Stamford Advocate

‘UNSAFE AND UNACCEPTAB­LE’

Inmates sue over COVID conditions in Conn. prisons

- By Lisa Backus

At least five inmates filed lawsuits against Gov. Ned Lamont and state Department of Correction officials in June, seeking $500,000 in damages after contractin­g COVID-19 during the omicron surge this winter that nearly doubled the cumulative number of coronaviru­s cases in Connecticu­t prisons, court documents show.

The inmates, all housed at the Willard-Cybulski Correction­al Institutio­n in Enfield, claim they contracted COVID-19 in late December and early January because the warden and staff weren’t taking proper precaution­s to limit the spread of the disease, according to court documents.

The men said they suffered a severe cough, shortness of breath and lingering effects, including a cough that continued for months, lack of energy and in some cases post traumatic stress since they feared they would die in prison, court documents stated.

Their complaints included no ability to social distance, infected inmates being placed in their housing units, no partitions in the eating area and no enforcemen­t of COVID protection­s.

“Willard Correction­al Institutio­n as currently operated is unable to comply with public health guidelines to prevent new outbreaks and has discourage­d inmates from wearing their masks,” the 25-page lawsuits said.

Each lawsuit is identical except for the name of the inmate and the date they contracted COVID-19. They are all seeking $500,000 in damages.

A spokespers­on for Attorney General William Tong’s office, which is representi­ng state officials in the lawsuits, declined comment.

It’s a problem that advocates from the Katal Center for Equity, Health and Justice said could be solved with decarcerat­ion and a comprehens­ive plan to deal with COVID and future pandemics.

But so far their pleas for better protection­s, including fewer inmates, have been ignored, the organizati­on said.

“Gov. Lamont and lawmakers have thus far failed to develop a comprehens­ive and transparen­t COVID-19 plan in the DOC, exacerbati­ng the pandemic crisis within the prisons and jails in Connecticu­t,” the Katal Center said in a news release issued July 8 after the 30th inmate died from COVID-19-related complicati­ons.

“As this latest death shows, Lamont has done little if anything to improve the response to COVID in state jails and prisons,” the center said in the release. “We can — and must — do better.”

The DOC is doing its best to mitigate the spread of the disease, agency spokespers­on Ashley Turner said.

“With the growing cases of COVID-19, the Department of Correction remains attentive to the impact on our staff and those in our custody,” Turner said. “We rely on the strength of our health services staff, who continue to collaborat­e with the Department of Public Health and monitor current CDC (Centers for Disease Control and Prevention) guidance for the health and safety of every person.”

The agency has developed a “rigorous and consistent” testing protocol, which is increased when cases in the community rise, Turner said.

“Our protocols detect individual­s who may be asymptomat­ic to enhance monitoring and prevent further transmissi­on,” said Turner, who contends the positivity, hospitaliz­ation and death rates for the prisons are far below community levels.

The most recent COVID-19-related inmate death was a 63-year-old man who was terminally ill when he came into the prison system in February, DOC officials said. He was being held on a technical parole violation — the type of charge that could be addressed in the community, Katal Center Director of Organizing Kenyatta Muzzani said.

“His incarcerat­ion became a death sentence,” Muzzani said.

As of Nov. 26, 5,565 inmates had tested positive for COVID-19 since the start of the pandemic, according to figures posted on the DOC website. As of July 1, that number jumped to 9,115 — a 63 percent increase in seven months. The bulk of the new cases occurred between December and February as the omicron strain impacted the state and the nation.

At the same time, the number of inmates has increased steadily to more than 10,000 since the prison population reached a 30year low of less than 9,000 during the earlier months of the pandemic as fewer people were being held on bond.

“The people who are in the DOC have a heightened risk of catching COVID, becoming seriously ill and of dying,” said Claudia Cupe, a member of the Katal Center who has two loved ones who are incarcerat­ed. “They don’t deserve all of that.”

Like the inmates who filed the lawsuits, Cupe said the people she knows who are incarcerat­ed are concerned about the lack of social distancing and personal protective gear.

The Katal Center sought amendments to a bill that was before the legislatur­e in the 2022 session that would have created a panel to determine which inmates would qualify for medical or compassion­ate release during an emergency declaratio­n. But the amendments were not included and the proposed legislatio­n did not make it to a vote on the House or Senate floors.

“I have two loved ones who are in two different facilities and they both are complainin­g about the same things,” Cupe said. “Mixing people who tested positive with people who are negative is unsafe and unacceptab­le.”

 ?? Dan Haar / Hearst Connecticu­t Media file photo ?? More than 50 cars gathered in front of the governor’s Executive Residence in Hartford early in the COVID pandemic to call on more inmates to be released from Connecticu­t prisons. At least five inmates filed lawsuits against Gov. Ned Lamont and state Department of Correction officials in June, seeking $500,000 in damages after contractin­g COVID-19, court documents show.
Dan Haar / Hearst Connecticu­t Media file photo More than 50 cars gathered in front of the governor’s Executive Residence in Hartford early in the COVID pandemic to call on more inmates to be released from Connecticu­t prisons. At least five inmates filed lawsuits against Gov. Ned Lamont and state Department of Correction officials in June, seeking $500,000 in damages after contractin­g COVID-19, court documents show.

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