(49-1) Broward Jail Settlement

Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 1 of 19
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into between the Settlement Class defined in
Paragraph 5, below, Disability Rights Florida, and Sheriff of Broward County, Florida:
I. INTRODUCTION
1. On June 5, 2020, Plaintiffs, for themselves and proposed class members confined
at the Broward County Jail, filed a complaint and writ of habeas corpus alleging that the fact and
conditions of their confinement violated their rights under the Eighth and Fourteenth Amendments,
the Americans with Disabilities Act, and the Rehabilitation Act. They sued the Sheriff of Broward
County, Florida in his official capacity, seeking remedies to address alleged substantial risks of
their contracting the COVID-19 virus, and of suffering serious illness or death should they contract
the virus. Plaintiffs contend that Defendant must implement the remedial measures set forth in
this Agreement in order to address the ongoing risk from COVID-19 transmission and infection at
the Broward County Jail.
2. Defendant asserts that prior to Plaintiffs’ June 5, 2020 filing of the complaint, the
Sheriff, his staff, and contracted staff at the Broward County Jail implemented most of the remedial
measures Plaintiffs are demanding; that Defendant’s COVID protocols at the Broward County Jail
were and remain compliant with the Eighth and Fourteenth Amendment, the Americans with
Disabilities Act, and the Rehabilitation Act; and, that Defendant will continue to implement the
remedial measures addressed in this Agreement. Defendant is entering into this Agreement
solely to avoid the cost, expense, and uncertainty of litigation and neither this Agreement,
nor any action taken by Defendant pursuant to it, shall in any way be construed as an admission
by Defendant of any liability, wrongdoing, or violation of law, regulation, contract or policy in
any claim, action, or lawsuit against Defendant.
3. The parties have reached this Agreement after arms-length negotiations. The
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purpose of this Agreement is to address the risk from COVID-19 infection at the Broward County
Jail consistent with public health principles. The Class, Disability Rights Florida, and Sheriff
stipulate that this agreement is fair, reasonable, and adequate to protect their interests. The parties
further stipulate, and jointly request that the Court find, that this Agreement complies in all
respects with the Prison Litigation Reform Act, 18 U.S.C. § 3626(a), and that the Court has the
authority and sufficient record to enter and approve this Agreement.
II. PRELIMINARY AND FINAL APPROVAL OF SETTLEMENT
4. The settling parties shall jointly submit this Settlement Agreement to the Court for
Preliminary Approval along with a proposed order for Preliminary Approval providing a schedule
for notice, proposed notices (in English, Creole, and Spanish) of Preliminary Approval, objection
period, and fairness hearing, and proposed notice of the final remedy for posting upon Final
Approval under Rule 23(e) of the Federal Rules of Civil Procedure.
5. Defendant will not oppose a motion filed by Plaintiffs for certification of a
Settlement Class for purposes of settlement (“Settlement Class”) of persons who are being, or will
be, confined in the Broward County Jail at any time while the Agreement remains in effect,
including any facilities where the Defendant may in the future confine persons. The Settlement
Class includes but is not limited to persons who are Medically Vulnerable as defined in this
Agreement. Should the class not be certified, then this Agreement shall not take effect.
6. Pending approval of the Agreement, the parties shall comply with its terms.
III. DEFINITIONS
7. “Settlement Class,” “Plaintiffs,” “detainees,” “patients” and “prisoners” shall mean
all persons who are Florida residents who are being, or will be confined in the Broward County
Jail, including any facilities where the Defendant may in the future confine persons.
8. “Sheriff” and “Defendant” shall mean the Office of the Broward County Sheriff,
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Gregory Tony, as Sheriff of Broward County, Florida, and any and all of his predecessors or
successors in office, and any and all of his deputies, appointees, employees, and contracted entities
or staff, who work at the Broward County Jail, or otherwise provide services to the Class.
9. “Settling parties" shall mean the Settlement Class, Disability Rights Florida, and
Sheriff.
10. “Jail” shall mean the Broward County corrections facilities, including any facilities
where the Defendant may in the future confine the Class.
11. “Directive” shall mean any policy, post order, bulletin, form, order, instructions, or
other document setting forth operational standards, the responsibilities of staff, and/or the rights
of prisoners.
12. “Cohorting” is the practice of housing together in a unit for a set time a defined
group of prisoners in a non-punitive setting.
13. “Quarantine” is the practice of confining together in a unit individuals in a non-
punitive setting who have had close contact with the same person or persons who are suspected
or known to be COVID-19 infected.
14. “Medical isolation” refers to the isolation of persons with known or suspected
COVID-19 infection in a non-punitive setting consistent with CDC Guidance for purposes of
testing, symptoms screening, and/or medical monitoring.
15. “Medical monitoring” refers to a clinical assessment of a patient with known or
suspected COVID-19 infection to determine the patient’s condition so as to initiate more assertive
care if clinically indicated.
16. “Sick Call” means a request for or encounter regarding health care services by
members of the Class.
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17. To “implement” means: a written directive has been drafted and disseminated to all
