ACLU Reaches Prisoner Coronavirus Class Action Settlement

A settlement has been reached in a class action lawsuit alleging Connecticut state correctional facilities failed to implement adequate procedures to protect inmates during the coronavirus outbreak.

The ACLU of Connecticut, along with several inmates of Connecticut state correctional facilities, filed the class action lawsuit in April. The plaintiffs sought to represent a Class of all who were incarcerated in a Department of Corrections facility from March 1, 2020 and Dec. 31, 2020.

The prisoner coronavirus class action lawsuit contended Connecticut prisoners were not being provided adequate access to protections from the spread of the virus. The ACLU also alleged the state failed to implement an early release program to protect vulnerable inmates and stop the spread of COVID-19 in the midst of the pandemic.

Under the terms of the settlement agreement, a monitoring panel made up of five people will be formed to review the department’s compliance with CDC guidelines and make recommendations. The settlement also calls for increased testing of prisoners in state facilities, along with screening and testing of staff and other visitors.

Additionally, the Department of Corrections has agreed to implement 14-day quarantines for new admissions and isolation procedures for those who test positive for COVID-19. Prisoners will be given increased access to showers, soap and face masks, along with supplies to clean their cells and sanitize phones. The department also agreed to increase cleaning of the facility.

Inmates may no longer be subject to punitive work assignments and loss of phone privileges, along with other punitive measures affecting housing status and program access, simply because they tested positive for coronavirus.

Finally, inmates who are older than 65 or who have medical conditions, as well as the general population, will be evaluated by the commissioner of correction for possible early release. The settlement implements a scale officials must use to evaluate the potential early release of an inmate.

“People who are incarcerated are people, with human rights, dignity and healthcare needs,” the ACLU of Connecticut’s legal director said in response to the settlement agreement, according to local news source Eyewitness News 3.

“It is critical for the State of Connecticut to protect people who are incarcerated from COVID-19, and it is our hope these new measures will protect people from COVID-19 while also treating them with dignity. It will require our constant vigilance to ensure the DOC keeps the promises it has made in this agreement.”

For its part, Connecticut’s Department of Corrections claims it already had proper procedures in place.

“This settlement affirms the approach that the Department of Correction has been taking since the beginning of this pandemic,” the government said in response to the settlement agreement, the Hartford Courant reports. “The department will continue to act in this responsible manner as identified by the court and by this settlement.”

David McGuire, executive director of the ACLU of Connecticut, said the settlement falls short of the organization’s goal of early release, according to the Hartford Courant. In addition, McGuire noted another goal of the organization was to limit incarcerations when courts reopen.

“[T]he ACLU of Connecticut remains committed to using every remaining advocacy tool at our disposal to push for people who are incarcerated to be safely, thoughtfully released from prisons and jails,” McGuire said in response to the settlement agreement. “The legislature must pass a pandemic response plan for Connecticut prisons and jails that includes much broader releases than those mandated in this agreement.”

McGuire went on to note the Department of Corrections and governor of Connecticut were the subject of two lawsuits, reportedly stating it took these efforts to get the state to implement “even basic COVID-19 protections.”

“As was the case before COVID-19 and as remains the case now, Connecticut can and should reduce the number of people who are incarcerated to protect public health,” McGuire told the Courant.

The prisoner coronavirus class action settlement still must be approved by a federal judge.

In related legal news, the children of prisoners in the U.K. have not been able to visit their incarcerated parents since March due to coronavirus restrictions, and lawyers say the children’s human rights are being breached by not having access to their parents for months.

Have you or a loved one been incarcerated during the coronavirus pandemic? Do you think appropriate safety measures are in place? Tell us your story or thoughts in the comments below.

The ACLU and Class Members are represented by Dan Barrett and Elana Bildner of the ACLU Foundation of Connecticut and Will W. Sachse of Dechert LLP.

The Prisoner Coronavirus Protections 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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