Polanco

I. BACKGROUND

1 The Court summarizes only the key facts; a more detailed summary is in the Court’s 2 prior order. See Order on MTD at 2-7. 3 On May 30, 2020, Defendants ordered the transfer to San Quentin of 122 CIM 4 inmates. FAC (dkt. 39) ¶ 34. “[M]ost or all of the men who were transferred had not been 5 tested for COVID-19 for at least approximately three or four weeks.” Id. “The transferred 6 inmates also were not properly screened for current symptoms immediately before being 7 placed on a bus.” Id. The inmates were “packed onto buses in numbers far exceeding 8 COVID-capacity limits that CDCR had mandated for inmate safety.” Id. ¶ 34. At San 9 Quentin, the new inmates were placed in an open-air housing unit. Id. ¶ 35. Within days, 10 25 had tested positive for COVID-19. Id. “Over three weeks, the prison went from having 11 no cases to 499 confirmed cases.” Id. By July 7, more than 1,300 inmates and 184 staff 12 members had tested positive. Id. ¶ 44. 13 As of June 2020, Polanco had “multiple high-risk factors for COVID-19,” including 14 obesity, diabetes, hypertension, diabetic nephropathy, hyperlipidemia, thrombocytopenia, 15 and age (he was 55). Id. ¶…