staff responsible for following or applying the directive; all relevant staff have acknowledged
receipt of the directive; compliance with the directive is monitored; the directive is consistently
applied; and, there are corrective action measures to address lapses in application of the directive.
IV. COVENANTS OF THE SETTLING PARTIES
18. Defendant shall maintain sufficient records to document that the requirements of
Section V of this Agreement are being properly implemented and shall make such records
available to Plaintiffs either while on site or promptly in response to requests for off-site
production. Should Defendant determine it is necessary to revise any directives related to the
substantive terms of this Agreement, Defendant shall provide such revisions to Plaintiffs for
comment before implementation, unless such revisions require immediate implementation to
protect the health and safety of prisoners or staff and in such case Defendant shall provide Plaintiffs
with such revisions within 24 hours after implementation; however, nothing herein requires
Defendant to adopt any recommendations for changes to such revisions proposed by Plaintiffs.
Except as provided herein, all final revised directives shall be produced to Plaintiffs within 72
hours after implementation.
19. Plaintiffs and their retained experts are entitled to conduct reasonable monitoring
of the Jail’s compliance with this Agreement including the right to inspect the Jail, interview staff
and Settlement Class members, request and receive documents and information while off-site,
review and receive copies of relevant records, and observe practices related to compliance with
the provisions of this Agreement. When inspecting the Jail, Plaintiffs and any experts retained
shall have the right to utilize any necessary equipment, excluding any recording equipment, with
prior notice to and approval of Defendant. Such approval shall not be withheld absent reasons
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reasonably related to the security of the facilities. If recording equipment is requested by Plaintiffs
and is approved by Defendant, such recording equipment will be provided by, and remain in
possession of, Defendant who will utilize it at the direction of Plaintiffs. All recorded images from
inside the jail shall be subject to review by Defendant, who has the right to object on security
grounds to the introduction of any such images into the public record, and may provide Plaintiffs
with redacted images of such recordings. The Court shall resolve by motion all objections related
to either Plaintiffs’ request to utilize equipment, to its use after approval, or related to any images,
should the parties be unable to do so.
20. Failure by either party to enforce this Agreement, if entered, or any provision with
respect to any deadline or any other provision shall not be construed as a waiver of its right to
enforce these or other deadlines or provisions of the Agreement.
21. If any circumstance occurs that causes an inability to timely carry out any
requirements of the Agreement, the Sheriff shall notify Plaintiffs’ Counsel in writing within three
(3) calendar days after the Sheriff becomes aware of the circumstance and its impact on the
Sheriff’s ability to perform under the Agreement. The notice shall describe the cause of the
inability to perform and the measures taken to prevent or minimize the inability and to remediate
its impact. Defendant shall implement all reasonable measures to avoid or minimize any such
inability and to remediate its impact. Nothing in this paragraph shall affect Plaintiffs’ ability to
enforce this Agreement.
22. The Agreement shall be applicable to, and binding upon, all settling parties, and
their respective officers, agents, employees, contractors, assigns, and their successors in office.
23. In the event any provision of this Agreement is declared invalid for any reason by
a court of competent jurisdiction, that finding shall not affect the remaining provisions of this
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Agreement.
24. Should a dispute arise over Defendant’s compliance with any terms of this
Agreement or over substantial compliance with the Agreement itself, Plaintiffs shall first notify
Defendant, in writing, of the claimed non-compliance and the parties shall confer in an effort to
resolve their dispute before seeking relief from the Court. If the parties are unable to resolve their
dispute within seven (7) days of the Plaintiffs’ written notice, the dispute is at impasse and either
may seek relief from the Court by proper motion. Any motion addressing compliance or substantial
compliance must be filed no later than fourteen (14) days after the impasse, absent an agreement
or order to extend the filing period. Should a party file a motion for enforcement, contempt,
modification, cancellation, or rescission of the Agreement, the Court shall set the matter for an
evidentiary hearing, entering an appropriate scheduling order setting discovery deadlines for the
hearing, unless otherwise agreed to by the parties. Plaintiffs shall file any motion pursuant to
this paragraph no less than thirty (30) days before the 15-month term of this Agreement expires
per paragraph 25, below.
25. This Agreement shall expire in its entirety upon the earliest of:
A. Twelve (12) months from the date of final approval of the Agreement if the
COVID-19 emergency orders (“Emergency Orders”) for both the State of Florida and
Broward County have been lifted as of that date;
B. Subsequent to twelve (12) months from the date of final approval of the Agreement,
but before fifteen (15) months from the date of final approval of the Agreement on any
date when the Emergency Orders are lifted; or
C. Fifteen (15) months from the date of final approval of the Agreement.
Should any motion timely filed under paragraph 24, above, be pending and unresolved by
6

