This knowing failure to take necessary steps to prevent grave harm sits comfortably at the heart of what our Court considers to be deliberate indifference. 910, 919, 166 L.Ed.2d 798 (2007); Turner v. Burnside, 541 F.3d 1077, 1082 (11th Cir.

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Under the objective component, the plaintiff must demonstrate "a substantial risk of serious harm." Neither of the parties on appeal dispute the district court's assumption that Notice 88-131 and Rev.

There is no known vaccine or effective antiviral medication to prevent or treat infection from COVID-19.

Prior to the events leading to her retirement, Swain worked as a teacher and administrator for nearly 30 years, including 8 years as a teacher in the GED day program at Jefferson and Plant City. Finally, the court held that injunctive relief would advance the public interest by reducing the possibility of community spread.

1988).4, Because Plaintiffs seek injunctive relief against Director Junior in his capacity as a state official, they are not required to prove he personally disregarded the risk to their safety. Plaintiffs sued the Administrative Committee of the Allstate Agents Pension Plan, the Allstate Agents Pension Plan, and a number of individual defendants.

The district court here held that the plaintiffs were likely to succeed on the merits of their Eighth Amendment claim.

Ct. Order at 42-43. 2018, 56 L.Ed.2d 611 (1978), and (2) PLRA exhaustion.

She can experience leakage when she coughs, laughs, or sneezes, and as a result, she has worn padded undergarments for twenty years. For employees considering retirement, the Accumulated Benefit shown on the Annual Statement of Benefits can be used for planning purposes. The regulations also outline several factors to be considered in determining whether an individual's ability to work is substantially limited by her physical or mental impairments: (A) The geographical area to which the individual has reasonable access; (B) The job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (class of jobs); and/or.

We conclude that the average Plan participant would clearly understand that the old benefits accrual formula would apply through December 31, 1988, that thereafter benefits would continue to accrue but that there would be a change in the formula which could not be determined until the IRS published its guidelines. 1970; see also Williams, 961 F.3d at 839-40. The injunction imposed reporting requirements, as well, ordering the defendants to: The defendants immediately appealed the preliminary injunction and requested a stay, which we granted in a published order.

1995) (quoting Farmer, 511 U.S. at 842, 114 S. Ct. at 1981). Ancata, 769 F.2d at 704.

Swain did not indicate that her physical impairments or a lack of an accommodation contributed to the decision, but she later stated in an affidavit in opposition to summary judgment that they were the primary reason motivating her departure. Although the GED students were in self-contained classes and did not need the passing time, they were permitted to leave their classrooms during that time. at 1290 n.7. In early 1994, William L. Maxwell, Jr., became the principal at Plant City.

2548, 2552, 91 L.Ed.2d 265 (1986). 1970 (quotation omitted).

Failing to do the "impossible" doesn't evince indifference, let alone deliberate indifference. For example, because "the injunction require[d] that the defendants test all inmates with COVID-19 symptoms and everyone with whom they have been in contact," it forced the defendants to "allocate limited testing resources to Metro West at the expense of other county facilities," under pain of contempt.

Because we conclude that the November 15, 1991, amendments were retroactive, and thus were effective as of January 1, 1989, we need not go further. Ct. Order at 38.

1980),3 our predecessor Court rejected a county sheriff's objection to a court order requiring him to decrease the total jail population on the grounds that it would "violate his statutory duty to accept prisoners." I would affirm the District Court Order granting Plaintiffs' motion for a preliminary injunction. 89-65, plaintiffs seem to argue that a second notice was required by § 204(h) after the Plan amendments were formally adopted on November 15, 1991, but before the effective date thereof. § II(C)(3). In declarations submitted in support of Plaintiffs' motion for a preliminary injunction, Metro West detainees describe beds placed so close together they can reach out and touch neighboring bunks. Proc.

2241 for the named plaintiffs with a "medically vulnerable" subclass of inmates. Proc. We believe that the February 1989 Notice clearly communicates the following: (1) If the plan has a Social Security offset, as in the instant case, the new tax law requires a change in the way benefits are earned. Ct. Order at 32, as would normally be required under Monell, see 436 U.S. at 690-91, 98 S.Ct. Dist. Still, though, the inmates continued to stress what they perceived to be a lack of adequate distancing. Id.

Finally, the balance of the harms and the public interest weigh in favor of the stay. Employers have no duty to accommodate an employee if the employee is not disabled under the ADA. Pattern Jury Instructions. But crises do not lower the constitutional limits on the conditions in which people may be confined against their will.

