Justices let moving-inmates order stand
Not relocating at-risk prisoners at Ohio lockup imperils staff, others, judge says
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.