of health

§ V ^also available at: < ht+s • //www.tn.

:% U. 5*+%

Zl 4

gov /assets/entities/correction /attachments/llt-05.pdf >]

3 51 < Tho- Defendant ’5 have commanded compliance with all " health related regulations established

by the TDCH."CEx.Sat tS C3)]

37

C31

353.Tennessee s Legislature has caused legislation to be enacted which is'^citedas the<£ Tennessee

Food Safety Act”. ~ 77CJ. $ § &8-H -101 ef se^- ■

353 .Tha purpose of the TemeiSee FtoJJafefystcf is ''to ensure that foods served for public,

consumption are safe as prepared , served , and delivered , " 71C./1. ^ 68-14-703 .

354 .Tennessee s Legislature VigS exempted a. number of food service establishment’s from coverage

under the 7&,/tesSee. focc/ J±fe/y ^c/,however,prison’s are not one of them. 77C./f.^ i>8-IH-703(i).

355. The Tennessee Department of Health was created byTennessee's Legislator® .

SSfa.Tennessee ‘'s Legislature hasdelegated 'its authority fo the TloH fa promulgate roles and

regulations for the enforcement of the 7&nn&JSeG ttadSafe/y /fcf. 77C./4. ^ CoS-J4- TOM

35T.ThaTD0h',3 regulations , as set tort'n in Te^eSSee ^o/as d Fejo/a/wJ (" 7?^. F.

Chapter I3jOO-J3*OI for food service.establishments, <xre. the law in the state 0f Tennessee in relation thereto.

358.THe regulations established by the TDqK are what Tennessee has determined to be. thedecent

Standards of their society by virtue of the authority vested in theTDoH based on its experience and.

understanding in relation to food safety^and ether health-related matters .

354 .TfteDftfWantV are responsible -For com plying wifri and fcn&rcirvj sWe \aw ir\i\>edischarging

of their duties for the TDOC..

are responsible are Wearying with tbeUni+ed Shates Constitution in the

^'Stharging of their duties for theTDaC.

3!»l.The TDOH prohibits the wearirugof 'jew/elry including medical information jewelry onCthel

arms

and hands ^o? food employee's \u4ik preparing food .[ /Vat 1300-33-6l-.03k, p;'33'C 3TCgY*; See also Ex. 3 at

a3,35-38,341

3fca.TT}e..Dar«ndanf's Wave, approved, promulgated , and Commanded for precautions.^ be taken to

prevent the spread of communicable diseases.CEx.O at81-iol,TD0C Policy II3.M3,Communicable Diseases^ also

available at: <hhts:/Xvwn/.4n.gov/assats/entiVies/c6rret+;on/ahachm«nts/ll3'*4:a.pdf >“3

34>?

y'aYS- knowledge that a communicable disease is '>C<On illness due to Infectious

3$

a-33

a<3«nh such <XS,M not limbed to,bacteria,viruses,fungi, or parasites

contact or airborne draple+s from an Infected. person to a

frx>Cy'betf-drtSmitted by physical

v^eli person, from an animal tea. human being ,or

^rom an‘.reanimate object C doorknob,felefhone,tabletop,etc.Vto ahuman being/'CE*.!.at SltjvKA'l]

3M'WW^’S have knowledge that"Mef«f;+;s A is Wetted*

roo^h oral-fecal route ,

usualiy by food and water Contouminoted by feces," C //at <10 (EikCa'K.a.'. 1

SfoS.-Thep^endc,^ haYe knowledge that hepatitis B is transmitted' through Vi Ocbus, blood, and

other body fluids. [/</at taCSiJ

ifct.TTie Defendant's

have k«

OAJ

ledge of the hazards relating+0“ boils'1’^*4 sores « , fcv woundg**,

and “skin infections'* , C /da.t S3 (Til

3<e1. li is Common knowledge that hepatitis C is transmitted th rou

needle ,tattoo needle, or other sharp instrument that has been e

gh blood by items Sock) a-s an intravenous

Xposed to the virus and then Subsequently

penetrates the skin of a non - in-P eefed person.

368.The TDOC and /.r Parker have recently been involved in class action litigation in relation to

hepatitis.

3^. As a. result of the class action hepatitis litigation Parker and/er thcTDOC have knowledge of

the dangers of hepatitis.

310. "Tha. Defendant's

promulgation and enforcement of the regulation requiring inmates

to wear wriitWsw done with deliberate indifference, to the health and safety of inmates,correctional

officials, vis (tors, and volunteers wh0 frequent facilities

that house TcoC. inmates *Jhe« viewed iw the light

the other policies that they have promulgated hs protect the health and safety 0f p^ner's aS described

herein.

^ll.Tho.ne^rtciant’j' Have promulgated in TdoC. Policy IU.03,Occupahtana

I Health and Safety ,

safety guidelines for employ*** and offender workers^ prevent the occurence of accideni-producing

conditions within work./program /vocational 0m*a.CO /unit (.%)." [ £*.7 <*+ log

also available at •

< htts 1 //www. fn. gov/a ssets/entitie s/corr eeftan AHachm en+s/ui-02,. pdf ^ 3

31

C3q

3^ • TTi£ De.p«:»viQ«‘h,,<5 considered Hie safety aspects of the wristbands when promulgating j-he

regulation, have created and promulgated Safety related policies,and then Knowingtyand with deliberate

indifference, to the safety of inhia

i is6 disregarded what" they knew fa be contrary to Safe Working and

living conditions when they put the wristbands on inmates anyway.

373. Dodson approved the wristbands worn by inmates at the'BCC.K.

21^ .The. Da.fe/tdanfts have intentionally placed inmates in imminent danger of being maimed ,

electrocuted , and /or killed by placing wristbands on inmates and then requiring them to work in the

conditions described herein •,or,causing the inmates to be charged with d. se riouS’disciplinary

infraction if they refuse to do so.

315.Parker is a competent and reasonable official.

37Go. Dodson is a competent and reasonable off icial.

377, A reasonable off icial would know that compelling an inmate to work on or with machinery /

equipment with movimg parts ,or to work on energized electrical circuits while wearing a wristband

that is securely and permanently attached with Ck r>h etal fastener, would put inmates in imminent danger of

being maimed and/or electrocuted possiblyleadinghodeath.

31$. The overall risk of harm in relation to the wristbands is obvious.

374. The unsanitary and unsafe conditions as described herein are rust part of thc;inmate class

members' sentence of punishment imposed and amounts to cruel and unusual punishment in violation of

the eighth Amendment of the United States Constitution,which is applicable to Tennessee through the

Fourteenth Amendment of the United States Constitution,

380.All of the.Representatives have filed and exhausted grievances) through theTDoc,*5 procedure

that is established for same.

331.Dodson is the third awd final level of theTboc's grievance procedure^ and the decisions that he

makes in relation thereto are notfurfber appealable.

3*3 ,h response to the grievance"1 $

, Dodson concurred with the Warden's deceslon inrelation tb

HO

CHQ

+o+iia wristbands, who concurred with VWe"

response of supervisor of grieved employee ordepartment"

which w aS Associate Warden of Security Bert Boyd C Boyd‘0 who merely reiterated and reevted -the

regulation . C Es.Sat 10*7,(08 ,l|<? ]

3S3.S»,d ba!ej hi, r«P.„« t. the

R„™«„faK* AdW, „.r« uWfive

srlev^hfch.ir^^e^+^p^f iS*««h,J h.r.+oApp.nAlx.f E.hibi+Sa, Eflif.tJ

pages JOT"13|.

384. TRa Tboc uses a grievance board that is made op of 5 inmates and A correctional officials to

recommed potential Solutions to institutional problems.

