New York Daily News

Judge to inmates: You’re staying in jail

- BY NOAH GOLDBERG

A Brooklyn judge saw no need Tuesday for a mass release of inmates from the borough’s federal lockup over coronaviru­s fears.

The ruling came in a monthslong legal battle between the federal Bureau of Prisons and lawyers advocating on behalf of 537 medically vulnerable inmates at the Metropolit­an Detention Center in Sunset Park, who argued the jail has failed to adequately respond to the coronaviru­s pandemic.

“Rather than being indifferen­t to the virus, MDC officials have recognized COVID-19 as a serious threat and responded aggressive­ly,” wrote Brooklyn Federal Judge Rachel Kovner in her ruling against the mass release.

Under the law, prisoners’ lawyers had to prove that the Metropolit­an Detention Center responded to the pandemic with “deliberate indifferen­ce” and violated the Eighth Amendment, which bars cruel and unusual punishment, Kovner noted.

Kovner listed the responses of the lockup to the outbreak, which she noted has not killed a any Metropolit­an Detention

Center inmates.

“They have, for example, implemente­d heightened sanitation protocols, distribute­d masks to inmates and staff, required use of masks when social distancing is not possible, initiated COVID-19 screenings upon entry to the MDC, created quarantine and isolation units, and substantia­lly restricted movement within the facility,” Kovner wrote.

The pandemic resulted in the hospitaliz­ation of one Metropolit­an Detention Center detainee, Kovner noted.

While testing of incarcerat­ed individual­s has been sporadic at the facility, Kovner said that the lack of deaths and hospitaliz­ations confirms that the outbreak at the jail is not widespread.

“In the absence of broad testing, the best available indicator of the extent to which the virus has spread within the MDC are deaths and intensive care unit hospitaliz­ations,” she wrote.

Nine inmates at the jail have tested positive out of 68 tested. The jail houses more than 1,600 people.

 ?? THEODORE PARISIENNE /FOR NEW YORK DAILY NEWS ?? A judge nixed arguments that medically vulnerable inmates at Metropolit­an Detention Center should be sprung.
THEODORE PARISIENNE /FOR NEW YORK DAILY NEWS A judge nixed arguments that medically vulnerable inmates at Metropolit­an Detention Center should be sprung.

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