Give inmates their shot: judge

A Bronx Supreme Court judge on Monday ordered that all New York inmates in prisons and jails must be considered eligible for the COVID-19 vaccine.

Judge Alison Tuitt ruled the vaccine plan spearheaded by Gov. Cuomo and state Health Commissioner Howard Zucker violated the constitutional rights of those behind bars because it didn’t include inmates in Phase 1B — the category in which people in congregate settings became eligible Jan. 11 to get the lifesaving shot.

“The decision by the [state] to exclude these incarcerated persons from eligibility for the vaccine was unquestionably arbitrary and capricious, especially in light of the fact that [the state] approved vaccinations for all other congregate living facilities, including juvenile detention facilities,” Tuitt wrote in the ruling. “This was an unfair and unjust decision by [the state], was not based in law or fact and was an abuse of discretion.”

The decision came after a coalition of advocacy organizations filed a suit against the state in February on behalf of all inmates in city jails.

The suit argued that state officials — who set the rules regarding the vaccination rollout — deprived both city inmates and state prisoners of essential medical care.

“It is an affront to public health guidance and common decency that New York State had neglected to offer vaccines to all incarcerated New Yorkers,” said Donna Lieberman, executive director at the New York Civil Liberties Union.

In a statement, the acting counsel to the governor, Beth Garvey, said the state Corrections Department began vaccinating staff and incarcerated individuals on Feb. 5, and as of March 27, more than 19,246 vaccinations have been administered.”