UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT

TRE MCPHERSON, ET AL.,
Plaintiffs,

:
:
:
:
:
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v.
NED LAMONT, ET AL.,
Defendants.

CIVIL NO. 3:20-CV-0534 (JBA)

JUNE 6, 2020

SETTLEMENT AGREEMENT
AND GENERAL RELEASE
Whereas the parties agree that both the plaintiffs and the defendants are interested in
resolving the present litigation and providing reasonable and appropriate measures for the
health and safety of prisoners, staff, their families, victims, and the general public; and
Whereas the Centers for Disease Control and Prevention (“CDC”) have promulgated,
on March 23, 2020, interim guidelines for the management of coronavirus disease 2019
(COVID-19) in correctional and detention facilities1 (the “CDC guidelines”); and
Whereas the Connecticut Department of Correction (“DOC”) has begun the mass
testing of prisoners confined in DOC facilities, a program that exceeds the current CDC
guidelines; and
Whereas the CDC guidelines expressly state that “The guidance may need to be
adapted based on individual facilities’ physical space, staffing, population, operations, and
other resources and conditions”; and
Whereas the parties acknowledge DOC’s many efforts to comply with the CDC
1

See Centers for Disease Control and Prevention, Interim Guidance on Management of
Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, March 23,
2020, https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidancecorrectional-detention.html.
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 guidelines and, where appropriate, to obtain clarification or guidance from the Connecticut
Department of Public Health (“DPH”); and
Whereas the parties recognize DOC’s significant efforts to combat COVID-19,
including, but not limited to, increasing sanitation and hygiene, testing, and releasing
prisoners safely and appropriately to the community, which has resulted, in combination with
prisoners having reached their end of sentence dates, in the prison population declining to
numbers not seen in decades;
Now therefore, the parties agree to resolve their differences as follows:

