We have received numerous questions regarding the settlement. Due to the volume of communications we receive, we cannot address or respond to all of these inquiries. Below, we respond to the most common questions: 

What are the terms of the settlement agreement?

In summary, the settlement requires Respondents at Lompoc to do the following until (1) December 17, 2022, (2) the National Emergencies Act terminates, or (3) the Attorney General determines emergency conditions are no longer materially affecting the functioning of the BOP, whichever comes first: 

  • Continue to comply with the Court’s previous orders regarding home confinement, which bar the BOP from denying people home confinement based solely on time-served or the nature of a prior offense, and which require the BOP to transfer people to home confinement within one month of approval. 
  • Comply with the BOP Pandemic Response Plan guidelines, including: 
    • Testing for COVID-19 systematically, including re-testing of close contacts of positive patients during widespread institution transmissions. 
    • Performing daily symptoms checks for all people who have been placed in quarantine.     
    • Screening workers assigned to health services units for symptoms of COVID-19. 
    • Making medical isolation in the SHU “operationally distinct” from disciplinary or restricted housing by providing daily medical visits, access to mental health services, efforts to provide similar access to radio, clock/watch, reading materials, personal property, and commissary as in regular housing units, and consider increased telephone privileges to maintain mental health and connection during isolation. 

Can you tell me how many people will receive home confinement as a result of the settlement agreement?

We are not able to predict the number of people who will be granted home confinement as a result of the settlement agreement. As was the case with the Court’s original order granting a preliminary injunction, the agreement requires BOP to review class members for home confinement, but it does not require BOP to grant home confinement to any one person.  

Can people remain class members if they are transferred out of Lompoc?

No. This lawsuit is only about Lompoc, so the Court would not have jurisdiction over any one who is transferred out of Lompoc. Those who are transferred out of the Lompoc are no longer part of the class.   

I disagree with the proposed settlement. How can I inform the Court?

Only class members may object to the settlement terms. All class members will have an opportunity to file an objection with the Court. If the Court preliminarily approves the settlement, the class members will receive a class notice with instructions on how to submit an objection with the Court through TRULINCS. Objections must include at the top of the first page the case name (Garries v. Milusnic) and the case number (Case No. CV 20-4450-CBM-PVCx). The objection must state whether it applies only to the objector, to a specific subset of the class, or to the entire class, and also state with specificity the grounds for the objection. Objections must be postmarked by August 2, 2022, and must be sent to the following address: Clerk of the Court, United States District Court, Central District of California, First Street Courthouse, 350 West 1st Street, Los Angeles, California 90012. 

Is this settlement agreement final?

While the parties have reached an agreement, the Settlement Agreement cannot take effect until the Court approves it. The Court will hold a final approval hearing on October 4, 2022, at 9:00 a.m. before the Honorable Consuelo B. Marshall, 350 West 1st Street, Los Angeles, California 90012, Rm. 8D. The hearing is open to the public, and family and friends of class members will be able to attend.  

Can you tell me who will be reviewed for home confinement, who will be approved, who is part of the class? Is there a list you can provide?

We are not able to distribute this information. The Court has issued a protective order that limits our ability to publish information about who is part of the class or who has been approved or denied home confinement because doing so could reveal the confidential medical information of class members. Class members should be notified by Lompoc whether they have been reviewed for home confinement. Class members should ask their case managers for information regarding their own personal home confinement review status. Those who are approved for home confinement will be notified by Lompoc.   

Who will be re-reviewed for home confinement under the Settlement Agreement?

The Settlement Agreement does not require Lompoc to re-review anybody who has already been denied. It requires Lompoc to continue reviewing class members for home confinement in compliance with the Court’s existing home confinement orders for the duration of the term stated in the Settlement Agreement. The Court’s prior orders (and therefore the Settlement Agreement) require that Lompoc do the following: 

  1. Make full and speedy use of BOP’s CARES Act authority to review members of the Settlement Class for transfer to home confinement; 
  2. Assign substantial weight to the class member’s risk factors for severe illness and death from COVID-19 based on age (over 50) or Underlying Health Conditions;  
  3. Refrain from denying a class member home confinement under the CARES Act on the sole basis of the amount of time served or some other variation of a time component without other good cause;  
  4. Refrain from denying a class member home confinement under the CARES Act on the sole basis of a prior offense without other good cause; 
  5. If home confinement is denied, provide a declaration to counsel for Plaintiff-Petitioners explaining in detail why the reasons for denial substantially outweigh the class member’s risk factors for severe illness and death from COVID-19. 

Class counsel will be monitoring the review worksheets, and if any denials appear to be out of compliance with the Court’s preliminary injunction orders, class counsel will request Lompoc to re-review those individuals. Ultimately, it will be Lompoc’s decision whether to re-review any class member and whether to grant anyone home confinement. If class counsel determines Lompoc is in breach of the Settlement Agreement, class counsel will seek relief from the Court in accordance with the Settlement Agreement.  

Can I apply to be re-reviewed for home confinement under the Settlement Agreement?

Class members who believe they have been wrongfully denied home confinement can submits requests with their case managers to seek re-review.   

What is the status of the 2241 motions seeking “Immediate Release” that were filed with the Court?

Class counsel will request that the Court consider the recent emergency motions filed by class members under 28 U.S.C. 2241 as part of its evaluation and determination of the final approval of the proposed settlement agreement.  

We hope the above has answered many of your questions. Please note that if you have mailed us an Objection, comment, or Petition for Release, we will be filing that correspondence with court after the comment period closes. 

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