the Court at the time of occurrence of an event specified in subsection A, B, or C, above, this
Agreement shall not expire until such time as the Court resolves the motion.
Any motion filed under paragraph 24, above, subsequent to the occurrence of an event
specified in subsection A, B, or C, above, shall be untimely and the Court shall deny any such
motion on that basis.
26. With respect to any motion filed under paragraph 24, above, the Court shall not
extend the term of this Agreement if Defendant is in substantial compliance. “Substantial
compliance” means the Defendant’s consistent compliance with all material provisions of this
Agreement throughout the time the Agreement remains in effect and does not require 100%
compliance. Sporadic and isolated deviations from the requirements of this Agreement shall not
constitute a failure of substantial compliance, provided that the Sheriff demonstrates that the Jail
has (a) implemented a reliable system for tracking compliance and for taking appropriate
corrective measures in response to instances of non-compliance, and (b) that the Sheriff has
instituted policies, procedures, practices, and resources that are capable of durable and sustained
compliance beyond the termination of this Agreement.
27. The Court shall retain jurisdiction to enforce the terms of this Settlement
Agreement until the Agreement expires or entry of a Final Order under the terms of Paragraph 24,
above.
28. Following expiration of the Agreement and/or entry of a Final Order pursuant to
paragraph 24, above, the Court shall retain jurisdiction for the limited purpose of determining the
parties’ entitlement to and amount of any award of attorney’s fees and litigation costs, to the extent
not previously determined or otherwise resolved by agreement of the parties.
29. The Agreement resolves all claims asserted within this litigation.
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V. SUBSTANTIVE TERMS
Caveat: Below, this Agreement sets forth the substantive protocols and procedures
the parties have agreed the Sheriff will continue to implement and comply with upon the effective
date of this Agreement. It is the Sheriff’s desire that this Agreement also specifically identify the
protocols and procedures the Sheriff was performing prior to the litigation and prior to any
settlement negotiation. Plaintiffs agree to allow the Sheriff to make that identification via
“Sheriff’s statements,” below; however, Plaintiffs have not verified the Sheriff’s statements via
discovery or other means. Plaintiffs therefore do not intend the inclusion of the Sheriff’s
statements as any form of admission or acknowledgment by the Plaintiffs that the Sheriff’s
statements are factually accurate. The parties agree that the inclusion of the Sheriff’s statements
shall not be construed as Plaintiffs’ admission to, acknowledgement of, or agreement with the
Sheriff’s statements.
30. Defendant shall continue to implement and comply with the following:
ADMISSIONS:
31. Conduct temperature and COVID-19 symptom checks consistent with CDC guidance
at intake/booking.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation.
32. Maintain social distancing of at least six feet in intake holding cells and other areas
where newly admitted persons are held before their transfer to Jail facilities where
possible. Defendant shall document all instances where prisoners were not kept at
least six feet apart, providing the reason for why they were not kept at a distance of
six feet, and timely report to Plaintiffs on these instances. Newly admitted prisoners
shall be provided face coverings before entering the booking area. No one shall spend
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more than six (6) hours in the booking area. Staff shall wear face coverings and
gloves in the booking area while within six feet of prisoners. The term “face
coverings” as used in this Agreement shall mean a covering made of cloth covering
the nose and mouth that is capable of being sanitized on a regular basis; and, surgical,
KN95, and N95 masks that are utilized and replaced on a regular basis and per
manufacturers’ instructions.
33. Prominently display in all prisoner housing units, the booking area, and other
common areas in an accessible format information on COVID-19 infection
(including symptoms, transmission), measures to prevent infection (e.g., frequent
hand washing with soap and water or use of hand sanitizer, avoid touching face/eyes,
coughing into elbow, wearing face coverings, and social distancing), importance of
reporting symptoms, purpose and methods for quarantine and medical isolation.
HOUSING & SOCIAL DISTANCING
34. Identify all persons who are vulnerable to serious illness or death because of COVID-
19 infection, including all medically vulnerable persons.
Sheriff’s statement: The Sheriff has instituted this procedure as a result of negotiation
with the Plaintiffs.
