On July 28, 2020 a
Motion-Secondary
was filed
involving a dispute between
Ainooson, W90887, Justice,
and
Kelly, Deputy Superintendent, Sheila Creaton,
Mici, Commissioner, Carol,
Nelligan, Director Of Classification, Abbe E.,
Smith, Correctional Program Officer, Kerry,
for Civil Actions with Incarcerated Party
in the District Court of Middlesex County.
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2
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX ss —_————n Civil Action No.:
FICE 20-01800
LERK FE OF THE
BOMNDOLESEX
JUSTICE | osm, A FOR THE COUNTY
?iPlaintiff,
JAN 0 4 2021
L&E 2 96 i“ Ox Lette)
ve “
ae oe
Lz eee
CAROL MICI, et al.,
Defendants.
PLAINTIFF'S REPLY TO THE DEFENDANTS' OPPOSITION
TO THE PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTION
Now comes, the plaintiff "Ainooson", in the above entitled matter
replying to the defendants' opposition to Ainooson's Petition for
Preliminary Injunction. Presently we are in extraordinary times
where the world has been ravished by the deady COVID-19 virus, due
to Ainooson's preexisting condition and the defendants' failure to
provide safe
| and sanitary conditions Ainooson does not have the
|
luxury of waiting to proceed on this matter as he is housed within
an institution that presently houses around 500 inmates but more
than 260 |inmates has tested positive for COVID-19 due to the
defendants! deliberate indifference.
This is an extraordinary circumstance thab: this Petition for
|
Preliminary Injunction is suitable for and the Massahusetts Supreme
Judicial Court "SJC" has already acknowledged the extraordinary
circumstances and has granted the Courts the authority to address
these matters swiftly, due to the [Courts] "must take such steps as
are open)... to protect those who remain incarcerated from the
dangers of COVID-19" See Commonwealth v. Nash, SJC-12976 and
Commonwealth v. Elibert, SJC-12990 (December 14, 2020) SJC's ruling
on page |25 (the SJC comsolidated both cases within it's ruling).
Page 2 of}Ainooson's Reply 12/28/2020
It is extremely disturbing how the defendants' attorney is ignoring
the facts) that his clients are not ensuring the protection:of
Ainooson' safety, health and life during this pandemic and
instead is asking the Court to turn a blind eye to such circumstances
that will surely result in irreparable harms and that also has the
potential to be deadly.
The defendants do not have any supporting case law nor rule of
the Court to justify/support their opposition to Ainoosan's
Petition | to Preliminary Injunction of this nature, nor has the
defendants supplied any affidavit in support of their opposition.
In fact due to the retaliatory actions committed by the defendants
while disregarding Ainooson's disabilities, gabng with the
defendan -s deliberate indifference that can potentially have
deadly r sults and will definitely result in irrepaprable harms
(due to GOVID-19 ),the Court has the authority to GRANT such an
injunction
| due to the extraordinary circumstances due to Ainooson's
life and j/health hangs in the balance. The SJC has urged the Courts
to take action as such preventive measures, ibid.
WHEREFORE, Ainooson respectfully requests that this Honorable
Court understand the importance of GRANTING Ainooson's Verified
Preliminary Injunction due to the extraordinary circumstances
created by COVID-19 and GRANT Ainooson's Verified Preliminary
Injunction for the reasons within Ainooson's Verified Preliminary
Injunction and the reasons above.
Date; Décember 28, 2020 Res y Submitted,
1
oO
ce Ainooson, pro se
887
-O. Box 9106
Concord, MA 01742
uosoouty 90
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|
BOTATES JO 92eO9TITIAaD |
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Document Filed Date
January 04, 2021
Case Filing Date
July 28, 2020
Category
Civil Actions with Incarcerated Party
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2 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX ss —_————n Civil Action No.: FICE 20-01800 LERK FE OF THE BOMNDOLESEX JUSTICE | osm, A FOR THE COUNTY ?iPlaintiff, JAN 0 4 2021 L&E 2 96 i“ Ox Lette) ve “ ae oe Lz eee CAROL MICI, et al., Defendants. PLAINTIFF'S REPLY TO THE DEFENDANTS' OPPOSITION TO THE PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTION Now comes, the plaintiff "Ainooson", in the above entitled matter replying to the defendants' opposition to Ainooson's Petition for Preliminary Injunction. Presently we are in extraordinary times where the world has been ravished by the deady COVID-19 virus, due to Ainooson's preexisting condition and the defendants' failure to provide safe | and sanitary conditions Ainooson does not have the | luxury of waiting to proceed on this matter as he is housed within an institution that presently houses around 500 inmates but more than 260 |inmates has tested positive for COVID-19 due to the defendants! deliberate indifference. This is an extraordinary circumstance thab: this Petition for | Preliminary Injunction is suitable for and the Massahusetts Supreme Judicial Court "SJC" has already acknowledged the extraordinary circumstances and has granted the Courts the authority to address these matters swiftly, due to the [Courts] "must take such steps as are open)... to protect those who remain incarcerated from the dangers of COVID-19" See Commonwealth v. Nash, SJC-12976 and Commonwealth v. Elibert, SJC-12990 (December 14, 2020) SJC's ruling on page |25 (the SJC comsolidated both cases within it's ruling). Page 2 of}Ainooson's Reply 12/28/2020 It is extremely disturbing how the defendants' attorney is ignoring the facts) that his clients are not ensuring the protection:of Ainooson' safety, health and life during this pandemic and instead is asking the Court to turn a blind eye to such circumstances that will surely result in irreparable harms and that also has the potential to be deadly. The defendants do not have any supporting case law nor rule of the Court to justify/support their opposition to Ainoosan's Petition | to Preliminary Injunction of this nature, nor has the defendants supplied any affidavit in support of their opposition. In fact due to the retaliatory actions committed by the defendants while disregarding Ainooson's disabilities, gabng with the defendan -s deliberate indifference that can potentially have deadly r sults and will definitely result in irrepaprable harms (due to GOVID-19 ),the Court has the authority to GRANT such an injunction | due to the extraordinary circumstances due to Ainooson's life and j/health hangs in the balance. The SJC has urged the Courts to take action as such preventive measures, ibid. WHEREFORE, Ainooson respectfully requests that this Honorable Court understand the importance of GRANTING Ainooson's Verified Preliminary Injunction due to the extraordinary circumstances created by COVID-19 and GRANT Ainooson's Verified Preliminary Injunction for the reasons within Ainooson's Verified Preliminary Injunction and the reasons above. Date; Décember 28, 2020 Res y Submitted, 1 oO ce Ainooson, pro se 887 -O. Box 9106 Concord, MA 01742 uosoouty 90 0207 ‘8Z zequeceq teqeg rMoTeq e1ep 2 o [Tew sseTo ysaty ‘ptedead e8eysod ‘weajshs SUT[TTeW TBUOTINITIJeUT OY OUT 34 Sutoetd hq ‘OTTZO WW ‘udasog ‘009 eq3tns §30079$ UTTyUeIY O/ 12 ‘uopzo9 paeyoty Aeurojqe ,sjuepuazep 9ya uodn + *uotitsoddo ,SJuepuszog oy} 07 Atdey s|zstiutetg yo Adoo & peazes eaey J 3eUy Ajtq1a0 Aqerzey ‘uosoouty oFasne *T | BOTATES JO 92eO9TITIAaD | 0202/82/ZT Atdey # MosoouTY [50 € e8eg