Free Daily Headlines :

  • COVID-19
  • Vaccine Info
  • Money
  • Politics
  • Education
  • Health
  • Justice
  • More
    • Environment
    • Economic Development
    • Gaming
    • Investigations
    • Social Services
    • TRANSPORTATION
  • Opinion
    • CT Viewpoints
    • CT Artpoints
DONATE
Reflecting Connecticut’s Reality.
    COVID-19
    Vaccine Info
    Money
    Politics
    Education
    Health
    Justice
    More
    Environment
    Economic Development
    Gaming
    Investigations
    Social Services
    TRANSPORTATION
    Opinion
    CT Viewpoints
    CT Artpoints

LET�S GET SOCIAL

Show your love for great stories and out standing journalism

State judge dismisses ACLU COVID-19 state lawsuit, hours before second inmate dies

Class action federal lawsuit remains ongoing

  • COVID-19
  • by Kelan Lyons
  • April 25, 2020
  • View as "Clean Read" "Exit Clean Read"

A state judge issued a ruling late Friday night dismissing the ACLU of Connecticut’s lawsuit to remove incarcerated people from correctional facilities to mitigate the spread of COVID-19.

The ACLU filed a state lawsuit in early April seeking to force the state to release inmates from prison or jail who have heightened risk factors, as defined by the Centers for Disease Control and Prevention, that make them vulnerable to serious illness or death from COVID-19. The lawsuit also asked the state to submit a plan outlining how it will provide adequate sanitation and social distancing behind bars, diagnose and treat those showing symptoms of the virus, and fund transitional housing for the duration of the pandemic.

The judge’s ruling came hours before the Department of Correction announced a second inmate has died from the virus. The inmate had been incarcerated at Willard-Cybulski Correctional Institution and had underlying health conditions. He was 57 years old and had been serving a 22-year sentence for first degree robbery. He passed away at Johnson Memorial Hospital Saturday morning. He spoke to his family one last time before he died.

As of Friday, 639 inmates and prison staff had contracted the virus, a sharp increase from the 24 employees and incarcerated people who had tested positive for the virus as of April 2. More than 200 inmates and staff have been “medically cleared” since contracting the virus.

Sworn statements submitted by inmates in the lawsuit described cramped living spaces, inadequate access to cleaning supplies and a confusing transfer process within correctional facilities that the ACLU argued could exacerbate the spread of the virus. The lawsuit contended the state did not take adequate action to prevent an outbreak and that being behind bars left people exposed to a risk of serious harm.

On April 7 the Department of Correction began moving most inmates who tested positive for COVID-19 to Northern Correctional Institution. They are held in isolation and treated before they are medically cleared and sent back to their original correctional facility.

Superior Court Judge Barbara Bellis ruled Friday that the ACLU failed to show the state has acted with “deliberate indifference” to the risks posed by the pandemic.

“To the contrary, the plaintiffs describe the defendants’ conduct in the amended complaint as ‘commendable, but unfortunately insufficient to comply with their constitutional and statutory obligation to ensure the safety of those in their custody,'” Bellis wrote. “Allegations that the defendants’ actions have been or will be ‘insufficient’ do not rise to the level of a conscious disregard of an excessive risk to inmate health or safety.”

Bellis’ ruling notes that the ACLU’s argument is the Department of Correction has not protected those entrusted to its care by releasing more people from correctional facilities to reduce the risk of infection.

“These allegations sound in negligence, not recklessness,” wrote Bellis, noting that recklessness is wanton misconduct that disregards the rights and safety of others, or the consequences of their actions. Because the state’s actions are not reckless, Bellis wrote, the ACLU’s suit has been dismissed.

The governor’s office declined to comment on the dismissal.

“Our hearts go out to the loved ones of incarcerated people, whom the state continues to put in harm’s way from COVID-19. We will not stop fighting, and we are using every tool at our disposal to require Governor Lamont and Commissioner Cook to fulfill their constitutional and moral obligation to protect incarcerated people from COVID-19,” said Dan Barrett, ACLU of Connecticut legal director and an attorney on the case.

The class action federal lawsuit the ACLU filed earlier this week remains ongoing.

Sign up for CT Mirror's free daily news summary.

Free to Read. Not Free to Produce.

The Connecticut Mirror is a nonprofit newsroom. 90% of our revenue comes from people like you. If you value our reporting please consider making a donation. You'll enjoy reading CT Mirror even more knowing you helped make it happen.

YES, I'LL DONATE TODAY

ABOUT THE AUTHOR

Kelan Lyons is a Report For America Corps Member who covers the intersection of mental health and criminal justice for CT Mirror. Before joining CT Mirror, Kelan was a staff writer for City Weekly, an alt weekly in Salt Lake City, Utah, and a courts reporter for The Bryan-College Station Eagle, in Texas. He is originally from Philadelphia.

