DENVER — The Colorado division of the American Civil Liberties Union (ACLU) on Thursday filed a class action lawsuit against Gov. Jared Polis and the Colorado Department of Corrections (CDOC) seeking an emergency order to protect medically vulnerable incarcerated people in the wake of the COVID-19 pandemic.
The lawsuit asks for an order that will, among other things, prioritize releasing people who are older, sick or are otherwise vulnerable to COVID-19, and who "pose no threat to public safety," ACLU of Colorado said.
The ACLU lawsuit comes one day after the Colorado Department of Public Health & Environment (CDPHE) released data that shows two of the largest COVID-19 outbreaks have been at Colorado prisons.
The Sterling Correctional Facility has had 539 inmates test positive for the novel coronavirus, as well as 22 staff members.
And the Van Cise-Simonet Detention Center in Denver has seen 164 inmates test positive for COVID-19, and another 101 are believed to have the virus. Three staff members have also tested positive.
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"Overcrowded prisons are proven hotbeds for transmission, with the two largest outbreaks in the state occurring behind bars," said ACLU of Colorado Legal Director Mark Silverstein. "Because the governor and the DOC are failing to protect incarcerated people, correctional staff and ultimately the public, the court must intervene immediately to save lives.”
A spokesperson for Polis' office said they do not comment on pending litigation, however Polis addressed the lawsuit in his Thursday news conference, saying his office would "vigorously defend" against anything that seeks to release "dangerous criminals" back into society.
"We're doing everything in our power to prevent outbreaks in our prisons...but the pandemic is no excuse to let criminals out," Polis said. "The prison inmates and guards are wearing masks...we're doing everything we can to make sure we're keeping folks safe."
The lawsuit alleges that Polis and DOC Executive Director Dean Williams are "well aware that — without action — many more medically vulnerable people will suffer serious illness or death."
"...Thousands of older and medically compromised people remain incarcerated inside small, unsanitary cells with no possibility of social distancing — and with unacceptable risk of serious illness and death," the ACLU said.
Polis said he was proud of the way CDOC has responded to the pandemic, highlighting efforts that include isolation plans when inmates test positive and separation protocols, as well as limits on inter-prison transfers and prisoner transfers within cell blocks.
But ACLU of Colorado Cooperating Attorney Anna Holland-Edward said the CDOC needs to reduce the population of its prisons to save lives.
"Their refusal to prioritize the safety of vulnerable people by releasing those who are not a public safety risk, and implement adequate protocols for others, essentially imposes a death sentence on many people in their custody," Holland-Edwards said.
"We are not willing to use this pandemic as an excuse for unrelated activities," Polis said at the news conference.
A CDOC spokesperson released the following statement regarding the lawsuit:
"While I cannot comment on specific ongoing litigation, I can advise that the [CDOC] is taking the COVID-19 pandemic extremely seriously and has been diligently working throughout this pandemic to protect employees and inmates from this insidious virus, while also balancing public safety needs."
Today’s lawsuit, Winston, et al. v. Polis, et al., was filed in Denver District Court. The named Plaintiffs are Gary Winston, John Peckham, Matthew Aldaz, William Stevenson and Dean Carbajal. The legal team includes ACLU staff attorneys; cooperating attorneys Holland, Holland-Edwards and Grossman, P.C., Killmer, Lane & Newman, LLP, Maxted Law, LLC, and Finger Law, P.C.; and co-counsel the Civil Rights Clinic at the University of Denver School of Law.
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