385,The grievance board member lire and/or work in the prison system ,

3S<p.The grievance board members have personal knowledge of the day to day operations and

Conditions of the.prison.

381.The grievance committee / board found that*Mh« wr\sttands appear to be a health and

Safety issue .Recommend that this 1

issue be reviewed and corrective action taken includlogtkepossibility

of changing-h, A color code on the inmate ID cards." C /</at Ul7

j,:

388. A number cf ^Representative's ^plained about having mold on their wristband ,being cut

by same ^and working in the kitchen while w«aring same notinglhatthe gloves u5ed tberdado not cover

Samt. Z/e/1

38t. Covering the wristband with a glove is not the appropriate solution .E Ex. at 3 4

-4A3

340. Based on information and belief , in the Competent performance of his duties, Dodson informed

Parker of the issues set fortln in the Representative's grievance’s.

V> it

341.Representative Adams contemporaneously filed a petition for declaratory order with Parker in

relation +0 the regulation, which included a copy of Adams's grievance .

34S, Upon receipt of Adams's petition for declaratory order Parker referred Same to theTboc’s

i££. o? "Hit G»c.nc.r<a.( Court^&i "to review cxnd ir«spcnd to iame. &*-* Pcvrk$r\

'•

343. On July 8,3014 -Douglas Stephens responded to the petition for declaratory order notigg tW

41

cm

Adams s

request 4or action is on a. departmental policy matter and. 'is not Subject to a declaratory

order "under state law provisions. C/c/at 131 3

3^.Based on information and belief,In the. Competent performance of his duties,Douglas Stephens

informed Parser of the, legal implications in relation to the concerns addressed about tVie v\)ristbai\ds,towit,

that it was a. violation of state law for inmates to wear them while working in food services,among other

things.

3t5.0n Julydia,aoit Representative Adams drafted,and then placed in the u.S. Kail with sufficient

postage Shortly thereafter,a letter titled '' imminent Health Hazard-Posed To 7D0C Inmates And Civilians "

setting forth some of the sanitary concerns of the wristbands again and mailed same to Parker , "Dodson, and

several others^atrue and exact Copy of same being attached hereto in the Appendix, of E Khibits. C Ex. 8 at

J&o-IM]

3^(o. Parker is aware of the Sanitation and Safely concerns relating to the Wristbands,

3<J1. Dodson is aware of the sanitation and Safety concerns relating t® the wristbands.

d'tS.TKfi Dcfejnc/cwit *5

have chosen to not take any remedial action in relation+othedangers

posed by the wristbands despite the facts and concerns set Wh in the grievance's, petition for

declaratory order,and letter, which pointed out that the wristband's were in violation of state law ,

and, were unsanitary and dangerous in general. tEx.£ at iOT-131 3

JURY 3EMAHD

3R‘t.'The Plaintiff 's /Representative's demand a. jury tria.1,

claims for relief

HOO.The Plaintiff's /Representative's hereby incorporate all of the foregoing herein and hereafW.

HOI.TTieaction s of Defendant s Parker and bods*n as described herein were, performed under color

of state law, orthe lack thereof of action was performed undersame,,

Hoa.TTie D&fer><Wt’s... have a. lawful dvty to provide a. Healthy and safe environment for inmates

in their charge to serve their term of incarceration.

.Hi

/"^\

403.

^

** ^a,ve a.duty to ensure, that “Tennessee prlson^s ds «o+ 'impose Ond

Crutl and unusual punishment in violation of the Eighth Amendment of the United States Constitute on.fhe

In their Whdy,.«d to ensure that the policies that they create, pro mulgate ,*nd enforce ore In

compliance with Same.

HCX. TRa.P*fen</an+> are responsible for the. health and. well

-being of Hie inmates in their

custcdy,as well es tb«.ic safety..

405. "TSe Defendant^ cure r« Sponsible for faking reasonable measures to protect the health,

*»fcty,«nd well-being of the correctional officials,visitors,and volunteers who war* aV,and /ar,

freguent facilities where TboC “.mates are housed and interact with inmates while 6n the pr Wises thereof.

HekrftVL DeWfant’S both took an

oath to * fully, faitn folly, impartially, and diligently pirWn

all duties required of ' them inthe operation of Tennessee’:, prison V, and that they wouldl ''execute the

laws and, regulations prescribed for the government of the institution ",and, that they would

on no

occasional treat or abuse any convict under Cthelr} care,beyond We poriisb merit ordered by law,or the

rules and regulations of the institution . ' 77C.A, § Hl-|-|03.

NOT.The action’s of Defendant’s Parker and tfadson In creating,promulgating,and enforcingfboC.

Policy 50(o.l3, Identification of Inmates ivies'), were done With dehberocte indifference t«the health and

Safety of the class,they create unsanitary and unsafe conditions of con-finemerit by forcing inmates to

0*1

wear the permanently attached wristbands thereby subjecting the class to an imminent- danger of

contracting ,uptc^ cmd Including but not limited to,foodborne illness, other serious illnesses, bacterial

infections,yiral Infections, fungal infections,parasitic infections, ojid/or any other form of

communicable disease ,as wellaS an Imminent danger of , up to and including botnot limited to, any kind

of' physical iryury,being maimed, and/or electrocuted resulting insevere burns, violent muscle spas.nS

which may break bones ,and cardiac arrest , all of which rrux y cause the unnecessary and wanton

inflictisn of pain,suff«,rtn3 ,and/or <Wh contrary to trie, decent standards of society as established by

lennessean’s, and Such constitutes deliberate indifference to the health and Safety of the. class amounting to

43

. CH3 ‘

CrueUnd unusual pumsWnt in violation of the Eighth Amendment of the.United'StatesConst itution,

which is applicable. to Tennessee through 'Hie Fourteenth Amendment of 5am £.

relief requested,

WHEREFORE:, the Plaintiff's/Representative*'5 respectfully request that Hie, Court GRANT

the following relief

A. ISSUE a. declaratory judgment stating 4hat •.

I.TOOC. Policy £OC.I3 , Identification of Inmates ^ VI CE') is unconstitutidiVal in violation of

the Eighth Amendment of the United States Constitution.

"B. ISSUE a final injunction ORDERING, and ENJOINING "Defendant's TDOC Commissioner Tony

"Parker and Assistant Commissioner of Pr'iSon’s Lee Dodson to•

I. Immediately remove —if not already ordered by a preliminary and/or prospective injunction —

tte identification wristbands from the wrists and/or arms of all inmates committed to the

Custody of tbeTcoC for incarceration.

3.PERMANENTLY ENJOIN Ry PINAL INJUNCTION Hie o$e of any type of iJentif icatioin

wristband and/or bracelet that is permanentlyaftached and non-removable frorn

inmates'* Wrists arvd/orarmS.

C, AWARD attorney's fees , and the costs and expenses to prosecute this complaint as

allowed by applicable laws.

"D.Grant such other relief as it may appear that the. Plaintiff's /Representatives are

entitled to.

verification!

We Wave read the foregoing com plaint and herby verify that the matters alleged therein

are true,e-rtcepY as to matters based on information and belief^ and as t6 those ,we believe them

to be true.

H4.

Respectfully submitted on

this^J^day of QftWv

^ Cl/uh

<301<?

