Attorneys: Jail not adhering to protection agreement
Several months after the U.S. Court of Appeals ruled that there were adequate measures in place at the Oakland County Jail to curb the spread of COVID-19, civil rights attorneys say officials are violating terms of an agreement and are again putting inmates at unnecessary risk of contracting the virus.
Attorneys representing county officials dispute the allegations and claim they are complying with the agreement.
U.S. District Judge Linda Parker — assigned to the case since a lawsuit on behalf of inmates was filed last spring due to purported concerns over COVID-19 — is being asked to enforce the agreement and add to it.
The civil litigation was launched by the ACLU of Michigan and other groups, naming Oakland County, Sheriff Michael Bouchard and Major Curtis Childs, who runs the jail, as defendants. Eventually, a stipulated agreement was implemented, addressing cleaning and sanitizing, personal protection equipment, hygiene, social distancing, testing and other measures affecting inmates and staff.
Civil rights attorneys had pushed for more, wanting every inmate deemed “vulnerable” due to health conditions to be let out early or put on home confinement, rather than just the nonviolent ones that judges had been releasing for those reasons. Parker agreed, but that ruling then made its way to the Court of Appeals where judges said Oakland County officials had undertaken sufficient action to mitigate the virus’ spread, so early release of inmates wasn’t necessary.
Yet the case remained active, with county officials required to follow the agreement.
Civil rights attorneys, in recent court action, are basing their claims on an outbreak of COVID-19 that reportedly happened in November at the jail as well as statements from inmates about noncompliance and related concerns.
Claims, disputes
At a Tuesday hearing via Zoom, civil rights attorneys told the judge inmates are reporting that nurses aren’t wearing facemasks as required, cleaning rags aren’t provided as needed and testing for the virus must be ramped up. The written motion to enforce the agreement also makes claims that inmates aren’t given adequate amounts of toilet paper and soap, social distancing isn’t happening and inmates’ health concerns are ignored.
Attorney Robert Clark, representing Oakland County and officials named in the lawsuit, countered that allegations regarding the nurses can’t be investigated or confirmed, since the claims included no names, dates or other pertinent information. He also said cleaning supplies are adequate per the agreement, as is testing for COVID-19 and quarantining when warranted.
Civil right attorneys want the entire jail population tested as a “remedial measure” to the agreement, which currently calls for immediately testing anyone showing symptoms of COVID-19 infection. Also, incoming inmates are tested, and all inmates are tested monthly.
In addition, according to Clark, COVID-19 tests are available to inmates on request — though civil rights attorneys dispute that.
Civil rights attorneys further argue that testing only symptomatic inmates creates an unnecessary risk, while Clark said that testing too early could clear an inmate who could be infected soon afterward.
Parker denied a request by Clark and his co-counsel to vacate and dismiss the lawsuit, but is expected to hold a status conference in January to further address the claims of noncompliance and request for enforcement. In the meantime, attorneys from both sides are expected to correspond and share additional information pertinent to the case.
Sheriff’s office weighs in on issue
According to Undersheriff Mike McCabe, as of Dec. 15 the Oakland County Jail is housing 720 inmates, of which 24 are quarantined due to COVID-19. A process continues to have some inmates released early due to preexisting health conditions that could possibly put them at greater risk if infected with the virus. Judges have the final say on early releases.
McCabe said the ongoing litigation “is more of the same BS as before, when (civil rights attorneys’) frivolous request for an order was dismissed by the Sixth Circuit Court of Appeals.”
Since March, 5,668 inmates at the Oakland County Jail have been tested for COVID-19 with a positivity rate measured at 2.3 percent. That rate, McCabe said, compares to 11.9 percent for the State of Michigan.
“So if you look at those numbers, you are safer in the Oakland County Jail from COVID than in the general public,” he said. “However, just so it is clear, we are not inviting anyone to take advantage of that rate and we suggest you stay out of the Oakland County Jail if possible.”
McCabe added that “perhaps the plaintiffs in this case should concentrate their efforts elsewhere.”