Suit seeks release of vulnerable inmates from county’s jails
Two weeks after receiving a demand to test all inmates for COVID-19, a classaction lawsuit was filed against Maricopa County in U.S. District Court.
Attorneys representing nine inmates and the organization, Puente Human Rights Movement, filed the lawsuit on Tuesday.
The attorneys are asking the court to release those who are the most vulnerable and force the county to protect inmates from COVID-19, including with mass testing.
The suit claims Maricopa County and Sheriff Paul Penzone have not instituted “the most basic safeguards for incarcerated persons and staff.”
“The COVID-19 pandemic has taken hold at Maricopa County’s five jails, and
the virus is spreading rapidly,” the attorneys wrote. “In just two weeks, the number of positive COVID-19 cases has skyrocketed from six to 313 — an exponential increase of more than 5,000 percent.”
As of Friday, there were 356 positive COVID-19 cases among inmates in the jails and 118 pending test results. The county reported 1,306 inmates had been tested. The current jail population is 4,400.
The Maricopa County Sheriff ’s Office works with Correctional Health Services, the county’s health care provider, to care for inmates. The county did not immediately respond to a request for comment.
Who filed the lawsuit?
Puente Human Rights Movement and several attorneys, including the American Civil Liberties Union, filed the lawsuit on behalf of inmates who they claim are medically vulnerable to the new coronavirus.
Most of the inmates are awaiting trials. One of the inmates, Ramon Avenenti, tested positive for the virus and attorneys claim he did not receive adequate treatment.
According to the lawsuit, the inmates include:
Jason Fenty, 48: In custody at the Towers Jail on charges of false identification and forgery. He has stage 2 hypertension, adjustment disorder with anxiety, PTSD and chest pain.
Brian Stepter, 61: In custody at the Lower Buckeye Jail on charges of drug possession. He has chronic respiratory problems that make it hard for him to breathe and require oxygen treatments to clear his lungs. He also takes blood pressure medication.
Douglas Crough, 55: In custody at the Lower Buckeye Jail on charges of drug possession. He has a heart condition, chronic obstructive pulmonary disease, hepatitis and chest pain due to stable angina.
Edward Reason, 62: In custody at the Saguaro Jail after he pleaded guilty to a probation violation. He has severe asthma.
Jesus Tequida, 64: In custody at the Lower Buckeye Jail on drug possession charges. He has high blood pressure, kidney failure, cardiomyopathy, cardiomegaly, heart failure, hepatitis and liver and prostate problems.
Ramon Avenenti, 42: In custody at the Fourth Avenue Jail awaiting sentencing for drug possession after accepting a plea agreement. He tested positive for COVID-19 this month.
Anthony Scroggins, 44: In custody at the Fourth Avenue Jail on charges of
iiiiiiiresisting arrest, aggravated assault and unlawful flight. He has asthma, schizophrenia and other health problems.
Dale Perez, 36: In custody at the Towers Jail on charges of drug possession, assault and operating a vehicle under the influence.
Tamara Ochoa, 27: In custody at the Estrella Jail on charges of drug possession and identity theft.
According to the lawsuit, the inmates would self-quarantine at home and practice social distancing if they were released.
iiSuit calls jails a ‘breeding ground’
The lawsuit calls Maricopa County jails a “breeding ground” for the illness because of shared areas and close quarters that prevent social distancing, poor ventilation, inadequate access to proper hygiene supplies, insufficient cleaning and substandard medical care.
“Neither the Sheriff nor the County has adequately supervised jail staff to ensure compliance with public health guidance to address the risk of COVID-19 transmission, or even with this inadequate policy,” the lawsuit states.
Correctional Health Services is looking into mass testing and other options after cases spiked last week. The ACLU sent a letter earlier this month demanding mass testing and referencing other jails across the country that saw cases increase after putting the procedure in place.
A federal judge ordered Cook County Jail in Illinois to do mass testing after it had a spike in cases, the Chicago SunTimes reported in April.
The lawsuit accuses Maricopa County of violating inmates’ constitutional rights and the Americans With Disabilities Act.
The attorneys claim a large number of people are housed in pods. The lawsuit states two or three bunk beds are stacked less than 6 feet apart.
45 inmates to each pod at the Towers Jail.
40 inmates to each pod at the Fourth Avenue and Lower Buckeye jails.
99 female inmates in each open dorm at the Estrella Jail.
“Although the Maricopa County jails may be below capacity, incarcerated
persons are sleeping in units that are nearly full, and staff make no effort to order bed
assignments that maximize or increase spacing,” the attorneys wrote in the lawsuit.
The attorneys claim the jails do not stagger meal times, which has led to inmates standing close to each other in lines or sitting at crowded tables. They claim the same staff who give out meals at the Lower Buckeye Jail travel from pod to pod.
Fields Moseley, the county’s spokesman, told The Arizona Republic last week that Correctional Health Services is updating its pandemic procedures.
“Correctional Health Services is getting advice from the Department of Public Health on how they might house people differently, restrict movements, and reduce contact beyond what they have already put in place,” Moseley told The Republic.
According to the lawsuit, inmates are not receiving proper education about the virus.
The Sheriff ’s Office told The Republic there are Centers for Disease Control and Prevention advisories about COVID-19 posted in each housing area and electronically on inmates’ tablets.
iii