/s/

CHRISTOPHER ADAMS

328180 BCCX

1045 HORSEHEAD RD. '

BRUGE SMILEY

378381

1045 HORSEHEAD RD.

• PIKEVILLE, TN 37367

PIKEVILLE, TN 37367]

ISI

WARREN DAVIS

494328 BCCX

1045 HORSEHEAD RD.

PIKEVILLE, TN 37367

J^MES SPANlP

238562 BCCX

1045 HORSEHEAD RDPIKEVILLE, TN 37367

/SI

GARY SE^fcS

•148957 BCCX

1045 HORSEHEAD RD.

PIKEVILLE, TN 37367

/S/

£

CHAD BELL

467022 BCCX

104 5 HORSEHEAD RD

PIKEVILLE, TN 37367

/S/

JOJTN SAULSBERRY

125286 BCCX

1045 HORSEHEAD RD.

PIKEVILLE, TN 37367

ROYHTOGERjr

298186 BCCX

1045 HORSEHEAD RD'

PIKEVILLE, TN 37367

/”

/S/

JOSEPH OVERMAN

440455 BCCX'

1045 HORSEHEAD RD.

PIKEVILLE, TN 37367

/SI

RICHARD CALFEE

246178 BCCX

104 5 HORSEHEAD RD.

PIKEVILLE, TN 37367

/S/

RONALD HAYES 1

Q

470005 BCCX

1045 HORSEHEAD RD.

PIKEVILLE, TN'37367.

/S/

BARRY WADDELL

275036 BCCX

1045 HORSEHEAD RD.

PIKEVILLE, TN 37367

o

Sworn to and subscribed before me this

. /C/'day of Qcfah er

2qw_.

CMlDS AGUlLAR

551630 BCCX

1045 HORSEHEAD RD.

PIKEVILLE, TN 37367

■7

>Notary Public----------------------My commission expires

3 / ^ / £<2

X'-'

^

;

STATE \\fS%

Q{T

\

«£

= iTENNESSEE’

i A \ NOTARY /

h OPUBLIC ...

45

CMS:-

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......••'roKV

empire s

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF. TENNESSEE

AT CHATTANOOGA

CHRISTOPHER ADAMS, BRUCE SMILEY

)

WARREN DAVIS,. JAMES SPANN, GARY

)

O

SEELEY, CHAD BELL, ROY ROGERS

) '

JOHN SAULSBERRY, JOSEPH OVERMAN, )

RICHARD CALFEE, RONALD HAYES,

)

BARRY WADDELL, CARLOS AGUILAR

)

and ALL CURRENT and FUTURE

)

SIMILARLY SITUATED TENNESSEE

)

DEPARTMENT OF CORRECTION INMATES,)

CORRECTIONAL OFFICIALS,VISTORS,

) Case No.:; 1 •19-cv-296-HSM-SKL

and VOLUNTEERS,

)

'

Plaintiff's/Representative's,) §1983 CLASS ACTION

)

v,

) WITH JURY DEMAND

p 1

:A

f"

; ’-f! 1

TENNESSEE DEPARTMENT OF

CORRECTION COMMISSIONER TONY

)

PARKER and ASSISTANT COMMISSIONER)

OF PRISONS LEE DODSON (sued in

)

official capacity only),

)

Defendant 1s.

)

OCT 2 5 2019

Clark, U. S. District Court

Eastern District ofToniiossfie

At Chattanooga

APPENDIX. OF EXHIBITS

For to.sC o'? locating documents,Hiey are hereafter numb4'oed In chronological order

the bottom tenter oP each respective page.. Additionally .,an index of the exhibits is as

*f ©t low's:

JUD.fX

Exhibit

I

^ascription

Page CO

TboC Policy Sbis, 1$ ^ Identification of Inmates •, with tvuo (visiro's ?ron-> TiCCX

Associate Warden o? SeaJ nty Serf Boyd.................... , „.................................

3-H

<A

TDOC Policy 5tx3,0£>, Definitions of ■Disciplinary Offenses .............................

ia-is

3

Untied States "Department of Health and Human Services,, Centers -for

Disease Control and Prei/e.y\tion ,PoiA request & ia-oioi| — FoiA..............

I

Di

5

G’xl'iibif

Ee-scVipfioh

H

Page Cfi)

TdoC Policy 565.07, Jnmute ProgrammingCjobs/classes/Treirfmc

5

of)

46-75

TboC Policy /iO,05, Sanitation of Food Services

76-S<o

(d

TooCPoIi.cy 113„•&) rnb I e t) i s da s e s

.

;. ?'

j|

7

Tpoc Policy MS.03, Occupational Health and Safe!

8

sn -/oi

y

I0<3 -10<b

TDOC. Grievance Member 335703 •, uHer'3 to Par her , Dodson , and Generic

Imminent HealVh Hazard PoseJ foTDDC. nmc<

■fes ar\<i Civilt'a n 5 n^ wh tch ha J a

copy of'the response to Adams's pet'.t ion -Per declaratory orcjer attached

••107-131

i

v_.'

4

Da

ExfVib'i'f 1

Index

ADMINISTRATIVE POLICIES

AND PROCEDURES

506.13

Page

1

of 7

Effective Date: October 15, 2018

State of Tennessee

Department of Correction

Distribution: B

Supersedes: 506.13 (12/15/16)

Approved by: Tony Parker

Subject:

IDENTIFICATION OF INMATES

I.

AUTHORITY: TCA 4-3-603 and TCA 4-3-606.

II.

PURPOSE: To establish requirements for the inmate identification process.

III.

APPLICATION: All institutional employees and inmates, employees of TRICOR, and privately

managed facilities, and contract vendors.

IV.

DEFINITIONS:

A.

Also Known As fAKAT An indicator that an inmate is known by a name other than the

name under which the commitment was ordered.

B.

Committed Name:

____ The name shown on mittimus^ forms under which a court has

committed an inmate to the Tennessee Department of Correction (TDOC).

C.

Physical Identification Traits: Scars, marks, tattoos, or physical handicapping conditions

which aid in the positive physical identification of an individual.

D.

Strategic Technology Solutions (STS): A division of the Tennessee Department of Finance

and Administration responsible for managing and operating the IT and support functions of

the Tennessee Department of Correction (TDOC).

V.

POLICY:

VI.

PROCEDURES:

The TDOC shall require inmates to complete the identification process at

centers and thereafter as necessary to ensure the availability of the most

current physical identification and criminal history record.

A.

The following are general mandates concerning the inmate identification process:

1.

Inmates received into the physical custody of the TDOC shall be processed

through the identification section of the receiving institution.

a.

Staff assigned shall determine whether an offender management system

(OMS) inmate number exists for the inmate by reviewing Phonetic

Compare (LSWE), Name Search Compare (LSWN), and Offender

Attributes (LCLA) Option 5.

(1)

Staff shall exercise due caution to ensure that positive

identification is established prior to entering current information.

Staff shall thoroughly verify the committed name and known

aliases against OMS conversations listed in (a) above.

(2)

If an OMS ID (TDOC) number has not been previously assigned,

one shall be assigned by staff accessing OMS ID Add (LSWD).

%

03

Effective Date: October 15, 2018

Subject:

Index # 506.13

Page

2

of 7

The inmate’s current status shall be ascertained

Arrival/Departure (L1MD) for the following categories:

by

reviewing

IDENTIFICATION OF INMATES

b.

2.

(1)

New commitments (first felony sentence to TDOC or return with

new sentence following sentence expiration)

(2)

Return from escape (TDOC/privately managed facilities)

(3)

Parole violator

(4)

Return from bond

(5)

Interstate compact (parole supervision/interstate exchange)

(6)

Probation or community correction violator

(7)

Safekeeping

Aliases shall be reviewed, via Offender Aliases (LCLB), for all inmates entering

TDOC in the above categories listed in Section VI.(A)(l)(b). Aliases for new

inmates shall be entered under Offender Aliases (LCLB) during the classification

process from the pre-sentence investigation report, information from the county

sheriffs department, or the FBI criminal history report based upon fingerprint

processing.

a.

