COLDWATER, MI (WKZO AM/FM) — A new class action by prison inmates in Michigan is accusing the state of failing to protect them from COVID-19 and depriving them of their constitutional rights.
The lawsuit filed in U.S. District Court alleges that the Michigan Department of Corrections has illegally exposed prisoners to the virus by refusing to take additional protective measures and isolating sick inmates.
One inmate at the Lakeland Correctional Facility in Coldwater has joined the lawsuit, where 787 of 1,409 prisoners have tested positive for COVID-19. The Branch County facility houses the largest number of older inmates in the state and this week reported its 14th death from the acute respiratory illness.
The MDOC has confirmed that 1,412 state inmates have tested positive and 41 have died since the outbreak began.
The suit argues that the failure of the corrections department to follow the U.S. Centers for Disease Control and Prevention guidelines for prisons amounts is a violation of their 8th amendment rights, with the undue exposure to COVID-19 in state prisons amounting to “cruel and unusual punishment.”
A released transcript of the lawsuit shows that 6 plaintiffs currently in prison are asking the U.S. District Court to immediately implement CDC advised guidelines in Michigan Prisons. Inmates are also requesting a short-term restraining order to protect them from exposure.
As the outbreak worsens, the MDOC has stepped up efforts to limit transmission of COVID-19, saying that additional medical care is being provided and that at-risk and symptomatic prisoners are being regularly tested for COVID-19.
In March the MDOC halted nearly all in-person visits to state prisons for the duration of the pandemic.
The CDC guidelines state that prisons are considered especially vulnerable to the spread of infectious diseases because of the close quarters in which prisoners live, and the difficulty in seeking medical care compared to the general population.
Corrections department spokesperson Chris Gautz told WWMT that the agency has been following the CDC and Michigan Department of Health and Human Services mandates during the outbreak.
The MDOC has posted details online of the measures it has taken to curb new cases, as well as an updated count of how many inmates and staff have tested positive or died from the illness.
The lawsuit alleges that social distancing guidelines are not being adequately enforced at multiple prisons around the state.
A shortage of space at some facilities has led to inmates being moved into day-use rooms where they are sleeping within three feet of one another. In other cases inmates are being forced to remain in the same cell block with others that have already tested positive for COVID-19.
Another claim issued in the lawsuit alleges that some corrections officers have failed to wear personal protective equipment when switching between handling sick and non-sick inmates.
Prisoners say that soap and cleaning supplies have been rationed, making it harder to keep sanitized surfaces that have come in contact with infected individuals.
The difficulty in managing prison activities while keeping inmates safe has put a strain on corrections officers and the oftentimes packed prison facilities, making identifying sick individuals difficult for health workers and staff.
Nearly half of Lakeland’s inmate population has been infected with COVID-19, and the MDOC says that 80% of those tested positive showed little to no symptoms at the time they received a test.
