Pittsburgh Post-Gazette

Federal order settles most virus issues at county jail

- By Torsten Ove Torsten Ove: tove@post-gazette.com

A federal judge has approved a consent order that settles most issues raised in a lawsuit brought by prison advocacy groups over how the Allegheny County Jail is handling the coronaviru­s.

Under the order, signed by U.S. District Judge Cathy Bissoon on Wednesday, the jail has to house newly admitted inmates separately from the rest of the population for two weeks, house medically vulnerable inmates in single cells and require all staff wear masks.

Administra­tors also will be required to send the plaintiffs’ lawyers weekly reports that include jail population statistics, updates on grievances and invoices for purchases of protective equipment.

The ruling doesn’t allow for the release of more inmates, and lawyers indicated they would continue to seek release on a case-by-case basis.

The order resolves a preliminar­y injunction request filed last month by the Abolitioni­st Law Center, the Pennsylvan­ia Institutio­nal Law Project, the American Civil Liberties Union and the law firm Dechert LLP on behalf of three inmates seeking changes at the jail to protect them from the virus.

“We are pleased that Allegheny County has taken these important steps to protect people at the jail,” said Sara Rose, senior staff attorney at the ACLU of Pennsylvan­ia, in a statement. “We hope that these measures will prevent the spread of COVID-19 in the jail while also treating people humanely.”

Plaintiffs Michael Graham, Alexus Diggs and Heather Connolly say they suffer from various health problems, including hepatitis, asthma and hypertensi­on, and are at greater risk for virus complicati­ons.

The advocacy groups filed the lawsuit following reports that, despite a population drop at the jail, officials had not taken advantage of the extra space to provide more separation for inmates and instead consolidat­ed housing units. Since then, the groups said, the jail has opened two more housing units.

Since mid-March, 28 people held at the jail have tested positive for the virus out of 67 tested. The county jail board voted 5-3 on May 7 against testing all inmates.

The Pennsylvan­ia Institutio­nal Law Project said prisons and jails nationwide have been testing all inmates, and Allegheny County should also.

While the consent order resolves the preliminar­y injunction, the lawsuit continues on other requests, such as an order to reduce the jail population further.

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