Aliases versus committed names should be searched against Name Search

Compare (LSWN)/Phonetic Compare (LSWE) and identification data on

Offender Attributes (LCLA) Options 1 and 5.

b.

Should an inmate be found to have more than one conviction/sentence

record or more than one OMS ID number, the institutional record office

shall be notified. The record clerk will immediately forward the necessary

information to the office of Sentence Management Services and STS for

appropriate action.

c.

Records of aliases received after an inmate has been assigned to a

permanent institution shall be verified against the committed name as

required above and entered on Offender Aliases (LCLB).

3.

Fingerprint processing shall be completed for the purpose of establishing or

updating the inmate criminal history information report prepared by the Federal

Bureau of Investigation (FBI).

4.

Photographs must be taken of all marks, scars, and tattoos on the. inmate to

establish or update the TDOC record of identity.

5.

Physical identification traits shall be recorded on fingerprint documents and entered

on Offender Attributes (LCLA) Option 1, using codes from the TB1 Criminal

Fingerprint Card Data Entry Manual.

H

Effective Date: October 15, 2018

Subject:

Index H 506.13

Page 3 of 7

IDENTIFICATION OF INMATES

6.

B.

Social Security Numbers (SSNs), or Individual Taxpayer Identification Numbers

(ITINs) for non-resident aliens, must be obtained if the inmate does not have or

know the number.

a.

Staff must request that an ITIN Application (W-7) be completed and filed

in the inmate institutional record (HR) for all inmates.

b.

A SSN can usually be obtained from inmates who are U.S. citizens

through the interview process or NCIC criminal history review. Those

who do not have a number shall be assisted in completing and mailing the

Application for Social Security Card Form, SS-5.

c.

The Chief Counselor/designee shall assist non-citizens in completing and

mailing ITIN Form W-7.

d.

Staff shall enter Contact Notes (LCDG) Contact Type - Inmate Pay

(IPAY), regarding forms being processed. The type of form completed

and when mailed shall be included in the comments. A copy of the

application shall be filed in the inmate’s institutional record, Volume II,

Section VI.

e.

Staff shall

ensure

the

return

of documentation to

the

Warden/Superintendent/designee in order to allow for entry of data into

OMS. The number will also be written in the space provided on the

Request for Taxpayer Identification Number and Certification Form W-9.

The contact note entered per (d) above shall be modified to include this

information. The document will be forwarded to the inmate.

f.

If the inmate has transferred during this time, the number will be entered

into OMS at the diagnostic center. The document will be forwarded to the

records office at the receiving institution for disposition.

g.

If OMS will not permit the inmate job coordinator to assign an inmate due

to no SSN or ITIN, he/she shall check Contact Notes (LCDG) to determine

if/when the W-7 or SS-5 was mailed. If it has been mailed at least six

weeks, or if there is no appropriate contact note, the job coordinator will

notify the unit manager. The unit manager/designee shall follow up on the

status of the application.

Identification photographs shall be made of the inmate's face/head in front of a standard

height chart with an identification plate positioned at the V of the inmate's neck. The

inmate's face shall be clean shaven (absolutely no. facial hair) for photographs during the

initial classification process. Inmates who fail to comply shall be subject to disciplinary

action. (See Policy #502.01)

1.

Front and right profile views shall be photographed. The profile view requires the

head to be turned to the left, leaving the body positioned forward.

2.

The identification plate shall include the following information in the listed order:

5

D5

Effective Date: October 15, 2018

Subject:

Index U 506.13

Page

4

of 7

IDENTIFICATION OF INMATES

v

C.

a.

Agency title: (TN DOC)

b. '

Inmate TDOC ID number

3.

One copy of the Face Sheet Application containing a color photograph of each

view shall be placed in Volume 1 and Volume II of the institutional file.

4.

Information Technology Services shall print and place a copy of the Face Sheet

Application, containing a color photograph of each view, in the departmental

inmate file.

5.

It shall be the responsibility of the institutional staff to ensure that each inmate has

an updated ID card that reflects their current appearance. During annual

reclassification, each unit manager, correctional counselor, unit sergeant, or

records personnel shall compare current photographs to the respective inmate for

updating. The Chief Correctional Counselor is responsible for monitoring this

procedure and ensuring the photograph comparison is accomplished. Inmates shall

be re-photographed as a result of changing their appearance by the alteration of

facial features, hair color, etc. as stated in Section VI.(D)(3).

6.

Inmate photos shall be updated, at minimum, once every four years. The cost

associated with updating the photo of an inmate on the four year cycle shall be the

responsibility of the institution. The Face Sheet application alerts staff when an

inmate’s four year cycle photograph (mug shot) is due. Staff has 90 days from the

date of that notification to complete and insert the new photographs

7.

The Warden/Superintendent of the receiving institution shall ensure that staff

member(s) are responsible for completing the information required on OMS

Screens LCLA, (Option 2 and Option 5), LCLE, and LCLC.

Fingerprint record processing shall occur via the TBI Automated Fingerprint Information

System (AFIS) electronic transmission from reception/diagnostic centers as required by the

TBI. In the event AFIS cannot be used, inked fingerprints shall be prepared on TBI

provided fingerprint cards until AFIS is restored; then inmates shall be electronically

fingerprinted.

• 1.

One red TBI fingerprint card and one red FBI fingerprint card shall be forwarded

to the TBI Criminal Records Unit with reply request indicated. At least one copy

shall be made and filed in the inmate institutional record (HR).

2.

Fingerprint record cards (supplied by the Records and Identification Unit, Forensic

Services Division, of the TBI) shall be completed in accordance with TBl

requirements.

3.

Fingerprint record cards returned to TDOC by the TBI due to unacceptable quality

shall be remade and resubmitted to TBI by the institution where the inmate is

assigned.

DCd

Effective Date: October 15,2018

Subject:

Index # 506.13

Page 5 of '7

IDENTIFICATION OF INMATES

D.

4.

When reception/diagnostic center staff receives the FBI criminal history record

(rap sheet), staff designated by the Warden/Superintendent in records/identification

sections shall promptly enter Offender Attributes (LOLA), Option 1 the FBI, state

identification (SID), and the FBI/NCIC fingerprint class numbers in the designated

fields.

5.

Reception/Diagnostic center staff shall forward the “rap sheet” to the institutional

record office of the inmate’s location. (See Policy #403.01.1)

All inmates shall be issued a laminated Inmate Identification Card, CR-2118, and advised

of the requirement to keep it on their person at all times unless required to surrender it

upon demand by TDOC employees. Inmates involved in acute or intensive mental health

treatment programs shall not be required to keep an ID card in their possession; the ID card

shall be maintained by the unit manager.

1.

Cards shall contain all required infonnation. The Face Sheet application will

generate and place the TDOC number, committed name, and birth date of the

inmate on the identification card. The TDOC number of inmates identified as

deficient in English Language Proficiency will be highlighted in blue.

2.

Identification cards shall be renewed in accordance with the requirements for

updating inmate photos. [(See Section VI.(B)(5)]

3.

If inmates lose or destroy identification cards, receive a legal name change, or alter

their facial features, they will be required to update their ID cards. They shall be

assessed a fee of $5.00 for the issuance of a new ID card and replacement of file

photographs.

4.

In cases of a court ordered name change, verification must be provided by the

institutional records office that the inmate has received a legal name change. The

inmate’s new legal name shall be considered an alias and entered in the AKA field

All

on the inmate identification card and on Offender Aliases (LCLB).

correspondence generated by Strategic Technology Solutions (STS) will continue

to use the committed name and OMS ID number.

