Monday, June 8, 2020

From the Texas Tribune: Appeals court tosses order that required face masks, hand sanitizer for inmates at geriatric Texas prison

For 2306 primarily, but the concepts apply to 2305 as well. A great example of federalism in the courts.

- Click here for the article.

The U.S 5th Circuit Court of Appeals tossed a lower court’s temporary ruling Friday that ordered Texas officials to enact a slew of policy changes at a geriatric prison, including providing inmates hand sanitizer and cloth face masks to slow the spread of coronavirus. The appeals judges noted that many of the district judge’s orders had already been met by the Texas Department of Criminal Justice.

The lawsuit claimed inmates were not adequately protected from the coronavirus at the Pack Unit near Navasota, where 166 inmates actively had the coronavirus on Thursday, according to data from TDCJ. At least five have died from the virus, a state’s attorney said during a hearing in front of the appeals court judges last week.

Judge Eugene Davis said he “reluctantly” concurred with Friday’s ruling since conditions at the prison have changed since the lawsuit was filed in March. But he emphasized the inability to practice social distancing in a prison.

“Holding these elderly, ill inmates jammed together in their dormitories, unable to socially distance as the virus continues to rapidly spread, is nothing short of a human tragedy,” Davis wrote.

Key terms: 
- federalism
- judicial  federalism
- 5th Circuit Court of Appeals
- appeals judge
- district judge orders
- TDCJ
- lawsuit
- state's attorney
- concurred
- cruel and unusual punishment
- attorney general
- CDC
- trial
- permanent injunction