Judge Says DC Jail Inmates ‘Entitled to Injunctive Relief,’ Not Release

By D.C. Witness Staff - April 22, 2020
Court | Featured | Homicides |

With an emergency order issued on April 20, the next stage in a coronavirus case against the DC Department of Corrections’ (DC DOC) will decide whether the US Attorney’s Office for the District of Columbia should be added as a defendant as well. 

Four inmates, Edward Banks, D’Angelo Phillips, Eric Smith and Keon Jackson, from the DC DOC’s jail facilities filed a lawsuit against the department’s director and warden on March 30, claiming that the DC DOC willfully disregarded their health and safety during the COVID-19 pandemic. Jackson is no longer a part of the lawsuit because he was released. 

The DC DOC asked for the US Attorney Office for DC (USAO) to be added to the case while the prisoners and ACLU opposed the addition. On April 22, the USAO asked to provide more information to support the request for it to join the case.

The argument is about the split between the local and federal authority. The USAO argues that because this is happening in federal court, the federal US Attorney needs to be involved in any discussion of prisoner release. The prisoners argue that is irrelevant and these are new arguments that should not be allowed. 

The motions follow District Court Judge Colleen Kollar-Kotelly’s order, granting part of the plaintiffs’ temporary restraining order (TRO) requests against the DC jail.

Judge Kollar-Kotelly said that the plaintiffs had been able to show that irreparable harm would be caused if there was a delay and they were entitled to injunctive relief from the defendant, including:

• Expediting sick call requests and responses on non-quarantine units
• Better documentation on sick and urgent care calls
• Ensure cell restrictions are appropriately monitored, tracked, and corrective action is expedited 
• Appropriate monitoring of new inmates
• Consulting with public health professionals about strategies that can strengthen COVID-19-related education for both staff and inmates 
• Additional staff training on use of non-touch, infrared thermometers 
• Provide consistent and reliable access to legal calls, personal telephone calls, daily showers, and clean clothing and clean linens to all inmates in isolation
• Appropriate and consistent implementation of social distancing 
• Address limitations in current staffing levels and supervisory oversight 
• Provide enhanced education related to the importance of social distancing 
• Make sure staff is appropriately fitted and informed about personal protective equipment (PPE) 
• Reduce inmate congregation in close quarters in common spaces 
• Direct supervision by housing officers and mid-level managers

Judge Kollar-Kotelly denied several other requests including the release of inmates and the appointment of an expert to review downsizing the jail and its population. She ruled those measures were  not appropriate at this time.

A teleconference in the case on the plaintiffs motion for a preliminary injunction is scheduled for April 22. 

On April 23, the PDS and the ACLU on behalf of the inmates filed more information to support their case for why the USAO should not join with the DC DOC, reaffirming their position that the matter is local and not federal.