Court reverses COVID prison ruling

An appeals court has reversed a ruling that would have required a Houston-area geriatric prison to practice more protocols to prevent the spread of COVID-19.

A three-judge panel on the 5th U.S. Circuit Court of Appeals on Monday issued a mandate that reverses a district court’s ruling in favor of a group of people held in Navasota’s Wallace Pack Unit who alleged prison officials acted with intentional disregard for health and safety concerns during the pandemic. They claimed in the March 2020 lawsuit that Texas Department of Criminal Justice officials did not provide enough PPE, soap, hand sanitizer or regular testing.

Judges W. Eugene Davis, Carl E. Stewart and Andrew S. Oldham unanimously agreed the evidence failed to prove that the agency acted with deliberate indifference to the threat of the pandemic.

Jeff Edwards, an attorney representing the plaintiffs, said the legal team will appeal the decision.

The court acknowledged in its ruling the lawsuit brought against the agency likely motivated it to make necessary changes to its COVID-19 prevention efforts, noting some changes had been made during the 18-day trial in September.

“We are firmly convinced that this litigation…and the district court’s careful management and expedited handling of the case played a role in motivating the prison officials into action and saved countless lives,” the judges wrote.

During the district court tri

al in September, more than 497 people held in the prison had tested positive for COVID-19, a 40 percent infection rate. Of those infected, 20 died and 74 were hospitalized.

Many of those held in the prison are immunocompromised or more susceptible to falling ill with the virus, including elderly people with chronic health conditions and disabilities. More than 800 of the prisoners are over 65.

U.S. District Judge Keith P. Ellison previously ruled that TDJC officials lacked a systemic approach to preventing the spread of COVID-19 and failed to abide by public health guidance.

The judge cited a lack of written plans, mass testing occurring too late, the use of defective tests, guards failing to wear masks and inadequate cleaning, among other failures.

The appeals court disagreed, saying that corrections officials took steps swiftly as knowledge about the virus evolved and new information came from the Centers for Disease Control.

Ellison issued an injunction that would have required the prison to provide more PPE, hand sanitizer, cleaning products and written policies on prevention, among other orders. It was ruled unwarranted by the appeals court because the prison made changes.

The lower court agreed with the plaintiffs’ assertion that prison officials violated the Americans with Disabilities Act by not giving inmates in wheelchairs equal access to hand sanitizer and hand-washing stations.

The appeals court ruled that while those individuals may not have been able to easily access sinks, the evidence didn’t show that the limitation was apparent to TDJC and did not violate the act.

The plaintiff attorney, Edwards, said the lawsuit scared TDJC officials into making the prison safer during the pandemic.

“The agency cares more about litigation risk than human life,” he said.

Edwards said though the appeals court ruling is a blow, the lawsuit still made a difference and saved a significant number of lives.

“The inmates who had the courage to stand up and testify while they could potentially be subjected to retaliation made a significant difference,” he said.

“That’s the type of courage that not everyone possesses.”