5.

Identification cards shall go with the inmate when he/she goes on furlough. When

inmates are transported outside the secure perimeter of an institution their

identification cards shall be surrendered to the transporting/escorting officers. Any

other time, the identification card will be surrendered to TDOC staff upon an

inmate's release from custody, such as to parole or discharge at expiration of

sentence. Cards surrendered in cases of parole or discharge shall be forwarded to

the institutional records office and subsequently destroyed.

6.

The Reentry/Career Development Specialist shall assist the inmate with obtaining

any needed identification (birth certificate, social security card, etc.) beginning 90

days prior to the inmate’s scheduled release date. All identification documents

received shall be kept in the HR located within the facilities records office until the

inmate’s day of release.

7.

Inmates discharged from TDOC custody must have documents as outlined within

Policies #511.05 and #511.08.

n

Da

Effective Date: October 15, 2018

Subject:

Index # 506.13

Page

6

of 7

IDENTIFICATION OF INMATES

E.

Wardens/Superintendents at each TDOC facility and privately managed facilities shall

establish procedures governing the mandatory use of colored wristbands to be worn by all

TDOC inmates assigned to general population and other units approved by the

Warden/Superintendent. These wristbands will be attached to the inmate’s wrist and shall

be utilized to enhance security measures of inmates attempting to enter unauthorized areas

of the facility, such as housing units which the inmates are not assigned. Each

W-arden/Superi-ntendent shall establish procedures on how wristbands are monitored at

strategic locations.

A location shall be designated where the application of wristbands shall be applied

by authorized staff. This location shall take into account the amount of housing

unit changes occurring on a daily basis in an effort to avoid heavy traffic areas. All

wristbands and related equipment will be maintained in a secure area and strict

accountability of all items/equipment must be maintained.

2.

All wristbands shall be color-coded based on housing unit assignment with no

color-code or color pattern being repeated. Segregation units will not be assigned a

colored wristband.

3.

A placard or door frame of the unit entrance door shall match the color-code or

color pattern of the wristband for those inmates housed within the designated unit.

The door color-code or color pattern shall be visible to the camera covering the

unit entrance

4.

It is the responsibility of the officer to examine each inmate’s wristband to ensure

the inmate is entering the proper unit/area.

5.

The wristbands shall have a width no less than one and a quarter inch and shall be

made of a hypoallergenic material and attached with metal dual-grip fasteners, not

plastic. Wristbands shall meet or exceed TOSHA safety regulations for those

working in areas with machinery or heavy equipment. All wristbands must be

approved by the Assistant Commissioner of Prisons.

6.

If an inmate is discovered to have tampered or altered the wristband, a new

wristband shall be applied immediately. The tampered or altered wristband shall be

placed in evidence and the inmate shall be charged with destruction of state

property. If the inmate is convicted of the infraction at the disciplinary hearing, the

inmate shall be assessed a $15.00 replacement fee in addition to the $4.00 Class B

disciplinary fine.

•7.

Any inmate refusing to wear the required wristband shall not be housed in general

population until compliance has been met, a disciplinary shall be issued for

defiance.

VII.

ACA STANDARDS: 4-4285.

VIII.

EXPIRATION DATE: October 15, 2021.

8

p 8

Effective Date: October 15, 2018

Subject:

Index if 506.13

Page 1 of 1

IDENTIFICATION OF INMATES

mms

msmm

00000000

00000000

00000000

DOE

DOE

DOE

JOHN

JOHN

JOHN

DOB:

Issued:

01/01/1960 HT: 00'00"

6/5/2003

WT: 000

DOB:

01/01/1960

Issued: 6/5/2003

HT: 00'00"

WT: 000

DOB:

Issued:

01/01/1960

6/5/2003

HT: 00'00"

WT: 000

Signature

Signature

Signature

Terautffee Departmeni of Correction

Tome**** Department of Correction

Tam&see Bqtaiirivati of Correction

CR 2118 (Rev. 6-03)

Photo

CR 2118 (Rev. 6-03)

Photo

m

CR 2118 (Rev. <5*03)

Photo

mits

AJ Dep.-irti^eni: of

23. Correction

To: All BCCX Staff and Inmates

From: Bert Boyd, AWS fa

Date: December 22, 201 r

Subject: ID Card Counts

Be advised that effective immediately the 10:30am count, the 3:30pm count and the

9.00pm count will all be an ID count inside the housing units only. Inmates in the

housing unit will stand at the cell door and present their inmate identification card to

the counting staff name and number side first and then turn the card around to the

picture side for verification of identification and proper cell assignment according to the

disciplfnary action '^ d°6S n0t C00perate with this Proce^re will be subject to

During business hours the Unit Managers will ensure the unit rosters are kept current

by the housing unit officers and the Shift Commanders will ensure this after hours and

on the weekends. Housing unit staff should understand that the unit rosters

are very

important and must be kept correct and current.

The 5:30am sitting/standing count will continue to be conducted in the same manner

as it has been. Inmates will not be required to present their identification card during

this count.

a

A Policy Change Notice addressing these procedures is forthcoming and should be

available soon.

Please contact me with any questions.

Xc:

Warden

Units

Shift Commanders

Unit Managers

file

Bledsoe County Correctional Complex - 10-13 Horsehead Road • Pikeville, TN 37367* Tel:

'123-881-3231 • Fax: 423-881-42/26 • ui.gov/Correaion

10

Dio

mMm Department'of

lij

(Correction

to; At! BCC)f StaRf amd I

Fron; Bert,Boyd, AWS(_

Date: lxl0yeteber'26, 2018^

Subject: Inmate Wristbands

The purpose of this memo .Is to advise all. staff and Inmates that BCCX will soon implement a

wristband identification procedure. This procedure will be unit specific with color coded wrist bands

for each general population unit which will have.a corresponding color on the door and inside the

unit. Units 2 through 16 at Site 2, the Annex, Unit 28, 21D pod and 25B pod will have a designated

wrist band applied'to all Inmates .assigned to these units. The application process will begin within

the next two weeks with a majority of the applications belng.done after the 9pm lockdown.

Be advised that this Is mandatory per Policy 506.13 IDENTIFICATION OF INMATES and the wristbands

are not to be-tampered with or altered after application. Any Inmate who refuses or is.found to have

tampered or altered a wristband will be subject to disciplinary action as specified by Policy 506.13

below:

6. If an inmate is discovered to have tampered: or altered the wristband, a new

wristband shall be .applied immediately. The tampered or altered wristband shall be

placed In evidence and the Inmate shall be charged with destruction of state

property. If the Inmate is convicted of the infraction at the disciplinary hearing, the

inmate shall be assessed a $15.00 replacement fee in addition to the $4.00 Class B

disciplinary fine.

7. Any inmate refusing to wear the required wristband shall not be housed In general

population until compliance has been met, a disciplinary shall be issued for

defiance.

Xc:

file

Warden

Shift Commanders

Unit bulletin boards

Unit management offices

:

Bledsoe County Correctional Complex • 1045 l-lorsebead Road • Pike.ville, TN 37367- Tel:

'*23-881-3251 • Fax: 423-881 -4226 - tn.gov/Correc.tion

U

Oil

Index #: 502.05

ADMINISTRATIVE POLICIES

AND PROCEDURES

a

Page

1 of 7

Effective Date: January 11, 2019

State of Tennessee

Department of Correction

Distribution: B

Supersedes: 502.05 (1/11/16)

Approved by: Tony Parker

Subject:

DEFINITIONS OF DISCIPLINARY OFFENSES

AUTHORITY: TCA 4-3-603, TCA 4-3-606, TCA 40-35-501 as amended.

II.