A. CDC GUIDELINES
1. DOC will continue to make best efforts to implement CDC guidelines and to adapt them
based on best practices, recommendations from DPH, and based on individual facilities’
physical space, staffing, population, operations, and other resources and conditions.
B. MONITORING
2. A five person, independent Agreement Monitoring Panel (“AMP”) shall be established.
3. The AMP shall be formed within four (4) weeks of the signing of this Agreement and
consist of five persons with appropriate knowledge and expertise in correctional
health care and managing infectious disease in a correctional setting or in the
management of correctional systems.
4. The panel shall be selected as follows: two people chosen by defendants, who may be
employed by the DOC, two people chosen by plaintiffs, and one person who does not
currently work for the DOC, who is an expert in the management of correctional
systems, and is chosen by a consensus of those persons already selected. The individuals
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 on the AMP (other than the DOC employees) will be paid by the State through order of
the court. The total fees for the duration of the agreement shall be capped at $15,000 per
panel member.
5. The AMP shall make recommendations to aid DOC in continued compliance with the
CDC guidelines, as well as evolving public health guidance that may require a change
to DOC’s COVID-19 response. Its areas of focus shall include:
a. mass testing strategy;
b. Quarantining/cohorting; and
c. Sanitation/sanitization.
6. The AMP shall devise procedures for the monitoring of this Agreement. In doing so, it
shall apply professionally acceptable public health, epidemiological, and correctional
healthcare standards for correctional facilities in responding to COVID-19, with the
recognition that these will evolve over time.
7. Upon due notice to DOC, the AMP should be given access to DOC facilities to conduct
onsite visits. Upon due notice, the AMP shall also have access to all DOC policies,
procedures and records detailing its COVID-19 response, as well as access to all staff
and consulting physicians and experts with respect to DOC’s COVID-19 response. The
individuals on the AMP must sign a confidentiality agreement prior to being provided
with any documents that implicate safety and security, or medical privacy, or any other
confidential documents. The confidentiality agreement shall further prohibit
redissemination of such documents and public comment on their work for the AMP.
Furthermore, the parties agree to keep AMP reports confidential and not disseminate
such reports to third parties, except as in accordance with the attached protective order.
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 8. The AMP shall provide the defendants and counsel for the parties with a monthly report,
for the first three months, in a format to be agreed upon by the AMP and the parties.
These may be reduced to quarterly reports upon mutual agreement of the parties and the
AMP.
9. The AMP may not alter, amend or change the provisions of the Agreement.
C. TESTING
10. DOC agrees to continue to conduct mass testing of all prisoners incarcerated in
correctional facilities, to the extent such tests remain available to the DOC, public health
officials from DPH in consultation with DOC’s Chief Medical Officer agree that this
testing strategy is appropriate and necessary, and subject to the informed agreement and
consent of the person being tested for active COVID-19 infection, until it has completed
mass testing in all of its correctional facilities at least once. For purposes of this
agreement, the term “mass testing” shall mean a test as described in Paragraph 11 below
that is offered on an opt-out basis to all prisoners housed in a correctional institution on
a single day or series of days that are close in time. People who recently tested positive
(i.e. within the last 14 days) may be excluded from being offered mass testing.
11. DOC may use any widely accepted, medically sanctioned COVID-19 viral testing
method for these purposes.
12. Unless otherwise recommended by the AMP, DOC will quarantine people newly
admitted to a correctional facility for 14 days. In this context, “quarantine” shall refer
to keeping these individuals separate from the general population in a unit where they
are monitored for COVID-19 symptoms and tested if they develop any such
symptoms.
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 13. Those who test positive for COVID-19 infection will be isolated as medically
appropriate. Those who test positive for COVID-19 infection and are symptomatic
will be isolated as medically appropriate and shall be checked twice per day for
temperature, respiratory rate, heart rate, and blood oxygen saturation levels; and have
blood pressure taken once per day. The parties acknowledge that this exceeds the
community standard of medical care.
14. In accordance with CDC Guidelines, placement in medical monitoring, medical
isolation and medical quarantine units shall not be considered punitive isolation.
Regarding prisoners who have been medically isolated and subsequently
cleared of COVID-19 according to CDC Guidelines and thus released from
medical isolation, DOC will continue to make best efforts to return such
prisoners to their pre-medical isolation facility unless there are safety and
security concerns, or health concerns with this return. DOC will also make best
efforts to reinstate such prisoners who previously held jobs or were in programs
to these assignments, recognizing that this may not always be possible due to
safety and security concerns, health concerns, available space, and other
correctional management issues. DOC will continue to make best efforts to
communicate to prisoners this policy when moving prisoners to medical
isolation.
15. DOC will make best efforts to encourage all staff members to get regular COVID-19
viral testing. Recognizing the need for DOC and individual DOC facilities to remain
flexible and adaptable to developing health and security concerns, DOC will continue
to make best efforts to screen staff and any others entering DOC facilities consistent
with CDC guidelines.
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 16. Defendants agree to report to Plaintiffs’ counsel, every month, the total cumulative
number of prisoners tested since the start of the pandemic by facility and the results
of those tests. The first such report shall be required on the first business day of the
month that follows the effective date of this settlement agreement.
D. SANITATION
17. DOC will distribute soap to each person housed in a DOC facility (“Facility”) once a week
without asking, and upon request, within 24 hours, provided that the person does not
already have 2 bars of soap in their possession.
18. All common areas of Facilities, including but not limited to bathrooms, dayrooms, and
showers, shall be cleaned no less frequently than twice per shift on first and second shift
for bathrooms, dayrooms, and showers. This is intended to ensure a uniform minimum
level of cleaning systemwide. This may be suspended for reasons consistent with
Paragraph 47 below.
19. Prisoners will be provided (1) sufficient antiseptic cleaning agents not diluted in excess of
manufacturers’ specifications, and (2) equipment, for the purpose of cleaning their cells,
cubicles, or sleeping areas, no less frequently than twice per week. This may be
suspended for reasons consistent with Paragraph 47 below.
20. All people in DOC custody shall be allowed to shower—in running water—no less than
once every other day, regardless of COVID-19 symptoms, test results, or housing. This
may be suspended for reasons consistent with Paragraph 47 below, or for maintenance
issues.
21. DOC will provide cleaning supplies to allow all prisoners in its custody in correctional
facilities to wipe down phones before they use them.
22. DOC will provide a minimum of two cloth or other barrier masks per person, and allow
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 for one mask to be exchanged each week for a new mask (or upon request, if a mask
becomes torn or otherwise damaged). This is contingent on the DOC being able to
continue the production of cloth or barrier masks within its facilities; this ability to
produce masks could be interrupted or ceased due to various unforeseen circumstances,
including lack of incarcerated workers, lack of correctional staff, lack of supplies due to
supply chain issues, lockdowns, riots, or other emergency circumstances. Prisoners will
be allowed to wear their masks for work assignments, and will be provided with gloves
for those assignments as needed.
23. Staff in correctional facilities will be required to wear masks when social distancing is not
possible. They may be exempted from this only if medically necessary.
E. DISCRETIONARY RELEASE OF PRISONERS
24. Defendant Cook2 shall continue to examine his statutory powers to release prisoners to
the community and shall determine whether to exercise them on a case-by-case basis.