35. House medically vulnerable persons so they can maintain social distancing of at least
six feet from others when possible; be housed in a non-punitive setting in single cells,
or, at a minimum, not in cells with other prisoners whose COVID-19 status is
unknown or with those who have pending tests or who are symptomatic. Defendant
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shall document all instances where medically vulnerable persons are housed in
conditions that did not allow them to maintain a distance of six feet, providing the
reason for why they were not kept in conditions that allowed them to be housed six
feet apart, and timely report to Plaintiffs on those instances.
Sheriff’s statement: The Sheriff had determined to implement this procedure prior to the
lawsuit and was proceeding in that regard at the time Plaintiffs filed the litigation. The
Sheriff completed implementation after Plaintiffs filed the litigation.
36. Implement a housing plan that would allow, where possible, prisoners to maintain
six-feet of social distance from others while in their cells (including implementation
of head-to-foot sleeping) and common areas, including day-rooms, dining-areas,
recreation-areas, and bath and shower rooms. Defendant shall document all instances
where prisoners could not maintain a distance of six feet due to a lack of available
bed space, providing the reason for a lack of bed space, and timely report to Plaintiffs
on those instances.
37. Lay out tape markers at six-foot increments in areas where persons are required to
line up or congregate for medications, security searches of cells and housing units,
recreation, and food service.
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38. House persons who test positive for COVID-19 in medical isolation in individual
cells in separate housing units, not in cells or on tiers with non-positive, test-pending,
or symptomatic persons.
39. House symptomatic persons in medical isolation in individual cells in separate
housing units, not in cells or on tiers with positive or other symptomatic persons.
40. Restrict transfers of prisoners from other jurisdictions, unless (1) those persons have
pending criminal charges in Broward County, and the Florida Supreme Court lifts the
standing order restricting inter-jurisdiction transfers or the jail is otherwise compelled
by law to receive the prisoner into custody; or (2) the prisoner is a federal detainee
whom the Jail must accept by law or by pre-existing agreement with the United States
government.
41. Restrict transfers of prisoners within the facilities except as necessary for medical
evaluation, quarantine or medical isolation, clinical care, extenuating security
concerns, release, or to prevent overcrowding. Where transfer is necessary, perform
symptom screening and temperature check consistent with CDC recommendations
prior to person’s transfer. Sending and receiving facilities shall communicate the
COVID status – i.e., positive viral test, negative viral test, close contact of someone
COVID-positive or suspected of infection – of any persons transferred between
facilities before their transfer, and shall ensure that the transfers and prisoner
movement are consistent with CDC Guidance.
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42. Implement lawful alternatives to in-person court appearances where permissible.
SCREENING, TESTING & CONTACT TRACING
43. Test all of the following for COVID-19 infection: (1) prisoners and staff who display
symptoms; (2) prisoners who are exposed to a person who has tested positive for
COVID-19; and, (3) prisoners who are medically vulnerable persons and who have
been incarcerated for a minimum of 72 hours, except where such person meets the
criteria for testing in 43(1) or 43(2), above. Medically vulnerable persons is defined
as persons 65 years of age and over, persons who are both age 50 and over and who
are hypertensive, and persons of any age who suffer from certain underlying medical
conditions which the Centers for Disease Control and Prevention has determined are
at an increased risk of severe illness from COVID-19.
Sheriff’s statement: The Sheriff was testing prisoners and staff who displayed symptoms
and prisoners who had been exposed to a person who had tested positive for COVID-19
prior to the litigation. The Sheriff has instituted the remainder of this procedure as a result
of negotiation with the Plaintiffs.
44. During the life of this Agreement, Defendant shall report to Plaintiffs on efforts made
to expand testing to all prisoners and staff at the Jail, and shall comply with CDC
Guidance for correctional and detention facilities that expand testing beyond that
provided in this Agreement. The parties shall confer regularly as to whether expanded
or universal testing should be implemented. These efforts shall include ongoing
communications with local and state health officials to secure any testing supplies,
12

