Smith v. Corecivic of Tennessee LLC

I. BACKGROUND

23 This lawsuit relates to the COVID-19 pandemic. (See Doc. No. 1, Complaint 24 (“Compl.”)). COVID-19 is an infectious disease that is transmitted via respiratory 25 droplets, which are released when someone with the disease sneezes, coughs, or talks. 26 (Id. at ¶ 32). Individuals with certain medical conditions, like asthma, are at a heightened 27 risk of severe illness from COVID-19. (Id. at ¶ 33). 28 Defendant Corecivic of Tennessee LLC (“Defendant”) is a private operator of correctional facilities with contracts for services with U.S. Immigration and Customs Enforcement and U.S. Marshals Service. (Id. at ¶ 16). It operates the Otay Mesa Detention Center, a privately owned immigration detention center, which houses about 1200 detainees and inmates. (Id. at ¶¶ 17-18). There is an increased risk for COVID-19 transmission at Defendant’s detention facilities. (Id. at ¶¶ 36-38). Defendant hired Plaintiff Margarita Smith (“Plaintiff”) in April 2009. (Id. at ¶ 15). During the time at issue, Plaintiff was a Senior Detention Officer in the Transportation Department. (Id. at ¶ 22). She supervised all employees in the…