IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 48053 In the Matter of Application for Writ of ) Habeas Corpus. ) -------------------------------------------------- ) NOVA MARIE WILLIAMS, CHLOE ) REANNEN WAGER, ROSE MARIE FEW, ) JOY LYNN KIRKLAN, ALEXIS ALYCE ) MOON, BARBARA SIGRID WARREN, ) JESSICA MARIE KIBE, AMBER RENEE ) DESCHENE, ASHLEY RAE ASHCRAFT, ) JESSE RICHARD PEDROZA, BRANDON ) JACOB RABER, ANTHONY ALLEN ) COFFEY, PATRICK LEE CARNEY, ) KENNETH W. DAUGHTRY, OMAR ) MARTINEZ JUAREZ, WILLIAM JOHN ) HAMILTON, BEAU ALAN MICHEL, ) CODY JOHN JAMES BUTTERFIELD, ) CAMERON WILSON, ABNER MIZAEL G. ) MOTEPEQUE, DOUGLAS BUTLER ) PHILLIPS, RANDALL LEE SANTERO, ) Boise, September 2020 Term BRANDON LEE NETHERTON, DAZIE ) JOE OLSEN, JOSHUA MICHAEL ) Opinion Filed: November 2, 2020 ANDERSON, BRANDON MCMILLAN, ) BRYAN RIGGS, MICHAEL ELTON ) Melanie Gagnepain, Clerk MCCARROLL, ALEX MICHAEL LITZ, ) RYAN MICHAEL DIETRICH, GAVIN ) CORDELL MILAND, ISAIAH ) MCKENDRICK BELL, RICK EUGENE ) WEAVER, EMIL MERCADO, MICHAEL ) MCDONOUGH, MICHAEL ALEXANDRA ) DEAN, WILLIAM MYLES, AMOS ) COOMBS, MICHAEL DUMAS, JOHN ) MCKAY, ALFRED BOWERS, JR., JESUS ) LOPEZ, and BRETT ROGERS, ) ) Petitioners-Appellants, ) ) v. ) ) MIKE HOLLINSHEAD, Sheriff of Elmore ) County; and SHAUNA GAVIN, ) Administrator of the Elmore County Jail, ) 1 ) Respondents. ) _______________________________________ ) Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Elmore County. James S. Cawthon, District Judge. The district court’s order granting summary judgment is affirmed. Petersen Moss Hall & Olsen, Idaho Falls, for appellants. Nathan Olsen argued. Daniel Page, Elmore County Prosecuting Attorney, Mountain Home, for respondents. Ralph Blount argued. _____________________ BRODY, Justice. This appeal concerns a group of prisoners (“Petitioners”) seeking a writ of habeas corpus based on the conditions of their confinement during the COVID-19 pandemic. The Petitioners are all incarcerated at the Elmore County Jail (“Jail”). They contend their conditions of confinement constitute cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. More specifically, the Petitioners assert they are in imminent danger because officials at the Jail have not implemented any discernable mitigation measures in response to the COVID-19 pandemic. Elmore County Sheriff Mike Hollinshead and Lieutenant Shauna Gavin (collectively “Officials”) deny this assertion. Furthermore, the Officials contend that the Petitioners’ request for a writ of habeas corpus should be denied because the Petitioners have not exhausted their administrative remedies. The Officials filed a motion for summary judgment with the district court, which was granted. The district court also awarded the Officials their attorney fees. The Petitioners timely appealed the district court’s decisions to this Court, which agreed to hear the appeal on an expedited basis. We affirm the district court’s decision granting summary judgment, but we reverse the district court’s award of attorney fees. I. FACTUAL AND PROCEDURAL BACKGROUND Nine female prisoners incarcerated in the Jail filed a petition seeking a writ of habeas corpus with this Court on April 3, 2020. This Court ...
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