equipment and personnel necessary to provide expanded or universal testing
consistent with public health guidelines
Sheriff’s statement: The Sheriff was testing in compliance with CDC guidelines prior to
the litigation. The Sheriff has instituted the remainder of this procedure and has expanded
testing as a result of negotiation with the Plaintiffs.
45. Identify persons who came into contact with others (staff or prisoners) who test
positive or are symptomatic and apply clinically appropriate cohorting, quarantining,
and medical isolation procedures.
46. Clinically monitor persons who are quarantined or medically isolated for known or
suspect exposure to COVID-19, including conducting twice-daily temperature
checks, symptom screening, and pulse-oxygenation testing.
47. Defendants shall offer at no cost vaccinations for seasonal influenza (“flu shots”) to
all prisoners to the extent Defendant’s medical vendor is able to procure such
vaccinations. Defendant and the medical vendor shall make their best efforts to
procure sufficient vaccinations for all prisoners, and shall notify Plaintiffs if they are
unable to do so, and document their efforts.
QUARANTINING, COHORTING, MEDICAL ISOLATION, & MEDICAL CARE
48. Implement CDC-compliant cohorting, quarantining, and medical isolation
procedures for those who test positive, who are symptomatic, or those who have come
into close contact with such persons, including Jail staff.
13

49. Cohort newly-admitted persons for 14 days in separate housing units, and monitor
them on a daily basis for COVID-19 infection before they are transferred to units in
other Jail facilities, except for prisoners who require mental health or medical
services necessitating their being moved to the infirmary, where they will thereafter
be cohorted for 14 days. Those who are a high escape risk or pose a security threat
such that administrative segregation is necessary will be single celled in a unit
consistent with their security and classification status.
50. Do not cohort medically vulnerable infected persons with other infected individuals.
If cohorting such individuals is unavoidable, make all feasible accommodations to
prevent transmission of other infectious diseases to the higher-risk individual.
51. Waive all co-payments for sick calls for any individual reporting COVID-19 related
symptoms, such as fever, cough, diarrhea, aches, or breathing difficulties. All routine
medical appointments shall include CDC compliant COVID-19 symptom screening
and temperature checks
PPE, CLEANING AND DISINFECTING PROCEDURES. AND PERSONAL HYGIENE
SUPPLIES
52. Provide prisoners with two face coverings that can be used as well as sanitized or
replaced per manufacturers’ instructions.
14