SEE WHAT READERS SAID

RELATED STORIES
What we’ve lost, what we’ve learned during our year of COVID
by CT Mirror Staff

On March 6, 2020, Gov. Ned Lamont announced that the first case of COVID-19 had been detected in Connecticut, and within weeks, life as we knew it was a memory. Schools were shut down, universities emptied, businesses shuttered. Those of us who were fortunate enough to be able to work from home set up shop at our […]

Plan to expand child tax credit offers hope along with direct payments
by Lisa Backus | C-HIT.ORG

When her car started making a noise more than a year ago, Chinara Johnson parked the vehicle and hasn’t used it since. As a New Haven mother of 5-year-old twin boys, one of whom is on the autism spectrum, and an 8-year-old daughter, Johnson doesn’t have the money to get the car running properly again. […]

Aid-in-dying bill clears key hurdle with committee passage
by Jenna Carlesso

The bill would let terminally ill patients access medication to end their lives.

Ned Lamont’s year in the shadow of COVID
by Mark Pazniokas

Ned Lamont has been the face, voice, and interpreter of the COVID crisis, mourning deaths, explaining setbacks and cautiously celebrating.

Restaurants and other business can go back to full capacity on March 19 as Lamont rolls back COVID restrictions in CT
by Mark Pazniokas and Jenna Carlesso

Connecticut will eliminate COVID-19 capacity limits on restaurants, houses of worship, retailers and most businesses on March 19.

Support Our Work

Show your love for great stories and outstanding journalism.

$
Select One
  • Monthly
  • Yearly
  • Once
Artpoint painter
CT ViewpointsCT Artpoints
Opinion The public health bill no one is talking about, but should be
by Brian Festa

On February 16,  the legislature's Public Health Committee conducted a public hearing on two bills, S.B. 568 and H.B. 6423, both of which would eliminate the religious exemption to mandatory vaccinations for Connecticut schoolchildren.  The hearing was capped at 24 hours, depriving nearly 1,500 members of the public who had registered for the hearing their opportunity to be heard.  The vast majority of those who did testify, and who submitted written testimony, opposed the bill.  The committee is expected to vote on the bill as early as  today. 

Opinion Students need more resources, fewer officers
by Tenille Bonilla

"School resource officer" is just a nice way to say cop. But what students really need is more resource and less officer.

Opinion The Board of Regents’ changes must not shortchange its students or faculty
by Carrie Andreoletti, PhD

As a university professor and a lifespan developmental psychologist, I tend to approach my work from a developmental perspective. This means I aim to foster a lifelong love of learning and to help others find a sense of meaning and purpose, as well as confidence in their ability to reach their goals. My approach to higher education is shaped by my desire to provide the best possible education for my students. This is why the recent Board of Regents’ proposed changes at the four state universities have me worried.

Opinion How to close schooling opportunity gaps created by the pandemic
by Carol Gale

We ask school district leaders to trust your public servants whose daily work life involves assessing student needs and planning or modifying instruction to meet those needs. Listen to their voices, as we have, and allocate precious resources on interventions that will offer increased opportunities for Hartford students to succeed.

Artwork Grand guidance
by Anne:Gogh

In a world of systemic oppression aimed towards those of darker skintones – representation matters. We are more than our equity elusive environments, more than numbers in a prison and much more than victims of societal dispositions. This piece depicts a melanated young man draped in a cape ascending high above multiple forms of oppression. […]

Artwork Shea
by Anthony Valentine

Shea is a story about race and social inequalities that plague America. It is a narrative that prompts the question, “Do you know what it’s like to wake up in new skin?”

Artwork The Declaration of Human Rights
by Andres Chaparro

Through my artwork I strive to create an example of ideas that reflect my desire to raise social consciousness, and cultural awareness. Jazz music is the catalyst to all my work, and plays a major influence in each piece of work.”

Artwork ‘A thing of beauty. Destroy it forever’
by Richard DiCarlo | Derby

During times like these it’s often fun to revisit something familiar and approach things with a different slant. I have been taking some Pop culture and Art masterpieces and applying the vintage 1960’s and 70’s classic figures (Fisher Price, little people) to the make an amusing pieces. Here is my homage to Fisher -Price, Yellow […]

Twitter Feed
A Twitter List by CTMirror

Engage

  • Reflections Tickets & Sponsorships
  • Events
  • Donate
  • Newsletter Sign-Up
  • Submit to Viewpoints
  • Submit to ArtPoints
  • Economic Indicator Dashboard
  • Speaking Engagements
  • Commenting Guidelines
  • Legal Notices
  • Contact Us

About

  • About CT Mirror
  • Announcements
  • Board
  • Staff
  • Sponsors and Funders
  • Donors
  • Friends of CT Mirror
  • History
  • Financial
  • Policies
  • Strategic Plan

Opportunity

  • Advertising and Sponsorship
  • Speaking Engagements
  • Use of Photography
  • Work for Us

Go Deeper

  • Steady Habits Podcast
  • Economic Indicator Dashboard
  • Five Things

The Connecticut News Project, Inc. 1049 Asylum Avenue, Hartford, CT 06105. Phone: 860-218-6380

© Copyright 2021, The Connecticut News Project. All Rights Reserved. Website by Web Publisher PRO