Ward

DISCUSSION

I. Background

22 A. Complaint 23 The complaint makes the following relevant factual allegations. By July 20, 2020, 24 defendant Koenig was aware that COVID-19 was a serious health risk to staff and inmates; that 25 the number of staff and inmate COVID-19 infections was rising; and that containing the potential 26 spread of COVID-19 within CTF required social distancing, minimizing needless inmate 27 movement, and use of masks, protective gear, and gloves. Despite this knowledge, defendant Koenig authorized a raid on July 20, 2020, referred to as Operation Akili, which targeted African American inmates in CTF D-Wing, either with the intent to intentionally infect African American inmates with COVID-19, or with knowledge of, but without concern for, the high likelihood that that the raid would spread COVID-19 among the inmates targeted by the raid. The officers carrying out the raid were both masked and unmasked, and inmates heard the officers state they didn’t care about COVID-19. One of the inmates targeted in the raid contracted COVID-19 approximately ten days later. Soon thereafter, COVID-19 spread to two other inmates in…