This evening the Washington State Supreme Court unanimously granted the Petitioners’ motion for emergency relief and required the State to explain how it is handling the COVID-19 crisis in Washington’s prisons no later than noon on Monday, April 13. In addition, the Justices are requiring the State to provide an additional report to the Court no later than Friday, April 17.

In its ruling, the Court stressed that the Department of Corrections must immediately take action to protect every person living in Washington’s prisons writing: “The Court directs the Governor and Secretary Sinclair to immediately exercise their authority to take all necessary steps to protect the health and safety of the named petitioners and all Department of Corrections inmates in response to the COVID-19 outbreak.” 

Three members of the Court would order the immediate release of the five Petitioners who filed this action on March 23, while the other six Justices have deferred the question on what additional steps the Court will require the State to undertake until after oral arguments in this case, currently scheduled for April 23 at 9:00 am.  

The following is a statement from Nick Allen, attorney for the petitioners and Deputy Director of Advocacy at Columbia Legal Services:

“Our clients and their families are extremely grateful that the Court has recognized the extreme urgency of this matter and that it appreciates the danger that COVID-19 presents to all people living in Washington’s prisons, especially considering that the Department of Corrections has shown a resistance to testing individuals who have been exposed to COVID-19 but are asymptomatic.

“We look forward to hearing from the State as to how it will change its current practices and begin reducing the number of people in our prisons, which is the one public health action that all objective public health experts agree is essential in order to fight the coronavirus. As this case moves forward over the next two weeks, we will also be providing the Court with additional relevant information and argument in order to ensure that all people in the State’s custody receive the care they need and are protected from the COVID-19 virus.” 

Media Contacts

Nick Straley, CLS Attorney
206-287-8611, nick.straley@columbialegal.org

Charlie McAteer, CLS Communications Director
917-696-1321, charlie.mcateer@columbialegal.org