PURPOSE: To define the rule infractions for which an inmate within the physical custody of the

Tennessee Department of Correction (TDOC) may be disciplined and/or criminally prosecuted.

III.

APPLICATION: To all TDOC and privately managed institutional employees and inmates, and

employees of Tennessee Rehabii itative Initiative in Corrections (TR'ICOR).

IV.

DEFINITIONS. Attempt. To attempt an act occurs when an accused makes a substantial but

unsuccessful effort to commit said act. This effort entails more than mere preparation.

V.

POLICY: The TDOC shall consistently and uniformly apply the definitions below to alleged

and/or adjudicated offenses which are the subject of disciplinary proceedings and which may be

referred to the local district attorney general for further prosecution.

VI.

PROCEDURES:

A.

The rule infractions defined below classified as either Class A (most serious), B, or C (least

serious).

'

1.

Abuse of Telephone Privileges (TEL! (Class B or Cl: Making unauthorized use of

telephone, abusing equipment, or violating any other written directive relating to

inmate telephone use.

2

Abscond (ACM) (Class A): To flee custody from indirect supervision. (Indirect

supervision is defined as periodic observation and monitoring of offenders as is

reasonable in order to supervise said offenders who are assigned to a work crew,

detail, or similar assignment not inside the secure perimeter of a facility. This also

applies to offenders who flee from Probation or Parole supervision or Furlough.

Absconders may be considered for prosecution for the criminal offense of escape)

3.

Arson (ARS) (Class A-): An act committed by any inmate who willfully and

maliciously sets fire to or bums, causes to be burned, or who aids, counsels or

procures the burning of any personal property, any house, building or other

structure, the property of himself/herself or another.

4.

Assault on Staff with Weapon (ASW) (Class A): The assaulting of any staff

member, visitor or guest , using any object as a weapon, including any liquid or

solid substances thrown on or otherwise projected on or at such person, regardless

of whether contact is made. The use of teeth will also constitute a violation of this

rule.

Z'~\

IA

oia

Effective Date: January 11, 2019

Subject:

Index U 502.05

Page 2 of 7

DEFINITIONS OF DISCIPLINARY OFFENSES

5.

Assault on Staff without Weapon CAS O') (Class A): Hostile physical contact or

attempted physical contact with a staff member, visitor or guest, including, but not

limited to hitting, shoving, wrestling, kicking or similar behaviors.

6.

Assault on Offender with Weapon (AOWJ /Class AT The assaulting of any inmate

using any object as a weapon, including any liquid or solid substances thrown on or

otherwise projected on or at such person, regardless of whether contact is made.

The use of teeth will also constitute a violation of this rule.

7.

Assault on Offender without Weapon (AOCD CClass A): Hostile physical contact or

attempted physical contact with an inmate including but not limited to hitting,

shoving, wrestling, kicking or similar behaviors.

8.

Attempt to Abscond (ACA) CClass A): To attempt to flee custody from indirect

supervision.

9.

Attempted Escape (AES') (Class A): To attempt to flee from direct custody or

supervision of the TDOC.

10.

Attempted Suicide (SUC) (Class BJ; Situation in which an individual has

performed an actual or seemingly life-threatening behavior with the intent of

jeopardizing his/her life or presenting the appearance of such intent, but which has

not resulted in death.

11.

Burglary (BUR) (Class BJ: The breaking and/or entering into a building, room(s),

or storage areas therein used and/or occupied by any person(s), or institutionalareas specifically secured from or otherwise off limits.

12.

Conspiracy to Violate State Law (CVS) (Class A or BJ: Two or more persons,

each having the culpable mental state required for the offense which is the object of

the conspiracy and each acting for the purpose of promoting or facilitating the

commission of a state criminal offense, agreeing that one or more of them will

engage in conduct which constitutes such offense. If a person guilty of conspiracy

knows that another with whom the person conspired to commit a criminal offense

has conspired with one or more other persons to commit the same offense, the

person is guilty of conspiring with such other person or persons, whether or not

their identity is known, to commit such offense. The state law and TCA Code

violated shall be cited in the incident report. -

13.

Contraband (CONI (Class B or Cl: To have, own, gain, or maintain control of

item(s) which are either prohibited or not specifically authorized, or in excess of

what is authorized by departmental or institutional policy. Any such item(s) found

in a cell or. room is presumed to be in the possession of all occupants of that

housing space.

.13

D13

Effective Date: January 11,2019

Subject:

Index # 502.05

Page

3

of 7

DEFINITIONS OF DISCIPLINARY OFFENSES

14.

Defiance (DFNf fClass A or B~): To curse, insult, or threaten a staff member,

visitor, or guest in any manner. Prohibited conduct includes but is not limited to

abusive or insulting conversation, phone calls, letters, or gestures by an offender.

Also, to obstruct, resist, distract, or attempt to elude staff, or any effort to do the

above, in the performance of their duties or to intimidate or attempt to intimidate

staff in order to manipulate staffs actions.

15.

Destruction of State Property ('DSP) tClass BY Willful abuse and/or destruction of

state-owned property. All guilty dispositions may result in the assessment of

restitution for the amount of damages.

16.

Destruction of Personal Property (DPP-) /Class BV

destruction of the personal property of another.-

17.

Dress Code Violation ('DRV') fClass Cl: Failure to properly wear prescribed

clothing in designated areas or in the manner mandated by TDOC Policy.

18.

Drug Paraphernalia (DRP) fClass BY Any objects found of any kind which are

used, intended for use, or designed for use in injecting, inhaling, ingesting, or

otherwise introducing drugs into the human body. Such items include but are not

limited to pipes, tubes, cans, needles, etc.

19.

Drugs - Possession/Selling/Use CDPO') /Class A or BY To have, own, gain, or

maintain, control over illegal drugs, or unauthorized medications, including

narcotics, hallucinogens, opiates, barbiturates, stimulants, marijuana, including

synthetic or K2, or medications in a manner not prescribed by a dentist or physician

or the sell or exchange of any illegal drugs or medications. Any such item found in

a cell or room is presumed to be in the possession of all the occupants of that

housing space.

20.

Escape (ESC) fClass A): To flee custody from direct supervision, custody, or

control (such as while in transport to or from court, a hospital, or other venue) or

from within the confines of a fenced facility.

21.

Extortion (EXT) (Class B):

To either verbally or by written or printed

communication maliciously threaten to accuse another of a crime, offense or

immoral act; to do any injury to the person, reputation or property of another, with

intent thereby to obtain any money, property, or pecuniary advantage whatever; or

to compel the person so threatened to do any act against his/her will.

22.

Failure to Report as Scheduled (FRS) (Class C): Failure to be at a designated area

at the prescribed time.

23.

Falsifying. Altering, or Forging an Official Document CFAL) (Class B or C):

Changing, modifying, or altering the writing of others, or, the fraudulent making of

any writing. This includes falsifying documents such as passes, ID cards, letters,

etc.

■-''“A

m

DiH;

Willful abuse and/or

Effective Date: January 11, 2019

Subject:

Index # 502.05

Page 4 of 7

DEFINITIONS OF DISCIPLINARY OFFENSES

24.

Failure to Turn in Earnings fFTEl fClass BO: The failure of inmates assigned to

applicable external work programs as required by said program to deliver their

salaries or other income to the institution.

25.

Fighting (FIG1 (Class B or Cl: A physical altercation between two or more persons

without weapons.

Note: If a weapon is present - staff will also charge the inmate with Possession of a

Deadly Weapon. If the Weapon is used, then the incident becomes an Assault on

Inmate with weapon

26.

Flooding fFLDl (Class B or Cl: Deliberately causing cell or unit walk to become

flooded with water.