2

References to Defendant Cook are intended to include members of his staff.

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 Nothing in this Settlement Agreement shall be interpreted to alter, limit, or otherwise
change Defendant Cook’s statutory discretion over decisions regarding the release of
people to the community. Prisoners being considered shall be prioritized for
consideration for community release if they are 65 and older or if they have a medical
score of 4 or 5.
25. Defendants shall make best efforts to effectuate the staffing resources necessary to
maximize prompt and comprehensive consideration of discretionary releases.
26. For the duration of this Agreement, Counsel for the Defendants shall report to the Court
and Counsel for the Plaintiffs, on a monthly basis, as follows: (l) the number of
individuals reviewed for discretionary release; (2) the number of individuals granted
discretionary release; and (3) the number of individuals denied discretionary release.
F. MODIFICATION OF THE AGREEMENT
27. This Agreement may be modified only by the mutual written agreement of all parties.
The Court shall be notified in writing of all such modifications but need not approve
such modifications.
G. TERMINATION OF THE AGREEMENT
28. The parties intend that this Agreement will remain in place until December
31, 2020, provided that upon the mutual consent of the parties, it may be
extended. The Agreement may also be terminated by mutual consent of the
parties.
29. Upon termination, without the need for any further order of any state or federal
court, all jurisdiction of any court to enforce this Agreement shall end. In the event
any motions or proceedings are pending on or after December 31, 2020, the Court
shall be bound to dismiss any such motions or proceedings.
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 H. GENERAL RELEASE OF CLAIMS
30. The named plaintiffs, individually and on behalf of their heirs, beneficiaries,
successors and assigns, in consideration of the benefits of this Agreement, release and
forever discharge the defendants, Ned Lamont, Governor, State of Connecticut, and
Rollin Cook, Commissioner of the Department of Correction, the State of
Connecticut, all agencies of the State of Connecticut, all present and former officers,
employees and agents of the State of Connecticut, (including all current and former
employees of the State of Connecticut, Department of Correction and the University
of Connecticut Health Center), in both their official and individual capacities, their
heirs, successors and assigns, from all actions, causes of action, suits, claims, or
controversies arising from acts or omissions alleged in the Complaint. Said liability
includes such actions as may have been or may in the future be brought in the federal
courts, the courts of the State of Connecticut, any state or federal administrative
agency, or before the Claims Commissioner pursuant to Conn. Gen. Stat.§ 4-141, et
seq. Furthermore, all class members as defined in paragraph 35 of this Agreement,
individually and on behalf of the Class, their heirs, beneficiaries, successors and
assigns, in consideration of the benefits of this Agreement, release and forever
discharge the defendants, Ned Lamont, Governor, State of Connecticut, and Rollin
Cook, Commissioner of the Department of Correction, the State of Connecticut, all
agencies of the State of Connecticut, all present and former officers, employees and
agents of the State of Connecticut, (including all current and former employees of the
State of Connecticut, Department of Correction and the University of Connecticut
Health Center), in both their official and individual capacities, their heirs, successors
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 and assigns, from all actions, causes of action, suits, claims, or controversies for any
and all forms of non-monetary relief arising from acts or omissions alleged in the
Complaint, or from acts or omissions that could have been litigated by the class in
this action. Said liability includes such actions as may have been or may in the future
be brought in the federal courts, the courts of the State of Connecticut, any state or
federal administrative agency, or before the Claims Commissioner pursuant to Conn.
Gen. Stat.§ 4-141, et seq. Notwithstanding the prior sentence, this release does not
include criminal matters, meaning motions for sentence modifications or bond
modifications. This release does not apply to the ability of class members to seek
and/or qualify for discretionary release due to COVID-19 under Defendants’
discretionary authority or to seek release due to COVID-19 in criminal proceedings
within the courts of the State of Connecticut. This release does not apply to any
habeas corpus petition seeking any relief due to the COVID 19 pandemic that is
pending as of the date of this Agreement. However, this release does apply to any
and all class members’ habeas corpus cases seeking any relief due to the COVID 19
pandemic which may be brought during the time this Agreement is in effect. In
addition, this release applies to any motions seeking any relief due to the COVID 19
pandemic which may be filed in a pending habeas corpus petition during the time this
Agreement is in effect.

