The first death in Allen Parish in relation to the coronavirus (COVID-19) was reported last week when a prisoner from the Oakdale Federal Correctional Complex died. As of Monday, April 6, five deaths had been recorded among inmates from the prison.
So prison populations are attempting to seperate prisoners as those with the virus, those who came into contact with the virus, etc. It appears that method is not working at the Oakdale facility, and as a result, the ACLU (American Civil Liberties Union ) filed suit against the Oakdale facility’s warden Rodney Myers and the Federal Bureau of Prisons Director Michael Carvajal.
In the introduction of the lawsuit, it states, “You are likely reading this petition from self-isolation in your home. Now imagine if someone sick with COVID-19 came into your home and sealed the doors and windows behind them. That is what the Oakdale Federal Detention centers have just done to the over 1,800 human beings currently detained there, where a COVID-19 outbreak is rampant, social distancing is impossible and no one detained can leave.”
The lawsuit goes on to discuss the virus and how the nation is relating to it as well as Louisiana. “COVID 19 is currently running rampant in the state of Louisiana.” It details the numbers of cases and deaths and how it relates to the rest of the United States which was illustrated in a study done by the University of Louisiana at Lafayette.
The suit states the only way to “curb the pandemic” is through limiting contact, and that is why every American institution has been shut down.
“Yet prisons are fundamentally incapable of implementing these recommendations, and incarcerated people are already dying nationwide as a result.” The suit discusses prisoners lives and how daily people leave and enter the prison – correctional officers and medical staff – which allows for the spread of this virus.
The suit also highlights recent statements made by U.S. Attorney General William Barr’, in a memorandum to Director Carvajel, to recognize how the virus was affecting Oakdale and two other prison locations in the United States. He suggested they move vulnerable inmates out of the prison.
Barr said, “Given the speed with which this disease has spread through the general public, it is clear that time is of the essence.” He went on to say, “For all inmates whom you deem suitable candidates for home confinement, you are directed to immediately process them for transfer and then immediately transfer them following a 14-day quarantine at an appropriate BOP facility. It is vital that we not inadvertently contribute to the spread of COVID-19 by transferring inmates from our facilities.”
The ACLU lawsuit states that Barr did not define who would be considered a vulnerable inmate. It does ask the court to intervene and force the Oakdale prison to meet public health principles, release as many incarcerated persons as possible and improve sanitation, testing and treatment protocols for everyone. It states a significant reduction in population is needed.
“The case-by-case review that Attorney General Barr proposes – even if implemented now, which it has not been – is no match for exponential spread of the disease. Courts and executive branch officials elsewhere in the country have accepted this reality and begun broad-based categorical releases,” according to this petition. “If the court cannot grant immediate released on the basis of this petition, the petitioners would like a hearing to be scheduled as soon as possible.”
The petitioners in the case are mentioned in the lawsuit and documentation of how they are living inside the facility is given:
•Brandon Livas, 35, who is diabetic and has acute pancreatitis shares a dorm-style barrack with a bed that is less than three feet away from his nearest neighbor.
•Richard Joseph Buswell, 51, who is living with asthma, hypertension and sleep apnea, shares four sinks, six showers and eight filthy toilets, with 125 people.
•Johnny Smith, 49, who suffers from hypertension and a thyroid condition.
•Carlos Lorenzo Martin, 35, who has compromised lungs due to childhood asthma. He is housed with 72 prisoners in bunks arranged in rows.
•Dewayne Corbett, 58, is in chronic care with a respiratory disorder.
•Gaines Andrews, 39, suffers from asthma.
Part of suit discusses, “People in congregate environments, which are places where people live, eat, and sleep in close proximity, face increased danger of contracting COVID-19, as already evidenced by the rapid spread of the virus in cruise ships and nursing homes.” This makes it hard for prisoners to practice social distancing and hygiene in a prison situation.
At the end, the suit petitions the court to have the defendants release all prisoners who have medical issues.
As of Monday, there were 20 positive cases of the virus among inmates, not counting the fire who have died. Eighty-four inmates were quarantined in the five housing units, and 20 were hospitalized. Seven inmates were in ICU, and four were on ventilators. Twenty one members of the staff at the Oakdale location have tested positive for the virus. Approximately 17 are waiting on test results.