For example, three times a day, detainees must line up "shoulder-to-shoulder," less than three feet apart, to be counted.

Id. Alan is a proud resident of Raleigh; he spent most of his life serving our nation, and is a 26 year retired Army veteran. Maj. Op. Plaintiffs also submitted nearly two dozen sworn affidavits describing how jail staff and administrators had failed to implement adequate measures to maintain safe conditions even while Metro West remains dangerously crowded. 25.

But again, that's just not what the district court's order says.

§ 1983, alleging that the defendants had violated (and were continuing to violate) the Eighth and Fourteenth Amendments by acting with "deliberate indifference" to the serious risk posed by COVID-19. Expert Report at 3. Sch. After a bench trial, the district court made the following conclusions of law:  (1) the Plan was not amended until November 15, 1991, because the October 26, 1990 resolution did not effectively amend the Plan;  (2) the November 15, 1991 amendments were not retroactive because defendants failed to provide timely ERISA § 204(h) notice as required by Rev. 89-65 incorporates the § 204(h) notice, and because we conclude that a second § 204(h) notice was not required for the November 15, 1991, amendments, we hold that the Plan amendments in this case are retroactive to January 1, 1989.

Plaintiffs are not required to `prove a custom' or `identify a final policymaker,'" Dist. 1749, 173 L.Ed.2d 550 (2009) (noting as much in the stay context). Furthermore, defendants have shown that they will be irreparably injured absent a stay where defendants will lose the Swain has offered no evidence that addresses the factors listed in the regulations or that otherwise suggests her impairments substantially limit her ability to work. Microsoft Edge. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working. Rather, benefit accruals would continue pursuant to the new formula to be set out in the subsequent amendments in compliance with the IRS guidelines to be promulgated. Wilson v. Seiter, 501 U.S. 294, 303, 111 S.Ct. Thus, to establish a prima facie case and survive summary judgment, Swain must present sufficient evidence to create a genuine issue of material fact as to whether her physical impairments substantially limit her ability to work.

1993). In the following sections I address the majority opinion's two main reasons for rejecting this conclusion: that Defendants took other measures to address the pandemic and that they lacked the authority to release detainees. 1970.

We first focus on the February 1989 Notice, which we quote in part again as follows: We refer below to the above-quoted part of the February 1989 Notice as the introductory paragraph and the first through third subparagraphs. 2565, 2572 n.9, 57 L.Ed.2d 522 (1978) (quotation marks omitted).

She also complained that she did not have adequate opportunity to use the restroom herself. Upon her return, Swain worked as a teacher in the GED day program for at-risk students at Jefferson High School (Jefferson). Remember, the district court made no findings that these measures hadn't been implemented.
It is also undisputed that they didn't do the "impossible" by ensuring six-foot social distancing. at 37-38.

Advancement Project, Counsel for Plaintiffs-Appellees 2. Pursuant to the express provisions of Notice 88-131, no notice of the adoption of Model Amendment 3 was given to Plan participants. The plaintiffs asked for declaratory and injunctive relief under 42 U.S.C. Neither do I think the District Court erred in deferring its ruling on exhaustion.

In the context of an amendment which is properly to be applied retroactively, it is obviously impossible to give notice thereof both after the adoption of the amendment and before the effective date thereof. US Court of Appeals for the Eleventh Circuit.

While the virus unquestionably poses a serious threat to inmates, the district court gave insufficient consideration to the burdens with which the injunction would saddle the defendants. As of January 1, 1989, plaintiffs' pension benefits should be calculated under the benefit formula enacted to comply with TRA '86 by the November 1991 amendments.
1994) (holding that "the plaintiffs have failed to establish the existence of a municipal policy or a pervasive practice that could serve as a predicate to municipal liability under section 1983" and that "[t]herefore, they have not shown a substantial likelihood of success on the merits"). We conclude that Swain does not have a disability under the ADA. "2 Farmer v. Brennan, 511 U.S. 825, 832-33, 114 S.Ct. The Eleventh Circuit stayed an injunction that was issued by the district court against the County and the Director of the Miami-Dade Corrections and Rehabilitations Department (MDCR), requiring defendants to employ numerous safety measures to prevent the spread of COVID-19 and imposing extensive reporting requirements. Proc. See Ctrs. Swain appealed.

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See Jones v. Bock, 549 U.S. 199, 212, 127 S.Ct.