Juarez et al v. Asher et al

Filing 206

ORDER ON FACILITY INSPECTION by Hon. Michelle L. Peterson. (TF)

Case 2:20-cv-00700-JLR-MLP Document 206 Filed 01/07/21 Page 1 of 5

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOSUE CASTANEDA JUAREZ, et al.,
Petitioners,

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Case No. C20-700 JLR-MLP
ORDER ON FACILITY INSPECTION

v.
NATHALIE ASHER, et al.,
Respondents.

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Having considered the parties’ joint status report regarding the pending facility inspection
(dkt. # 196), it is hereby ORDERED that:
1. Defendants shall permit Plaintiffs’ expert, Dr. Marc Stern, to inspect the Northwest

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Detention Center, aka Northwest ICE Processing Center (“facility”), located at 1623

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E. J St., Tacoma, Washington, 98421. The inspection will occur on a date mutually

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agreed by parties. The inspection will start at a time agreed to by the parties and will

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be limited to a total of seven (7) hours, including time traveling within the facility,

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but excluding any time necessary for security screening and COVID-19 testing of

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participants prior to the inspection and reasonable time for breaks.

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2. Plaintiffs’ counsel will provide Defendants with Dr. Stern’s date of birth, social

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security number, and place of birth prior to the date of the inspection.
3. Dr. Stern will be accompanied by one representative from Immigration and Customs

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Enforcement (“ICE”), one representative from ICE Health Service Corps (“IHSC”),

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and one representative from GEO (collectively “inspection participants”) during the

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inspection.

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4. All inspection participants will wear Personal Protective Equipment provided by

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Defendants to safely enable the inspection, namely an N-95 mask. Dr. Stern may

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wear additional PPE, including a face shield, to be provided by Plaintiffs, if he so

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chooses. All individuals present must follow the Centers for Disease Control and

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Prevention’s social distancing guidelines. Dr. Stern will provide documentation of a

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negative COVID-19 test taken within seven days preceding the inspection. All

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inspection participants will be screened for symptoms of COVID-19 before entry.

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5. Dr. Stern may bring a digital camera, pens, papers, and a measuring tape inside the

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facility to conduct the inspection. The Defendants’ representatives may observe any

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measurements taken by Dr. Stern, who will read aloud any measurements taken.

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6.

As the court noted during the status conference hearing on January 7, 2021 (dkt. #

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205), Dr. Stern may only ask factual questions from staff members to orient him to

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the facility.

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7. Dr. Stern will be permitted to take still photographs, subject to the following terms:

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a. Photographs be still photos only, not video or audio recordings, and will be

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subject to the protective order issued in this matter.

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b. Dr. Stern will not photograph the following security features of the facility:

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security cameras, the full layout or blueprints of the facility, the security

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perimeter of the facility, or hidden entrances or exits that are security-related.

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Dr. Stern may not take photos of the HVAC system.

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c. Dr. Stern will not photograph any records in the facility.

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d. Dr. Stern will endeavor to avoid including persons in the photographs. If any

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of the photographs include persons, Plaintiffs’ counsel shall meet and confer

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with Defendants’ counsel, and the parties will take all necessary steps to

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follow state and federal privacy laws and follow the Court’s protective order,

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so that the parties respect and protect the confidentiality of the identity and

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identifying characteristics of any persons who are photographed. Dr. Stern

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may not photograph GEO staff.
e. Dr. Stern will allow the ICE, GEO, and IHSC inspection participants to

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visually inspect the photos he has taken during the tour prior to his departure,

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to ensure that no photographs include security features of the facility.

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f. Dr. Stern’s photographs shall be produced to Defendants.

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8. Dr. Stern will be permitted to inspect the following areas of the facility:

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a. All housing units that have been occupied by Plaintiff Naeem Khan up until

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the date of the inspection, including housing unit A-3 and the medical

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isolation unit in the medical unit. Dr. Stern may inspect Unit G-2 if it is

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unoccupied. If Unit G-2 is occupied on the date of the inspection, Dr. Stern is

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permitted to enter the unit if he concludes it is necessary, and he shall

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articulate the reasons why he needs to enter the unit in his report.

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b. Recreation areas used by Plaintiff Khan.

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c. Kitchen.

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d. Laundry Facilities.

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e. Visitation areas.

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f. Any hallways or paths of travel within the facility accessible to Plaintiff Khan.

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g. Law Library.

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h. General intake area (subject to terms of paragraph 10).

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i. Any areas where cleaning supplies are stored and maintained for Plaintiff

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Khan’s housing unit.

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j. Waiting area outside the medical unit.

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k. Medical unit, including medical housing units, isolation cells, and negative

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pressure cells, examination rooms, holding or waiting areas, bathrooms,

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hallways, and treatment and screening rooms. Dr. Stern will be able to enter

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the medical housing unit, and Defendants will allow Dr. Stern entry into any

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empty medical housing cells and airborne infection isolation cells. Dr. Stern

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will not enter any isolation or negative pressure cells that currently house any

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patients quarantined for COVID-19, but may observe those cells that house

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COVID-19 patients through the window. To protect patient confidentiality,

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Dr. Stern will not enter any medical examination rooms where patients are

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present. Dr. Stern is permitted to enter the unit while it is in operation, and

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detainees are present, if he concludes it is necessary. If Dr. Stern concludes

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entry into the occupied medical unit is necessary, he shall articulate his

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reasons for entry in his report.

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l. New Intake Monitoring Unit housing (“NIMS”) units. If Dr. Stern concludes

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entry into the NIMS unit is necessary, he must articulate his reasons for entry

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in his report.
m. Ventilation systems. Dr. Stern will not be permitted to climb into the

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ventilation systems.
9. Dr. Stern will not inspect outside the main facility and points of ingress or egress

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from the facility, with the exception of the entry to and exit from the general intake

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area, which is used to transport detainees to the hospital. Dr. Stern may view, but will

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not photograph, the actual entrance to or exit from the general intake area. Dr. Stern

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will not inspect staff-only areas.

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10. ICE will make available a confidential space and a landline telephone for Dr. Stern to

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call Plaintiffs’ counsel and/or the Court. All parties will designate counsel to be

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available by phone to address any disputes during the inspection. If disputes arise and

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judicial guidance is requested during the inspection, counsel shall contact Judge

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Peterson’s Chambers by contacting the courtroom deputy at [phone], and at

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[e-mail].

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11. Defendants will produce all Petitioners’ medical records in electronic format to Dr.

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Stern 14 days prior to the inspection. Dr. Stern will not be allowed to access the

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records-keeping system at the facility.

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The Clerk is directed to send copies of this order to the parties and to the Honorable
James L. Robart.
Dated this 7th day of January, 2021.

A

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MICHELLE L. PETERSON
United States Magistrate Judge

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