Texas Inmates Class Action Alleges Inadequate COVID-19 Protection

Texas Inmates filed a class action lawsuit challenging their lack of access to protective measures including soap and hand sanitizer during the COVID-19 pandemic.

Two inmates at the Wallace Pack Unit, Laddy Curtis Valentine and Richard Elvin King, filed the class action lawsuit against the Texas Department of Criminal Justice (TDCJ), Bryan Collier, executive director of the TDCJ and Robert Herrera, the warden of the Wallace Pack Unit.

The inmates challenge the department’s lack of action to protect inmates from the coronavirus outbreak.

Allegedly, Valentine is 69-years-old, and is expected to remain in custody until 2036. King says that he is 73-years-old, and is not expected to be released from custody.

The two inmates explain that Wallace Pack is a Type-1 geriatric prison, housing many inmates who are at high risk for contracting the coronavirus, as they are over 50, have serious medial conditions, or both. 

Are you or a loved one an inmate seeking better protection from the coronavirus outbreak? Get legal help by clicking here.

The Texas Department of Criminal Justice has reportedly failed to take proper measures to prevent the spread of COVID-19 within Wallace Pack and throughout the surrounding community.

Valentine and King explain that prisons are an ideal location for the spread of COVID-19, because of the high number of people housing together in tight quarters. To support this claim, the inmates note that the Centers for Disease Control and Prevention have stressed that COVID-19 could spread easily through prisons because of these conditions.

Nonetheless, the inmates say the TDCJ, Bryan Collier and Robert Herrera have not taken appropriate steps to protect them. Allegedly, the inmates have been denied “proper and equal access” to important preventative measures that can help slow the spread of COVID-19.

The plaintiffs claim that those in charge of Wallace Pack have only implemented some of the Center for Disease Control’s measures for defending against COVID-19. Additionally, the facility and those in charge have not implemented TDCJ policies in the Pack Unit.

Valentine and King provide context for the importance of preventing the spread of COVID-19 through Wallace Pack, by explaining its spread throughout the world. They note that COVID-19 has become a global pandemic, declared a “Public Health Emergency of International Concern” by the World Health Organization, and a Public Health Emergency in the United States.

In Texas, Governor Greg Abbot implemented an executive order advising Texans to avoid social gatherings of more than 10 people, and declared a state of disaster. Additionally, Valentine and King stress that the threat is only worsening, as the cases of COVID-19 around the world are growing exponentially.

The inmates stress that COVID-19 is highly contagious between individuals, even those who are asymptomatic. To make matters worse, they say that recent research indicates that it can survive for up to “three hours in the air, four hours on copper, twenty-four hours on cardboard, and two to three days on plastic and stainless steel.”

The inmates note that prisoners at Wallace Pack come into contact with these surfaces on a daily basis.

As there is no cure or vaccine for COVID19, the best defense against the virus is prevention, say Valentine and King.

These measures include social distancing, hand washing and disinfecting surfaces frequently.

However, some of these measures, such as social distancing are allegedly impossible to implement in a prison.

Because of this limitation, the inmates stress that it is all the more necessary to take other, possible steps.

However, Valentine and King say that those detained at Wallace Pack are impeded from accessing these preventative measures.

They say that in a cruel twist of irony, they are forced to manufacture alcohol-based sanitizer that is then sold elsewhere, but are prohibited from using it themselves.

Allegedly, the CDC has recommended that correctional facilities relax restrictions on alcohol-based hand sanitizer amongst inmates, but Wallace Pack has not heeded this recommendation.

The Texas prison COVID-19 spread also notes that Wallace Pack has not taken sufficient steps to limit moving prisoners in and out of Wallace Pack, as well as within the facility itself.

Nonetheless, the TDCJ still accepts inmates from county jails without testing them for COVID-19. According to Valentine and King, this practice puts inmates at unnecessary risk for contracting the coronavirus.

The inmates are represented by Jeff Edwards, Scott Medlock, Michael Singley, and David James of The Edwards Law Firm; and by John R. Keville, Denise Scofield, Michael T. Murphy, Brandon W. Duke, Benjamin D. Williams, Robert L. Green, and Corinne Stone Hockman of Winston & Strawn LLP.

The Texas Inmates COVID-19 Spread 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.

Join a Free Coronavirus Class Action Lawsuit Investigation

If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation. 

Join Here

Read More Lawsuit & Settlement News:

$65M Available to Help West Virginia Human Trafficking Victims

Simply Nourish Class Action Says Pet Food Isn’t Natural

Seattle Woman Files Uber Sexual Assault Lawsuit

Why Is There a Recall on Zantac?