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hawaii department of public safety
(Photo Credit: upprint/Shutterstock)

Hawaiian Inmates COVID-19 Outbreak Class Action Settlement Overview:

  • Who: Hawaiian inmates reached a settlement in a class action lawsuit against the state of Hawaii. 
  • Why: The inmates alleged the state’s Department of Public Safety failed to comply with its own response plans to keep them safe from COVID-19. 
  • Where: The class action lawsuit was filed in Hawaii federal court.

Hawaiian inmates who filed a class action lawsuit over claims they were not properly protected from COVID-19 have reached a settlement agreement with the state. 

The settlement includes the formation of an oversight committee to investigate and report on how prisons in Hawaii are following COVID-related health and safety guidelines set by the Department of Public Safety (DPS). 

The five-member panel will be required to produce monthly reports to address each individual prison or jails efforts to remain in compliance with the COVID-19 response plan as set out by the DPS. 

Committee members will have access to all on-site facilities, inmates, staff, and doctors, after 72 hours notice is provided to DPS, according to the settlement. 

The panel will also provide advice, non-binding guidelines, and recommendations to DPS, in order to assist it in implementing and updating its policies related to protecting inmates from COVID-19. 

The class action lawsuit was originally filed against Max Otani, Hawaii’s director of public safety, on behalf of all Hawaiian inmates who contracted COVID-19 or who were at risk of catching the virus.

Federal judge Jill Otake blasted Otani while issuing an injunction on July 13, blaming her for the outbreaks which sickened more than 50% of the prison population across five facilities, according to the Honolulu Star-Advertiser.

The outbreaks led to at least nine deaths, according to the class action lawsuit, and reported by the Associated Press

Plaintiffs claimed they were forced to live in unsanitary conditions that led to “uncontrolled” outbreaks of COVID-19 among the inmate population at five facilities. 

Inmates sick with COVID-19 were housed with those who had not yet contracted the virus, according to the class action lawsuit, which alleged they were forced to sleep on mats inches apart, stand close to one another while waiting in line for meals, and kept in areas only feet from bathrooms routinely overflowing with human waste. 

Do you believe Hawaii’s Department of Safety could have done more to protect prison inmates from COVID-19? Let us know in the comments! 

The plaintiffs are represented by Eric Seitz and Gina Szeto-Wong of the Law Office of Eric Seitz. 


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