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November 16, 2020

Justice Sotomayor dissents at length from SCOTUS refusal to reinstate order for Texas prison to implement COVID protections

As reported in this SCOTUSblog post, the "Supreme Court on Monday afternoon rejected a request from two inmates at high risk for complications from COVID-19 to reinstate an order by a federal district court that would require Texas prison officials to take basic safety precautions to combat the virus."  Justice Sotomayor issued a lengthy dissent from the ruling, which was joined by Justice Kagan, and here are parts from the start and end of this 11-page opinion:

I write again about the Wallace Pack Unit (Pack Unit), a geriatric prison in southeast Texas that has been ravaged by COVID–19.  See Valentine v. Collier, 590 U.S. ___ (2020) (statement respecting denial of application to vacate stay).  The Pack Unit is a “‘tinderbox’” for COVID–19, not only because it is a dormitory-style facility, “making social distancing in the living quarters impossible,” but also because the vast majority of its inmates are at least 65 years old, and many suffer from chronic health conditions and disabilities....

In July, the District Court held a weeks-long trial that revealed rampant failures by the prison to protect its inmates from COVID–19.  In September, the District Court entered a permanent injunction requiring prison officials to implement basic safety procedures.  The Fifth Circuit, however, stayed the injunction pending appeal.  Now, two inmates, Laddy Valentine and Richard King, ask this Court to vacate the stay.  Because they have met their burden to justify such relief, I would grant the application....

The people incarcerated in the Pack Unit are some of our most vulnerable citizens.  They face severe risks of serious illness and death from COVID–19, but are unable to take even the most basic precautions against the virus on their own. If the prison fails to enforce social distancing and mask wearing, perform regular testing, and take other essential steps, the inmates can do nothing but wait for the virus to take its toll.  Twenty lives have been lost already. I fear the stay will lead to further, needless suffering.

November 16, 2020 at 11:30 PM | Permalink


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