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Supreme Court Refuses to Stop Order to Move Inmates From Virus-Ravaged Prison Supreme Court Refuses to Stop Order to Move Inmates From Virus-Ravaged Prison
(5 days later)
WASHINGTON — The Supreme Court on Tuesday refused a request from the Trump administration to block a trial judge’s ruling that had ordered federal prison officials to take steps to protect more than 800 older or medically vulnerable inmates at Elkton Federal Correctional Institution in Ohio, where nine prisoners have died from the coronavirus.WASHINGTON — The Supreme Court on Tuesday refused a request from the Trump administration to block a trial judge’s ruling that had ordered federal prison officials to take steps to protect more than 800 older or medically vulnerable inmates at Elkton Federal Correctional Institution in Ohio, where nine prisoners have died from the coronavirus.
The Supreme Court’s brief, unsigned order turned in part on a procedural issue, and the majority said it might revisit the issue “if circumstances warrant.” Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch said they would have granted the administration’s request for a stay.The Supreme Court’s brief, unsigned order turned in part on a procedural issue, and the majority said it might revisit the issue “if circumstances warrant.” Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch said they would have granted the administration’s request for a stay.
Four prisoners filed a class-action lawsuit last month saying that conditions at the prison violated the Eighth Amendment’s prohibition of cruel and unusual punishment. In a Supreme Court brief on their behalf, lawyers with the American Civil Liberties Union wrote that the prisoners were unable to take the most rudimentary efforts to protect themselves.Four prisoners filed a class-action lawsuit last month saying that conditions at the prison violated the Eighth Amendment’s prohibition of cruel and unusual punishment. In a Supreme Court brief on their behalf, lawyers with the American Civil Liberties Union wrote that the prisoners were unable to take the most rudimentary efforts to protect themselves.
“They are housed, cheek by jowl, in dormitory-style rooms of approximately 150 persons each,” the brief said. “Though well aware that social distancing is an indispensable means of protecting themselves, they are powerless to use it. The result has been a severe Covid-19 outbreak lasting months, causing the deaths — so far — of at least nine people and infecting hundreds more among prisoners and staff.”“They are housed, cheek by jowl, in dormitory-style rooms of approximately 150 persons each,” the brief said. “Though well aware that social distancing is an indispensable means of protecting themselves, they are powerless to use it. The result has been a severe Covid-19 outbreak lasting months, causing the deaths — so far — of at least nine people and infecting hundreds more among prisoners and staff.”
Elkton is a low-security prison that houses about 2,400 inmates. More than 800 of them are over 65 years old or have health conditions making them especially vulnerable to the coronavirus.Elkton is a low-security prison that houses about 2,400 inmates. More than 800 of them are over 65 years old or have health conditions making them especially vulnerable to the coronavirus.
In a series of rulings, Judge James S. Gwin of the Federal District Court in Cleveland ordered officials to remove the most vulnerable inmates from the prison through compassionate release, home confinement, parole or transfer to another facility.In a series of rulings, Judge James S. Gwin of the Federal District Court in Cleveland ordered officials to remove the most vulnerable inmates from the prison through compassionate release, home confinement, parole or transfer to another facility.
“It bears repeating,” Judge Gwin wrote on April 22, that the plaintiffs “are not asking the court to dump inmates out into the streets. No one’s interest would be served in doing so. The court is confident that the transfer of prisoners from Elkton to other means of confinement could accomplish the goal of protecting Elkton’s vulnerable population while also protecting public safety.”“It bears repeating,” Judge Gwin wrote on April 22, that the plaintiffs “are not asking the court to dump inmates out into the streets. No one’s interest would be served in doing so. The court is confident that the transfer of prisoners from Elkton to other means of confinement could accomplish the goal of protecting Elkton’s vulnerable population while also protecting public safety.”
Although testing has been limited, Judge Gwin wrote on May 19, “so far the data demonstrates that almost one in four inmates at Elkton has been infected — an unacceptable number.”Although testing has been limited, Judge Gwin wrote on May 19, “so far the data demonstrates that almost one in four inmates at Elkton has been infected — an unacceptable number.”
After an appeals court turned down the officials’ request for a stay, Solicitor General Noel J. Francisco asked the Supreme Court to intercede, saying that Judge Gwin’s first order threatened public safety and amounted to unwarranted judicial interference with prison administration.After an appeals court turned down the officials’ request for a stay, Solicitor General Noel J. Francisco asked the Supreme Court to intercede, saying that Judge Gwin’s first order threatened public safety and amounted to unwarranted judicial interference with prison administration.