with the Plaintiffs. The Sheriff currently provides one (1) face covering to prisoners and
replaces same weekly or as needed.
53. Provide clear instructions to prisoners on the proper use of face coverings, including
sanitation procedures and supplies for cloth masks, and instructions on proper
donning, doffing, and disposal of PPE; and compliance with applicable CDC
Guidelines.
54. Provide Jail staff with face coverings and other PPE and supplies appropriate to their
duties in the Jail as recommended by CDC Guidance, including N95 respirators,
surgical masks, protective eye-wear, gloves, and/or gowns/coveralls for those
working in units with prisoners who have tested positive or who are symptomatic.
Staff shall where possible restrict their movements between units such that they move
from areas of low risk of exposure to areas of high risk of exposure, rather than vice
versa, per CDC Guidelines.
55. Instruct and provide assistance on a regular basis and as needed to prisoners with
physical, mental health, and developmental disabilities on the proper use and
maintenance of face coverings, as appropriate.
56. Provide prisoners with sufficient CDC-compliant equipment and supplies to clean
and disinfect their cells, dayrooms, and common areas and surfaces on a daily basis
and throughout the day.
15

57. Instruct prisoners with physical, mental health, and developmental disabilities on
how to properly clean and disinfect their cells on a daily and as-needed basis.
58. Instruct prisoners to clean and disinfect high-touch surfaces and common areas
throughout the day and provide them with sufficient CDC-compliant cleaning and
disinfecting equipment and supplies and protective gear.
59. Provide cleaning and CDC-complaint disinfecting equipment and supplies such that
showers and bathrooms may be cleaned after each use.
60. Provide prisoners with unrestricted and free access, subject to appropriate
supervision, to cleaning, disinfecting, and sanitation supplies, including:
a. Disinfectant wipes or other disinfectant products for daily cleaning of cells and
common areas, including day-rooms, dining-areas, and bath and shower rooms;
b. Sanitation supplies to allow prisoners to wipe down utensils, cups, phones,
video-modules, kiosks and other shared “high-touch” surfaces before and after
each use;
c. Clean water and CDC-compliant disinfectant for use in cleaning and
disinfecting cells and common areas;
d. Gloves and other protective gear for cleaning cells and common areas;
e. Hand soap, with replacements upon request, or hand sanitizer with at least 60
percent alcohol; and
16

f. Disposable paper towels for drying hands.
EDUCATION & TRANSPARENCY
61. Instruct prisoners on the latest CDC and other public health guidance on COVID-19,
including best practices about preventing COVID-19 infection and transmission. This
shall include instruction in a manner adequate for class members with low literacy or
for whom English is not their primary language.
a. Plaintiffs who test positive and are admitted to special medical units shall be
provided individual education by a health care professional.
62. Track and report upon statistics and other data concerning COVID-19 infection and
transmission in the Jail, including:
a. Number of prisoners with confirmed COVID-19 infection (total cumulative);
b. Number of prisoners tested (weekly cumulative);
c. Number of positive and number of negative results received (weekly
cumulative);
d. Number of Correction Staff with Confirmed COVID-19 positive (total
cumulative);
e. Number of Jail Health Staff with Confirmed COVID-19 (total cumulative);
f. Total Population in Custody (snapshot);
g. Total New Admissions (weekly cumulative);
h. Total Pretrial (snapshot);
i. Total Sentenced (snapshot);
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j. Total held on Technical Parole Violation (snapshot);
k. Total Aged Fifty (50) and Over (snapshot);
l. Total in Infirmary Status (Men’s and Women’s Infirmary) (snapshot);
m. Total Pregnant Women in Custody (snapshot);
n. Number in Quarantine Status; Exposed (snapshot);
o. Number of Persons Under Investigation (PUI) (snapshot);
p. Number COVID-19 in Cohorted Housing (snapshot);
q. Total Hospitalized that are COVID-19 related (snapshot);
r. Hospital Admissions that are COVID-19 related (weekly cumulative);
s. Hospital Discharges for COVID-19 admitted patients (weekly cumulative); and
t. Deaths that are COVID-19 related (Weekly Cumulative and Total Cumulative).
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation,
except that the Sheriff was not reporting to the Plaintiffs. Following commencement of the
litigation, the Sheriff has reported the information to the Plaintiffs forthwith upon Plaintiffs’
requests.
63. Report any failure of third party emergency response personnel to respond to medical
emergencies at the jail facilities related to COVID-19 to the Broward County
Department of Health.
ADDITIONAL PROVISIONS
18

