(quotation marks omitted)). Dist. The court noted that "[i]t is clear that there remain several factual disputes regarding the extent to which Defendants' stated policies to protect inmates and staff from COVID-19 are being implemented and enforced." Swain's claims against Tattnall County, or other unspecified county officials, are also dead on arrival. Accordingly, even while the district court seemed to assume a state of affairs in which the defendants had taken numerous measures to combat the virus, it held that the defendants were nonetheless deliberately indifferent based on two considerations: (1) the increase in the rate of infections at Metro West and (2) the lack— and seeming impossibility—of meaningful social distancing at the facility. According to the district court, however, the October 26, 1990 resolution could not fairly or reasonably be regarded by its terms as an amendment. For additional support, the plaintiffs presented declarations from four medical experts, who opined that social distancing and further population reductions were necessary. We believe that the February 1989 Notice clearly communicates the following: (1) If the plan has a Social Security offset, as in the instant case, the new tax law requires a change in the way benefits are earned. Projected benefits will not be shown. Proc. 1970 (quotation omitted). 89-65 incorporates the § 204(h) notice, and because we conclude that a second § 204(h) notice was not required for the November 15, 1991, amendments, we hold that the Plan amendments in this case are retroactive to January 1, 1989. Goodman, 718 F.3d at 1334. 441, 52 S.Ct. Ct. Order at 51-52. If contrary state law obligations precluded finding deliberate indifference, federal courts would be powerless to enjoin unconstitutional prison conditions wherever state legislatures act to withhold prison officials' authority to remedy them. The court issued a subsequent related opinion or order on June 15, 2020. See, e.g., Dist. Sometimes the masks break after "two to three days." 2565, 2572 n.9, 57 L.Ed.2d 522 (1978) (quotation marks omitted). 127 Ed. Were the Court to accept this tautological reasoning, no physical or mental impairment would fall outside the scope of the ADA. The November 15, 1991, amendments included some changes that were not mentioned in the October 26, 1990, resolution. Proc. But again, assuming the same state of affairs that the district court did—one in which we "discount the factual disputes about the implementation of Defendants' policies and procedures"—the allegedly nonuniform enforcement of social distancing cannot alone constitute deliberate indifference. Id. Anthony SWAIN, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, et al., Plaintiffs-Appellees, at 1289-90. Swain makes no argument that she satisfies the second or third prong of the definition. Unfortunately, even at this late date, the IRS has not published guidelines on how benefits should be calculated. Where a participant terminates employment and receives distribution of benefits while the temporary suspension is in effect, such person must be notified that additional benefits may be payable when the ultimate amendment fixes the new formula. The majority also faults Plaintiffs for raising arguments which the District Court did not address in the preliminary injunction order, including Defendants' failure to implement "feasible" social distancing measures. Among other precautions, the district court's TRO required the defendants to provide for six-foot spacing between inmates "[t]o the maximum extent possible" and to ensure that each inmate received soap and cleaning supplies. In addition, Notice 88-131 provided that plan sponsors adopting Model Amendment 3 were not subject to the notice requirements of § 204(h) of ERISA, 29 U.S.C. In addition, the Court should consider more general factors such as: (i) the nature and severity of the impairment; (ii) the duration or expected duration of the impairment; and. 2475, 2480, 125 L.Ed.2d 22 (1993); see also Marbury v. Warden, 936 F.3d 1227, 1233 (11th Cir. The report also stated, however, that while "[t]he bunks are staggered with head to foot configuration," there wasn't six feet between them, that inmates congregated around tables and televisions, that "[t]he areas with the telephones do not allow for social distancing," and that most of the units "were too overcrowded to allow for adequate social distancing." at 1288-90. The IRS again extended the remedial amendment period in Notice 92-36, 1992-2 C.B. Cf. Not only does the record contain no evidence to support Swain's argument, but Swain's own testimony and employment record belie any claim that she cannot perform a broad range or class of jobs that individuals of similar skill, ability, and training can perform. Furthermore, the district court erred in its determination of the balance-of-the-harms and public-interest factors. Plaintiffs brought suit under the Employee Retirement Income Security Act of 1974, as amended (ERISA), claiming that because defendants failed to follow interim Internal Revenue Service (IRS) regulations, the amendments to the Plan were ineffective and therefore could not retroactively reduce benefits accrued after January 1, 1989. "Thus," the court held, "even if [it] were to credit all of Defendants' evidence at this stage and discount the factual disputes about the implementation of Defendants' policies and procedures, Plaintiffs have nonetheless made a clear showing as to each of the four factors required for injunctive relief on their Eighth Amendment claim." ___, ___ L.Ed.2d ___, 2020 WL 2813056 (U.S. May 29, 2020) (Roberts, C.J., concurring in denial of application for injunctive relief) ("Our Constitution principally entrusts `[t]he safety and the health of the people' to the politically accountable officials of the States `to guard and protect.'" Dist. The district court's injunction required the defendants to take numerous actions— many of which the court had already ordered in the TRO—including that the defendants, "[t]o the maximum extent possible considering [Metro West's] current population level, provide and enforce adequate spacing of six feet or more between people incarcerated at Metro West so that social distancing can be accomplished." First, "feasible" distancing. "2 Farmer v. Brennan, 511 U.S. 825, 832-33, 114 S.Ct. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working. • Participants retiring or terminating in 1989 and eligible for payment at that time will be paid Plan benefits earned through December 31, 1988. Cf. Finally, the court held that injunctive relief would advance the public interest by reducing the possibility of community spread. Second, and separately, we must assess whether the district court erred in refusing to address either the heightened standards for municipal liability under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. As applied in the prison context, the deliberate-indifference standard sets an appropriately high bar. 365. Dep't of Soc. 2. at § I. We reject plaintiffs' argument for several reasons. Proc. at 9-11 (emphasis omitted). In the context of a retroactive amendment, it is obvious that there can be no opportunity to take advantage of an existing benefit before it is lost. The court granted plaintiff’s motion for a TRO and preliminary injunction in part, and the defendants appealed to the Eleventh Circuit. But the portion of the district court's analysis that the plaintiffs cite doesn't say that at all; indeed, although the plaintiffs refer to "feasible" social distancing some 14 times in their brief, see, e.g., id. at § II(4). In a memorandum to Dye and Maxwell, Swain rejected these suggestions as unreasonable. The Supreme Court has recently reiterated that "[i]t is well established that in a § 1983 case a city or other local governmental entity cannot be subject to liability at all unless the harm was caused in the implementation of `official municipal policy.'" Indeed, by the time the district court entered its injunction, Junior and state criminal-justice officials had together secured the release of 894 inmates, thereby reducing Metro West's population to less than 70% capacity.8. Plaintiffs' arguments are moot in light of our holding. at 38 (emphasis added). In particular, the plaintiffs asserted that "Metro West has neither the capacity nor the ability to comply with public health guidelines to prevent an outbreak of COVID-19 and cannot provide for" their safety. Date Filed Document Text; October 17, 2019: RETURNED UNFILED: Brief of Appellant filed by Zebulun L. … 2013), and is in fact akin to "subjective recklessness as used in the criminal law," Farmer, 511 U.S. at 839-40, 114 S.Ct. 1995) (quoting Farmer, 511 U.S. at 842, 114 S. Ct. at 1981). Metro West inmates had filed a class action challenging the conditions of their confinement under 42 U.S.C. There, the court again bracketed any factual disputes and yet still concluded the defendants had acted with deliberate indifference, holding that "even considering the measures Defendants have adopted—and setting aside the numerous factual disputes as to the consistency and efficacy of those measures —the record nonetheless can be seen to demonstrate deliberate indifference to a serious risk of harm to Plaintiffs." Before ruling on exhaustion, a district court must ensure the plaintiff has "sufficient opportunity to develop a record." They stated that it was difficult or impossible to distance from other inmates in certain spaces or during certain times of the day—e.g., while using the bathrooms, showers, and telephones, when queuing to receive medication or go to the clinic, while in line to receive food at mealtime and while eating, during pre-recreation pat-downs, and during thrice-daily head counts, when inmates stand shoulder-to-shoulder with their bunkmates and only two to three feet apart from others. 2018). Proc. The defendants also represented that they would continue to take necessary precautions "even in the absence of a court order.". Id. Viken was the Secretary to the Administrative Committee of the Allstate Agents Pension Plan, was the Plan Administrator under the Plan, and was an officer but not a member of the Board of Directors of Allstate. Defendants do not dispute the importance of social distancing or that it was effectively impossible to achieve social distancing with the population levels at Metro West when the injunction issued. 353, in November of 1990, which extended defendants' remedial amendment period to December 31, 1992, thus allowing further extension of the suspension of benefit accruals through December 31, 1992. Under Rev. Rosemarie Richard, Richard & Richard, Stuart, FL, for Plaintiff-Appellant. While the failure to show likelihood of success on the merits alone warrants reversal, we briefly address the district court's analysis of the remaining preliminary-injunction factors—irreparable harm, the balancing of the harms, and the public interest. of Appellees at 27 (emphasis added). Id. The district court here held that the plaintiffs were likely to succeed on the merits of their Eighth Amendment claim. Proc. 89-65 specifically requires an additional notice in one circumstance.25  Having specified the circumstances requiring notice raises an inference that other notices are not required. The defendants further stated that "[v]irtually all of the measures taken after [the lawsuit was filed] would have been taken, regardless of the allegations made in th[e] case" and that "[t]he only aspect of the TRO that had not been in place prior to its entry was the Court-ordered use of paper towels and liquid soap"—which, the defendants had earlier clarified, had been supplied to all housing units by the time they filed their notice of compliance on April 9.

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