The A.C.L.U. responded that the administration had not sought a stay of Judge Gwin’s May 19 order, a point the Supreme Court found significant. “Particularly in light of that procedural posture,” the majority wrote, “the court declines to stay the district court’s April 22 preliminary injunction without prejudice to the government seeking a new stay if circumstances warrant.”The A.C.L.U. responded that the administration had not sought a stay of Judge Gwin’s May 19 order, a point the Supreme Court found significant. “Particularly in light of that procedural posture,” the majority wrote, “the court declines to stay the district court’s April 22 preliminary injunction without prejudice to the government seeking a new stay if circumstances warrant.”
The A.C.L.U.’s brief said officials had not responded adequately to the crisis in the prison.The A.C.L.U.’s brief said officials had not responded adequately to the crisis in the prison.
“The government has demonstrated for months that it will not take the necessary action at Elkton to save the lives of its charges,” the group’s brief said. “As of today, despite the lack of mass testing, there are 128 confirmed and currently active cases of Covid-19 among Elkton prisoners, plus eight more among staff. The true number is likely far higher. Yet not a single prisoner, no matter how vulnerable, has been transferred out.”“The government has demonstrated for months that it will not take the necessary action at Elkton to save the lives of its charges,” the group’s brief said. “As of today, despite the lack of mass testing, there are 128 confirmed and currently active cases of Covid-19 among Elkton prisoners, plus eight more among staff. The true number is likely far higher. Yet not a single prisoner, no matter how vulnerable, has been transferred out.”
Updated May 28, 2020
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
More than 40 million people — the equivalent of 1 in 4 U.S. workers — have filed for unemployment benefits since the pandemic took hold. One in five who were working in February reported losing a job or being furloughed in March or the beginning of April, data from a Federal Reserve survey released on May 14 showed, and that pain was highly concentrated among low earners. Fully 39 percent of former workers living in a household earning $40,000 or less lost work, compared with 13 percent in those making more than $100,000, a Fed official said.
There is an uptick in people reporting symptoms of chilblains, which are painful red or purple lesions that typically appear in the winter on fingers or toes. The lesions are emerging as yet another symptom of infection with the new coronavirus. Chilblains are caused by inflammation in small blood vessels in reaction to cold or damp conditions, but they are usually common in the coldest winter months. Federal health officials do not include toe lesions in the list of coronavirus symptoms, but some dermatologists are pushing for a change, saying so-called Covid toe should be sufficient grounds for testing.
Yes, but make sure you keep six feet of distance between you and people who don’t live in your home. Even if you just hang out in a park, rather than go for a jog or a walk, getting some fresh air, and hopefully sunshine, is a good idea.
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Charity Navigator, which evaluates charities using a numbers-based system, has a running list of nonprofits working in communities affected by the outbreak. You can give blood through the American Red Cross, and World Central Kitchen has stepped in to distribute meals in major cities.
“People are continuing to die,” the brief said. “When this action was filed in mid-April, three Elkton prisoners had died. Three more died within the week. The toll reached nine on May 8. The government’s complaint of administrative inconvenience cannot outweigh the risk of severe illness and death to petitioners in prison.”“People are continuing to die,” the brief said. “When this action was filed in mid-April, three Elkton prisoners had died. Three more died within the week. The toll reached nine on May 8. The government’s complaint of administrative inconvenience cannot outweigh the risk of severe illness and death to petitioners in prison.”
In response, Mr. Francisco wrote that prison officials had been working hard to lower the risk of infection but that the prisoners were asking for too much.In response, Mr. Francisco wrote that prison officials had been working hard to lower the risk of infection but that the prisoners were asking for too much.
“Respondent’s position, if correct,” Mr. Francisco wrote, “would impose a constitutional six-feet-at-all-times rule that would require the release of inmates from low-security facilities even where prison officials have taken extensive efforts to mitigate the risk of spread, and even while most law-abiding citizens in today’s society cannot guarantee themselves such protections at all times.”“Respondent’s position, if correct,” Mr. Francisco wrote, “would impose a constitutional six-feet-at-all-times rule that would require the release of inmates from low-security facilities even where prison officials have taken extensive efforts to mitigate the risk of spread, and even while most law-abiding citizens in today’s society cannot guarantee themselves such protections at all times.”