I. NO ADMISSION OF LIABILITY
31. The Parties represent and warrant to each other that the parties specifically
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 understand and agree that this Agreement is a settlement and compromise of their

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differences to resolve any and all claims that were raised in this action and is a
compromise of disputed claims without any adjudication of the rights, claims and
defenses of the parties.
32. The existence of this Agreement shall not be construed as an admission of liability or
of the truth of the allegations, claims, or contentions of any party. There are no
covenants, promises, undertakings, or understandings between the parties outside of
this Agreement except as specifically set forth herein.
33. This Agreement is not a consent decree and shall not be incorporated into any
judgment of the Court. To the contrary, this is a settlement agreement which the
parties respectfully submit is a fair, reasonable and adequate resolution of this
case.
34. The State agrees not to contest this Settlement Agreement as non-compliant with 18
U.S.C. § 3626.

J. CLASS CERTIFICATION AND STIPULATED DISMISSAL
35. The plaintiffs shall file a consent motion for certification of the plaintiff class within five
days of this agreement being executed. The class shall be defined as “all persons who were
incarcerated in a DOC facility from March 1, 2020, or are incarcerated, or in the future
will be so incarcerated, until the termination date of this Agreement, December 31, 2020.”
36. Within three days of the consent motion for class certification being granted, Plaintiffs
and Defendants shall jointly sign and file a Fed. R. Civ. P. 41 Stipulated Dismissal of this
action, with prejudice and without costs, together with their motion for an Order to Give
Notice, and for a fairness hearing, pursuant to Fed. R. Civ. P. 23(e). On the date counsel
for the Plaintiffs sign this Agreement, Plaintiffs shall also withdraw CCDLA v. Lamont,
12

 DOCKET NO. UWY CV-20-6054309-S (April 23, 2020); appeal pending,

SC 20470

Connecticut Criminal Defense Lawyers Association Et Al. v. Ned Lamont, Et Al., without
costs to any party.

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 37. Throughout the duration of the Agreement, the parties agree to resolve disputes, and
plaintiffs may seek to enforce the Agreement, only pursuant to the procedures outlined
in Section J of this Agreement (“Dispute Resolution”). The parties understand and agree
that, if approved, and the Court consents, the Court will maintain jurisdiction of this
action throughout the duration of the Agreement to resolve any disputes which cannot
be amicably resolved between the parties pursuant to the Dispute Resolution procedures
set forth in Section J. If the parties are unable to resolve any such disputes with the
assistance of the Settlement Judge, despite the Stipulated Dismissal, the Court may
retain jurisdiction to enforce the provisions of the Agreement and the Plaintiffs may
seek specific performance of the Agreement.
38. The parties also agree that, if the Court approves this Agreement, after Notice to the
class, and a fairness hearing pursuant to Fed. R. Civ. P. Rule 23(e), the Court will order
a dismissal with prejudice pursuant to Fed. R. Civ. P. Rule 41 (a). The Court will not
incorporate this Agreement into any Order of Dismissal, but will nevertheless remain
available to the parties to resolve disputes, and if necessary, to order specific
performance, after all of the procedures of Section J have been exhausted.

K. DISPUTE RESOLUTION
39. The parties agree to attempt an informal and private dispute resolution mediation with
the Honorable William I. Garfinkel, United States Magistrate Judge (“Settlement
Judge”) to resolve any disputes that may arise arising under this Agreement.
40. If, while this Agreement is in effect, Plaintiffs’ Counsel have reasonable grounds to
believe that there is a systemic pattern or practice of non-compliance with this

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 Agreement in one or more DOC Facilities, or if DOC proposes or enacts revisions or
changes to its COVID-19 policies and procedures that are materially inconsistent with
the Agreement and the CDC guidelines, and to the detriment of the class, Plaintiffs’
Counsel will provide the DOC with a written detailed notice of potential
noncompliance, setting forth the factual basis for such claim. This notice will identify,
with particularity, the basis of the claim that the DOC is not in compliance; why such
facts constitute a systemic pattern or practice of non-compliance; and the specific
material provision of the Agreement or CDC guidelines that is implicated.
41. Within twenty calendar days of receipt of the notification, the DOC shall provide a
good faith written response to the Plaintiffs' notification with a full factual explanation
as to why the DOC believes it is in compliance with the specified material provisions,
an explanation of the DOC's plans to achieve full compliance with the specified
material provisions, or an explanation of the bona fide medical, security, or other
reasons for the alleged non-compliance.
42. It is understood between the parties that certain unforeseeable events or conditions,
including but not limited to long-term lockdowns in the DOC, and changes to
established treatment practices and the standard of care for treatment of COVID-19
infection, may prevent compliance with this Agreement. If so, the DOC shall notify
Plaintiffs’ counsel of the event or condition, and the parties shall enter into good-faith
discussions to resolve the issues.
43. If the parties are unable to resolve the dispute within ten calendar days of DOC’s
response, the parties shall notify the Settlement Judge. The Settlement Judge may, in
the Court’s discretion, establish such mediation procedures the Court deems

