Wednesday, September 30, 2020

From the Texas Tribune: Federal court orders Texas prison system to provide hand sanitizer for some geriatric inmates during pandemic

More on federalism. The national government forcing the state government to comply with national rules.

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A federal judge ordered the Texas prison system on Tuesday to provide more protective measures against the coronavirus, like hand sanitizer for prisoners who use wheelchairs, at a prison for geriatric inmates.

After a weekslong trial that started in July, U.S. District Judge Keith Ellison ruled that Texas Department of Criminal Justice officials acted with deliberate indifference toward the inmates’ medical needs and recklessly disregarded obvious health risks during the pandemic.

“The Court acknowledges that [TDCJ officials] have taken a number of steps to address the spread of COVID-19 … at the Pack Unit,” Ellison wrote in his ruling. “But the Court views these measures as the most basic steps that TDCJ could have taken to prevent mass death within the prison walls on an unimaginable scale. Designing a policy and implementing some of the measures therein does not automatically satisfy Defendants’ constitutional obligations, especially in the face of an unprecedented public health crisis.”

Jeremy Desel, a TDCJ spokesperson, said the department continues to take precautions to slow and stop the spread of the virus inside prisons.