Minn. ACLU Class Action Lawsuit Says Inmate COVID-19 Protections Inadequate

The ACLU of Minnesota recently filed a petition in state court urging the state’s corrections department to provide protections to inmates during the pandemic.

Several plaintiffs represented by the ACLU of Minnesota say the Minnesota Department of Corrections (DOC) and its commissioner, Paul Schnell, failed to properly handle the coronavirus in the way they are legally obligated to. Allegedly, the department severely mishandled the crisis by failing to implement measures which would slow or even stop the spread of COVID-19 amongst inmates, according to TwinCities.com.

“The cell [I was confined to] had feces on the floor and had obviously not been disinfected,” plaintiff Charles Jackson told the ACLU of Minnesota. “This made me extremely nervous that I could easily get the virus. I tried to clean the entire cell with towels the DOC provided me to shower with. I was not allowed to have cleaning supplies.”

Other failures reportedly include a lack of social distancing; staff members not wearing masks; denying testing to symptomatic inmates; confining COVID-19-positive inmates with healthy inmates; recirculating air from room to room; and a lack of hand sanitizer, hand hygiene items and cleaning supplies.

The class action lawsuit notes Minnesota has consistently implemented COVID-19 measures in all other areas of life and calls the lack of protections in jails and prisons a “blind spot.”

“In contrast to the speed with which Minnesota has followed public health officials’ other warnings, it has failed almost completely to act in any coordinated way to prevent COVID-19 from spreading rapidly through correctional facilities and overwhelming medical resources in nearby communities,” the ACLU of Minnesota class action lawsuit contends.

The Minnesota COVID-19 class action lawsuit notes that corrections facilities pose a unique threat for the spread of COVID-19 — a risk which has reportedly been recognized by leading public health officials, according to local ABC affiliate KSTR. Once the virus gets into a jail or prison, COVID-19 reportedly spreads like a wildfire.

The ACLU of Minnesota argues that unless the courts order the Minnesota Department of Corrections to implement safety measures, the “epicenter of the pandemic will be jails and prisons.” This could exacerbate the strain already put on the state’s healthcare system with “potentially devastating effects,” the petition notes.

According to the COVID-19 safety class action lawsuit, social distancing, regular testing, the wearing of masks, thorough sanitization and the reduction of population density are vital measures that can help protect both inmates and correctional staff.

Specifically, the ACLU of Minnesota urges the court to release susceptible prisoners with pre-existing conditions to home confinement. Between these and other measures, the ACLU argues, the risk of COVID-19 could easily be managed at corrections facilities.

This is not the first time that Minnesota has faced legal action from the ACLU.

Earlier this year in April, the ACLU of Minnesota filed a petition urging the corrections department to implement safety measures in their prisons and jails.

Other state prison systems have also faced legal allegations from the ACLU and other civil rights groups.

In April, two inmates filed a class action lawsuit against the Texas Department of Criminal Justice, challenging the state’s treatment of their detainees. Allegedly, inmates in Texas prisons and detention centers were denied access to soap, hand sanitizer and other protective measures that would help protect them from COVID-19.

Some of these class action lawsuits have induced real change to protect inmates during the pandemic.

In June, Connecticut state facilities agreed to a class action settlement with the ACLU of Connecticut, resolving claims that the state’s correctional facilities failed to protect inmates from the risk of COVID-19.

Under the terms of the settlement, COVID-19 prevention measures were implemented, such as increased prisoner testing, screening of staff and visitors, a mandatory 14-day quarantine for new arrivals and more. Additionally, a five-person monitoring panel was implemented to review the state department’s compliance with the U.S. Centers for Disease Control and Prevention (CDC) guidelines.

Do you think detainees in prison deserve better protections from COVID-19 hazards? Share your thoughts in the comment section below.

Minnesota inmates are represented by Daniel R. Shulman, Teresa Nelson, Ian Bratlie, Isabella Salomão Nascimento, and Clare Diegel of the ACLU of Minnesota.

The ACLU of Minnesota Lawsuit is Arnold Baker, et al. v. Minnesota Department of Corrections, et al., Case No. unknown, in the Minnesota District Court for Ramsey County, 2nd Judicial District.

The Texas Inmates COVID-19 Class Action Lawsuit is Laddy Curtis Valentine, et al. v. Bryan Collier, et al., Case No. 4:20-cv-01115, in the U.S. District Court for the Southern District of Texas, Houston Division.

The Connecticut Prisoner Coronavirus Class Action Lawsuit is McPherson, et al. v. Lamont, et al., Case No. 3:20-CV-0534 (JBA), in the U.S. District Court for the District of Connecticut.

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