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 appropriate.
44. Plaintiffs’ Counsel may seek intervention from the Court only after all efforts for
resolving the dispute with the assistance of the Settlement Judge have been
unsuccessful. They may do so by filing a motion for specific performance of the
material provision identified. The Court may, after appropriate notice, filing of moving
and opposing papers, submission of evidence and an evidentiary hearing, order specific
performance of the material provision specified in the notice upon a showing that the
DOC is in substantial and systemic non-compliance with that material provision.
45. Plaintiffs agree they shall not file a motion for contempt. The Court may not entertain a
motion for contempt and the Court may not grant any remedial relief in the nature of
a contempt of court finding against Defendants. If Plaintiffs prevail on their claim of
non-compliance, the sole remedy shall be specific performance of this Agreement.
46. The plaintiffs agree not to seek any attorneys’ fees and/or costs for any time spent in
any portion of dispute resolution, including, but not limited to, the drafting and sending
of the notice of noncompliance, reviewing DOC’s response, dispute resolution with
the Settlement Judge, or any motion filed with the court for specific performance of
the Agreement.

L. GENERAL PROVISIONS
47. The provisions of this Agreement may be suspended or modified in part or in entirety at a
specific DOC facility only if the defendants or their designees determine that a “genuine
emergency” exists at that DOC facility. Genuine emergency means any special
circumstances under which it is reasonable to conclude that there is any actual or potential
threat to the security of that DOC facility, or to the safety of the staff, prisoners or other
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 persons within such facility. If a “genuine emergency” lasts longer than twenty-four hours,
or occurs more than once in a one-week period, defendants shall report to plaintiffs’
counsel, within forty-eight hours except for good cause, the date of the emergency, the
nature of the emergency, and what provisions of this Agreement have been temporarily
suspended.
M. ATTORNEYS’ FEES
48. The defendants will pay to counsel for the plaintiff class the sum of $40,000.00, all in
full and final settlement of this action. This sum shall include all claims of any kind
for monetary payments of any kind for attorneys’ fees, costs and expenses related to
this litigation of any kind that could be claimed in this action, either now or in the
future, including but not limited to attorneys' fees, costs and expenses, from the
beginning of the world to the end of time.
49. Plaintiffs’ counsel further agrees not to seek any prospective fees and/or costs for any time
spent in any future work on this case of any kind, including, but not limited to the portion
related to dispute resolution.

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 DEFENDANTS,
NED LAMONT, et al,
WILLIAM TONG
ATTORNEY GENERAL
BY:___/s/ Terrence M. O’Neill______
Terrence M. O’Neill
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Federal Bar #ct10835
E-Mail: Terrence.oneill@ct.gov
Tel: (860) 808-5450
Fax: (860) 808-5591
BY:___/s/ James W. Donohue_________
James W. Donohue
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Federal Bar #ct28566
E-Mail: james.donohue@ct.gov
Tel: (860) 808-5450
Fax: (860) 808-5591

BY:
________________
James M. Belforti
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Tel: (860) 808-5450
Fax: (860) 808-5591
Federal Bar No. ct30449
E-Mail: james.belforti@ct.gov
BY:_/s/ Steven R. Strom____________
Steven R. Strom
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Tel.: (860) 808-5450
Fax: (860) 808-5591
Federal Bar #ct01211
E-Mail: steven.strom@ct.gov
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 PLAINTIFFS,
TRE MCPHERSON, PATTIKATE WILLIAMS-VOID,
THOMAS CAVES, MR. ROE, AND MR. DOE
AND ON BEHALF OF THE PUTATIVE CLASS

BY:___/s/ Dan Barrett______
Dan Barrett
ACLU Foundation of Connecticut
75 Asylum Avenue
Hartford, CT 06105
Tel: (860) 471-8471
BY:___/s/ Elana Bildner______
Elana Bildner
ACLU Foundation of Connecticut
75 Asylum Avenue
Hartford, CT 06105
Tel: (860) 471-8471
BY:___/s/ Will W. Sachse_________
Will W. Sachse
Dechert LLP
Cira Centre
2929 Arch Street
Philadelphia, PA 19130
Tel: (215) 994-2496

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