(Last Visited July 13, 2020). 2 Id
Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Scott Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams, John Doe No. 1, Aaron Elrod, Cedric Sims, Price Brown, Torris Richardson, Roderick Wesley, Charles Czarnetzki, Darryl Hussey, Lee Owens, Joseph “Dallas” Head, Wesley “Grant” Bray, Jimmy Little, John Doe No. 2 (collectively, “Named Plaintiffs”), individually and on behalf of all others similarly situated, bring this class action lawsuit and petition for writ of habeas corpus to seek relief against the substantial risk of COVID-19 infection, illness, and death while incarcerated in facilities operated by the Arkansas Department of Corrections (“DOC”). PRELIMINARY STATEMENT 1. Arkansas—like the rest of the United States and nations throughout the world—is facing an unprecedented public health crisis due to the COVID-19 pandemic. As of the filing of this Amended Complaint, 3,304,878 Americans have been infected with the virus, leading to 135,203 deaths nationwide.1 The risk of infection, serious illness, and possible death from the coronavirus, especially among vulnerable populations, has led Arkansas to take the extraordinary measure of declaring a public health emergency and closing public schools for much of the past spring semester. 2. The rate of COVID-19 infection in Arkansas continues to rise, as with many other parts of the country, with 28,367 COVID-19 infections and 321 deaths statewide.2 COVID-19 infections in the state’s correctional facilities make up a substantial portion of the infections statewide, with an infection rate of 1,368 per 10,000 incarcerated people—one of the highest prison 1 Arkansas COVID-19 Update, Ark.
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