. 27.

Furlough Violation (FV11 (Class Bl: Failure to adhere to rules and regulations

governing conduct during a period of authorized absence from the facility.

28.

Gambling/Gaming fGAGl fClass Cl: The act of wagering items of value, in a game

of chance.

29.

Homicide fHOMl (Class A): The killing of another person.

30.

Horseplay fHORl fClass Cl: Rough frolicking, not to the point of fighting.

31.

Indecent Exposure ffNDl fClass B or Cl: The deliberate exposure in front of

another person of the breasts, genitals, or buttocks in a manner intended to excite,

embarrass, or threaten that person.

32.

Intoxicants - Use. Sell. Exchange. Possess HUS') fClass Bl: The wrongful

possession, use, selling, or exchange of alcoholic products, inhalants, or misuse of

prescribed or legal drugs causing an alteration of one’s physical or mental state,

commonly termed “under the influence.”

33.

Larceny (LARI fClass Bl: The unauthorized taking, receiving, or carrying away of

state property or the personal goods of another person.

34.

Late Returning fLRTl fClass B or Cl: The failure to return to a specific place at

the appointed time after authorized attendance at a job, school, training program or

appointment pass.

35.

Littering fLlTl (Class Cl:

unauthorized areas.

36.

Mutilation fMUTl (Class B or CL To cut, stab, rip, tattoo, bum, or otherwise

damage a particular portion of the body by self-inflicted means.

37.

No TDOC ID Card on Person fNIDl (Class Cl: Failure to maintain ID card in

possession.

38.

No TDOC ID on Clothing fNOCl (Class CL Failure to mark or maintain proper

TDOC identification on clothing.

IS

DI'S

Carelessly or deliberately discarding materials in

Effective Date: January 11,2019

Subject:

Index U 502.05

Page 5 of 7

DEFINITIONS OF DISCIPLINARY OFFENSES

39.

Operating Unauthorized Vehicle (OUVl (Class B or CV The operation of arty

vehicle, either state or private, without written permission.

40.

■Q.u.t of Place (OOP) (Class Cl: Being present in a restricted or prohibited place or

any unauthorized area not governed by general call-out or any area without either

written or verbal permission.

41.

Participating in a Riot (PIRt___________

(Class AV To organize, promote, encourage, or

directly take part in an institutional disturbance involving an assemblage of several

persons which conduct creates grave danger of substantial damage to property or

serious bodily injury to persons.

42,.

Participation in Security Threat Group Activities ('PGA! (Class Ah To organize,

promote, encourage, or directly participate in a security threat group or security

threat group activity.

43.

Pending Investigation (PIN-) (No disciplinary class designation usedk Designation

to be used when an inmate is suspected of a Class A or Class B infraction, and the

senior security officer determines that the inmate should be segregated pending

investigation.

44.

Personal Property Violation (PPV) (Class B or Cl: Possession of personal property

in violation of TDOC and/or institutional policy (i.e., over 6 cubic feet of property;

items not allowed by the commissioner's property list; appliances with no TDOC

identification number, a defaced or altered number, or another inmate's number,

etc.).

45.

Possession and/or use of a Cellular Telephone/Communication Device (PCT1

(Class B): To have, own, gain, use or maintain control of a cellular telephone or

any device which allows unauthorized/unmonitored two-way communication. Any

such item found in a cell or room is presumed to be in the possession of all

occupants, of that housing space.

46.

Positive Drug Screen (PDR1 (Class B1:

categories of drugs of abuse.

47.

Possession of a Deadly Weapon (PDW) (Class AT To have, own, gain, or

maintain control over any object likely to cause serious injury or death. Any such

object found in a cell or room is presumed to be in the possession of all the

occupants of that housing space.

48.

Possession of Free-World Money (PFM) (Class B or Cj: To have, own, have

control of or attempt to bring unauthorized free-world money into an institution.

49.

Possession/Use/Introduction of Tobacco Products Offender (PTO) (Class B or C):

To possess, own, have, control of, use, introduce, or attempt to introduce into a

correctional facility cigarettes, pipes, pipe tobacco, tobacco substitutes, chewing

tobacco, snuff, matches, cigarette lighters, smoking paraphernalia, and other items

developed or processed for the primary purpose of facilitating the use or possession

of tobacco or tobacco-related products. Any such object found in a cell or room is

presumed to be in the possession of all the occupants of that housing space.

DUo

A positive test result for one or more

Effective Date: January 11, 2019

Subject:

Index U 502.05

Page 6

of 7

DEFINITIONS OF DISCIPLINARY OFFENSES

v.

50.

Possession of Security Threat Group Materials (PGM) (Class A): To have, own,

gain, or maintain control over any material identified as affiliated with a security

threat group that includes, but is not limited to items such as: publications which

contain articles, illustrations, or advertisements in known security threat group

publications; documents of by-laws, ceremonial procedures, rosters, hit lists,

memorandums, use of colors, hand signs, drawings, membership cards, certificates

of rank, letters of introduction, or any other article or document specifically

associated with security threat groups. A security threat group is defined as a

group of individuals possessing common characteristics which serve to distinguish

them from other individuals or groups whcrhave beerrtfclermined to be acting in

concert, so as to pose a threat or potential threat to staff, other inmates, the

institution or the community.

51.

Rape (RAPJ (Class AT The act of forcing or coercing (through violence or threats

of violence) an individual to submit to sexual intercourse (vaginal or anal) or other

sexual acts to include cunnilingus and fellatio. The sexual penetration or act is

accomplished without the consent of the victim and the defendant knows or has

reason to know at the time of the penetration or sex act that the victim did not

consent. It shall also include the sex act of forcibly introducing foreign objects into

an individual’s body cavity (vaginal or anal) without the victim’s consent.

52.

Receiving Two Food Trays (TFT) (Class C): Obtaining additional trays of food by

going through serving line more than one time or by other means.

53.

Refusal of Cell Assignment (RCA) (Class B or CT):

assignment made by a TDOC employee.

54.

Refusal of/or Attempt to Alter Test (RAAJ (Class BE Refusal to provide an

adequate breath or urine sample for a drug or alcohol screen upon request, refusal

to sign any chain of custody forms, or attempting to change or modify documents,

urine, or blood content for the purpose of creating false negative test results.

55.

Refusal to Participate (RTP) (Class A): Refusal by any inmate to accept or report

to or adequately participate in any assigned work, educational, or vocational

training programs.

56.

Refusing to Provide DNA Specimen (RDNYClass AV Refusal by any inmate who

has been convicted of a sex offense as outlined in T.C.A. 40-35-321, to provide a

DNA specimen when ordered to do so.

■57.

Sexual Harassment (SXH) (Class B or Q: Making sexually related comments, •

gestures, or written communication to another person.

58.

Sexual Misconduct (SXM) (Class B or C): Any sexual conduct involving an

inmate, including those instances where the preponderance of evidence is

Refusal to accept a cell

indicative of a preparation for, or immediate conclusion of such acts, including acts

involving people, objects, or animals.

IT

Dn

Effective Date: January 11, 2019

Subject:

Index # 502.05

Page 7 of 7

DEFINITIONS OF DISCIPLINARY OFFENSES

59.

Solicitation of Staff (SOS') /Class BY

To ask or seek a relationship with

institutional or contract employees which extends beyond the normal in

inmate/employee interaction. This includes, but is not limited to, fraternization,

business transactions, social association, romance, or friendship.

60.

Strong-armed Activity CSAA~) (Class BY

inmates to participate in any act.

61. .

Strong-armed Robbery fSAR~) /Class A or BY The forcible taking of money or

goods of any value from another person.

