The Washington Supreme Court will hear oral arguments this Thursday morning in a lawsuit on behalf of people who are currently incarcerated in Washington State relating to the COVID-19 pandemic.

The Petitioners have asked the Court to order Governor Jay Inslee and the Secretary of the Department of Corrections (DOC) (collectively, Respondents) to take immediate steps to mitigate the spread of COVID-19 in state prisons. Public health and corrections experts agree that in congregate settings such as prisons, depopulation is critical to allow for social distancing and, therefore, to mitigate spread. The lawsuit urges the release of groups most vulnerable to serious illness and death if they become ill – pregnant women, people with underlying medical issues, those over 50 – and people within 18 months of release.

In response to an earlier emergency motion by Petitioners when the first outbreak was reported at a DOC facility (Monroe Correctional Complex), the Court has already ordered the Governor and DOC to provide it with a written report of all steps the Governor and the Department of Corrections (DOC) are taking, and plan to take, to protect prisoners’ health and safety as well as “their emergency plan for implementation.”

While the Governor has ordered some limited releases, these are insufficient to achieve the level of reduced population necessary, based on public health evidence. Petitioners have requested appointment of a Special Master or court monitor to oversee the State’s compliance with its constitutional duty to protect people in its custody. Multiple “friend of court” briefs were filed by groups supporting Petitioners or Respondents.

This case is historic as the first case to be argued before the Washington Supreme Court via video conference, to comply with the state emergency orders regarding safety during the pandemic.

WHAT: Oral Argument Concerning State’s Duty to Protect Health of People in Prison from COVID-19

WHEN: 9:00 a.m., Thursday, April 23, 2020

WHERE: Temple of Justice – Online

LIVE STREAMING: TVW – https://www.tvw.org/watch/?clientID=9375922947&eventID=2020041052&autoStartStream=true

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Media Contact

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