64. If a medically vulnerable prisoner does not meet the criteria determined for their
release, they shall be monitored for COVID-19 infection including twice-daily
temperature checks and other preventative measures detailed in this Agreement.
Sheriff's statement: The Sheriff has instituted this procedure as a result of negotiation
24_
Agreed to this _ th day of November, 2020.
Terrence Lynch. Esq. Benjamin Ste enson

Counsel for Defendant Gregory Tony Florida bar number 598909
Office of the General Counsel for ACLU Foundation of Florida
the Broward County Sheriff 3 W. Garden St., uite 712
2601 West Broward Blvd. Pensacola FL 3502-5636
Fort Lauderdale, FL 33312 Telephone: (786) 363-2738
Telephone: (954) 831-8921 bstevension clu
Facsimile: (954) 321-5040
Terrence_Lynch sheri ff.org
For Defendant ATIO AL PRISO PROJECT OF

THE ACLU
915 15th Street, .W., 7th fl.
Washington. D.C . 20005 ·
Telephone (202) 393-4930
ebfilabM;,Jc~ rg
By: _ _
~- - "
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- -~
ERIC BALABAN
For Plaintiffs
19

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Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 1 of 19

the Broward County Jail.

by Defendant of any liability, wrongdoing, or violation of law, regulation, contract or policy in

any claim, action, or lawsuit against Defendant.

authority and sufficient record to enter and approve this Agreement.

II. PRELIMINARY AND FINAL APPROVAL OF SETTLEMENT

Approval under Rule 23(e) of the Federal Rules of Civil Procedure.

5. Defendant will not oppose a motion filed by Plaintiffs for certification of a

7. “Settlement Class,” “Plaintiffs,” “detainees,” “patients” and “prisoners” shall mean

where the Defendant may in the future confine the Class.

group of prisoners in a non-punitive setting.

13. “Quarantine” is the practice of confining together in a unit individuals in a non-

or known to be COVID-19 infected.

testing, symptoms screening, and/or medical monitoring.

15. “Medical monitoring” refers to a clinical assessment of a patient with known or

care if clinically indicated.

members of the Class.

IV. COVENANTS OF THE SETTLING PARTIES

comment before implementation, unless such revisions require immediate implementation to

hours after implementation.

should the parties be unable to do so.

enforce these or other deadlines or provisions of the Agreement.

enforce this Agreement.

per paragraph 25, below.

Broward County have been lifted as of that date;

date when the Emergency Orders are lifted; or

motion on that basis.

extend the term of this Agreement if Defendant is in substantial compliance. “Substantial

compliance beyond the termination of this Agreement.

not previously determined or otherwise resolved by agreement of the parties.

common areas in an accessible format information on COVID-19 infection

(including symptoms, transmission), measures to prevent infection (e.g., frequent

HOUSING & SOCIAL DISTANCING

19 infection, including all medically vulnerable persons.

with the Plaintiffs.

feet apart, and timely report to Plaintiffs on those instances.

Sheriff completed implementation after Plaintiffs filed the litigation.

of head-to-foot sleeping) and common areas, including day-rooms, dining-areas,

with the Plaintiffs.

recreation, and food service.

Sheriff completed implementation after Plaintiffs filed the litigation.

39. House symptomatic persons in medical isolation in individual cells in separate

standing order restricting inter-jurisdiction transfers or the jail is otherwise compelled

evaluation, quarantine or medical isolation, clinical care, extenuating security

concerns, release, or to prevent overcrowding. Where transfer is necessary, perform

symptom screening and temperature check consistent with CDC recommendations

COVID-positive or suspected of infection – of any persons transferred between

movement are consistent with CDC Guidance.

42. Implement lawful alternatives to in-person court appearances where permissible.

SCREENING, TESTING & CONTACT TRACING

at an increased risk of severe illness from COVID-19.

of negotiation with the Plaintiffs.

or universal testing should be implemented. These efforts shall include ongoing

equipment and personnel necessary to provide expanded or universal testing

consistent with public health guidelines

testing as a result of negotiation with the Plaintiffs.

positive or are symptomatic and apply clinically appropriate cohorting, quarantining,

and medical isolation procedures.