Lancey v. Multnomah County Inverness Jail

District Court, D. Oregon

Lancey v. Multnomah County Inverness Jail

Trial Court Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JACOB LANCEY, Case No. 3:21-cv-00217-AA

Plaintiff, ORDER

v.

MULTNOMAH CO. INVERNESS JAIL; MULTNOMAH COUNTY SHERIFF’S OFFICE,

Defendants. __________________________________

AIKEN, District Judge.

Plaintiff, a pretrial detainee at the Multnomah County Inverness Jail, filed this action pursuant to

42 U.S.C. § 1983

and alleged violations of his rights under the Fourteenth Amendment. See Pierce v. Cty. of Orange,

526 F.3d 1190, 1205

(9th Cir. 2008) (explaining that, under the Fourteenth Amendment’s Due Process Clause, pretrial detainees have a right against jail conditions that “amount to punishment”). Specifically, plaintiff alleges that he contracted COVID-19 as a result of the conditions at the Inverness Jail and defendants’ alleged failure to protect inmates from contracting the virus. In Clark v. Multnomah Cty., Case No. 3:21-cv-501-AA, the plaintiffs filed a proposed class action on behalf of inmates who contracted COVID-19 in Inverness Jail or the Multnomah County Detention Center. Plaintiff arguably would be a member of the proposed class in Clark, and I find that a stay in this case is appropriate pending a decision on class certification in Clark. Accordingly, defendants’ Motion to Dismiss (ECF No. 14) is DENIED with leave to

renew, and this action is STAYED pending the resolution of class certification in Clark v. Multnomah Cty., Case No. 3:21-cv-501-AA. IT IS SO ORDERED. DATED this _2_8_t_h_ day of October, 2021.

________/_s/_A_n_n_ _A_i_k_e_n________ Ann Aiken United States District Judge

Reference

Status
Unknown