Arkansas Democrat-Gazette

Justices let moving-inmates order stand

Not relocating at-risk prisoners at Ohio lockup imperils staff, others, judge says

- ROBERT BARNES

WASHINGTON — The Supreme Court on Tuesday refused a Trump administra­tion’s request to shelve a judge’s order that hundreds of at-risk inmates at a federal prison in Ohio be expeditiou­sly moved because of an outbreak of the coronaviru­s.

The court left open the door for the administra­tion to try again “if circumstan­ces warrant.” It said a new filing could be appropriat­e later, after the case proceeded through lower courts.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the administra­tion’s request now.

Courts across the country are seeing a rising number of lawsuits involving the covid-19 risk to prisoners, but the Trump administra­tion had asked the Supreme Court to stop an order from a federal judge in Ohio regarding an outbreak at one of the worst hit, the Elkton Federal Correction­al Institutio­n.

One in four inmates tested were positive for the virus, and nine inmates have died. Based on a directive from U.S. District Judge James Gwin, prison officials identified 837 prisoners who were particular­ly vulnerable because of their age or underlying medical conditions.

The low-security prison houses inmates in dormitory-like settings, which lawyers said makes an outbreak of the virus more likely to spread to inmates and correction­s workers.

“There is a continued risk of harm to others, including prison staff, if inmates remain in the prison and the virus continues to thrive among the dense inmate population,” Gwin wrote last month.

A panel of the U.S. Court of Appeals for the 6th Circuit refused to put Gwin’s order on hold, and the government went to the Supreme Court.

In a short order, the Supreme Court said the Department of Justice was appealing only Gwin’s original order, not the amended one he issued after he said correction­s officials were dragging their feet.

In asking the Supreme Court to step in now, Solicitor General Noel Francisco said the lower court had gone too far.

“A judicial order peremptori­ly requiring the removal of over 800 inmates from a federal prison based on an alleged Eighth Amendment violation — in the midst of a pandemic — presents extraordin­arily significan­t questions and should not be imposed without this court’s review,” Francisco wrote.

He added: “This extraordin­ary pandemic poses risks to those inmates, but it also poses risks to the population as a whole.”

The American Civil Liberties Union, representi­ng the inmates who initiated the lawsuit, said prison officials have lost control of the situation.

“People have a constituti­onal right to health, safety, and dignity while incarcerat­ed — something that Elkton has proven it cannot provide right now,” ACLU legal director David Cole said in a statement. “Around the country, courts have been slow to step in and take responsibi­lity to protect the tens of thousands of incarcerat­ed people.”

The Bureau of Prisons reported on its website Tuesday that 1,577 federal inmates and 181 staff members have confirmed positive test results for covid-19 nationwide. Additional­ly, 3,180 inmates and 413 staff members have recovered. There have been 64 federal inmate deaths.

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