62.

Tampering with Security Device or Equipment /TSD1 /A or BY Tampering with

locking or other security, devices or equipment causing that device to malfunction

or become inoperable.

63.

Threatening Offender (TOF) (Class Cl: A threat to an inmate, whether verbal or

physical, explicit or implied.

64.

Unauthorized Financial Obligations/Transaction fUFT) (Class B or CD: The

selling, borrowing, or lending of goods (whether monies or property) or services

between inmates or between inmates and free-world persons. Entering into any

financial obligation between inmates or between inmates and free-world people

without the. consent of the Warden is also an unauthorized financial

obligation/transaction.

65.

Violation of TDOC/Institutional Policies (VPR) (Class B or CY Failure to comply

with written rules governing inmate behavior. The incident report shall cite the

TDOC policy or institutional policy violated, including policy section and

subsection numbers.

66.

Violation of State Law (YSL) fClass A or BY Any violation of T.C.A. not

specifically addressed in this policy. The incident report shall cite the state law and

TCA Code.

-•—n

Intimidation or coercion of unwilling

B.

Class A and B disciplinary offenses may be referred, at the Warden’s/Superintendent’s

discretion, to the local district attorney general for possible prosecution.

C.

The acronyms listed in parentheses in Section IV.(A) are OMS abbreviations of

Disciplinary (LIBK). The category "Violation of TDOC/Institutional Policies" (VPR) is to

be used to enter those offenses not otherwise listed in this policy.

D.

All offenses which may be classified as A or B, or as B or C, may be so designated at the

discretion of the disciplinary board/hearing officer depending upon the seriousness of the

offense.

VII.

ACA STANDARDS: 4-4226 and 4-4231.

VIII.

EXPIRATION DATE:

January 11, 2022.

13

DlS

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Public Health Service

Fxhib'rl'i

Centers for Disease Control

and Prevention (CDC)

Atlanta GA 30333

August 21, 2019

Christopher Adams #328180

Bledsoe County Correctional Complex

1045 Horsehead Road, Unit 5

Pikeville, Tennessee 37367

Dear Mr. Adams, #328180:

This letter is our final response to your Centers for Disease Control and Prevention and Agency for

Toxic Substances and Disease Registry (CDC/ATSDR) Freedom of Information Act (FOIA) request

of July 22, 2019, assigned #19-01011-FOIA, seeking:

“...information relating to foodbome illnesses, up to and including but not limited to:

1. Rings, watches, and bracelets harboring pathogens, and why they are prohibited from

being worn by those who prepare food in food service establishments; .

2. How Hepatitis A, B, and C are transmitted;

3. What causes foodbome illnesses and how they are most commonly transmitted;

4. What the symptoms of foodbome illnesses are; and

5. Any statistical information in relation to foodbome illnesses being transmitted through

poor sanitary practices, up to and including but not limited to, those transmitted because

of people wearing rings, watches, and bracelets while preparing food.”

We located 2 pages of responsive records and 23 pages of reference material. After a careful review

of these pages, no information was withheld from release. More specifically, the CDC/ATSDR

National Center for Emerging and Zoonotic Diseases (NCEZID), and the National Center for

HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHFISTP), Subject Matter Experts (SMEs)

relayed the following:

NCHHSTP SME (2 pages): .. .a comprehensive fact sheet that responds to the requester’s

questions about transmitting hepatitis A, B, and C.

NCEZID SME (23 pages): The National Outbreak Reporting System contains only outbreak

records and investigation information that do not address broad questions about foodbome

illness. Instead, some reference materials are attached to provide further information on the

topics requested.

In accordance with the Department's implementing regulations, 45 CFR Part 5, no fees are due for

FOIA processing request # 19-01011 -FOIA.

rq

DIB

Page 2 - Christopher Adams, #328180

' If you need any further assistance or would like to discuss any aspect of the records provided please

contact either our FOIA Requester Service Center at 770-488-6399 or our FOIA Public Liaison at

770-488-6277.

Sincerely,

Roger Andoh

CDC/ATSDR FOIA Officer

Office of the Chief Operating Officer

Phone: (770) 488-6399

Fax:(404) 235-1852

#19-01011-FOIA-

ao

oao

MM

§

U.S, Statistics

HEPATITIS A isoaused

by the Hepatitis A virus (HAV)

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virus (HBV)

•.'Estiihated^i'SOd'new infections

••Es! naled 19.2C0 hew.ihiocddns.'n '20.14

ii;:23«

" ':V'

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Hepatitis C virus (HCV)

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•tvRudinsiickior ether s:-;irp :nstr;,.r•:eht injuriss

: lib -s s \c 6 rri tr’) bn! y th ro u c;tf:

•'•SexuaiiedrifadtryWih' ari infected person

• Birth fo an infed:e'd'rnother '

•' N e edibs t i bk-ip^ P.V^0/'s iarp tnsirum ont injures

•- A..’_____

• VTra vieT e'rs XtoVie @ io iis with

intermediate or'bi:;r, rates

c! Hepatitis-A

'

• Sex contacts Of .infe.ctp.ci

persons

.

• Household n'.eiilbers or

caregivers of infected persons

•:tvi'eri who:havc;sex:vvith mor

• Useisfofccrtiiin fiegal dregs

(injeGtlomand nor-injection)

Persons at Risk

y*. iPefs'6p s ;Wi t i i. cip tt i h g - Ific to r

disorders

Incubation Period

15 to:5G’ days (average: 28 days)

. ^.ilrifarit's'ihdfhlQ'ilhfectedimoihers: ‘

• Sex partners of infected persons

•■Peprons wif'vm'jt.pti sex partners

••'Current cr'tdrmef:ih;ec*.ion drug' users: ■

* ;Bcc piop.fsrof piottiiagjfactcr conseritrates

before'1987 ’ '

•X Ft e"9.i,Pj ir>Ti5t.& !-ii? t6.prd*;it r'es n sf)Usi S n's of dbn titl'd

♦iPersons'withaasxup.iiy ::aus''i::;e.'.‘:(!isSase:(STD)

’?d(gdhs)Befi^|^p'9|2?y::''-; '''

, • Menwiia iiavfi.sexwitiMr.n:!

•d||ngWffi||^|n^!^|g3i!|hts

; ♦ tnjectio'vtiriid users

• jperscnsAyjth-knoWn exposures foticy

t •: Household contactsjoUnfeoted persons

.fe;gi;^Mjfi^|||iS|if^fiMdddie^igkSi• Hda'ti.icare.and p.ibi.c sa!e:y v-orki;:s. exposed to

. ree pients/pf;b)bcd:br|b.'3ians ^froni a donor

• biosd on tne job

’.vhd laVerTes.teHXfXbsititeifcr jt6\0‘

: ••'Hemodialysis patients .

<;piHiVyinfepto'dr'pcrsohsi

. :

; • iRcsioents anifM'foffnSiities fd;. (ievelOprnentelly ::

•:jrifl!^Bgii3gd®;!®fflpthers:

, ,(i! s.atr:ed por srrirs

• Tmvo'crs to ruij'drs.wkh iutermemate or higti.ratos :

01 Hepatitis 3 dIBsAg p;evr-'ence of >2::/o)' '

4 5't o/iBO ^ id a y s i (ay e ra g er. 12 0 days)

I t to 180 caivg .(average; 4.5 days)

Symptoms of

Acute Infection

^5SymRtdnis;pfiej|i^pes-pf.yi!;anidpafitjs:ahe:similar;aiid;(;aP:iiiclu;ip c

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Petition for Writ of Certiorari — Christopher Adams, et al., Petitioners v. Tony Parker, et al. | Frix