GREELEY, Colo. (AP) - The Weld County jail violated inmates’ constitutional rights in the way it handled the coronavirus, a judge ruled.
Judge Philip Brimmer found Monday that Sheriff Steve Reams failed to take adequate measures to protect inmates and that they are entitled to a limited preliminary injunction so the jail can “ameliorate those conditions,” the Greeley Tribune reported.
The American Civil Liberties Union had filed a lawsuit on behalf of several inmates who considered themselves to be in the high-risk category for COVID-19. The coronavirus first reached inside the jail in mid-March, court officials said.
For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia and death.
Reams has not instituted any specific precautions to protect medically vulnerable inmates, Brimmer concluded.
“Despite knowing of that elevated risk, (Reams) has not ordered the Jail’s medical staff to identify those inmates who are medically vulnerable to COVID-19. As a result, (Reams) is not aware of how many inmates within the Jail are medically vulnerable, and he doesn’t not know which inmates those are.”
Brimmer ordered Reams to take several steps, including instituting new policies inside the jail to curtail the spread of the coronavirus and compiling a list of medically vulnerable inmates currently held at the jail.
The lawsuit argued the jail violated the inmates’ Eighth Amendment right, prohibiting excessive bail, excessive fines and cruel and unusual punishment.
Reams argued against claims that the jail was mishandling the coronavirus, claiming several measures that had been put in place included screenings, visitor limitation and instituting a policy of family units where inmates spent time exclusively within their own small groups.
In a statement Tuesday, the sheriff’s office said it was compiling data about medically vulnerable inmates in the jail in response to the ruling.
“Once that process is complete, the sheriff will decide about future jail operations that take into consideration risks associated with the COVID-19 pandemic while also assuring the safety of Weld County residents,” it said.
ACLU of Colorado legal director Mark Silverstein said the ruling should serve as a warning to other sheriffs in the state that the Constitution requires them to take extraordinary measures to protect inmates who are especially vulnerable to the coronavirus.
“To meet these obligations, we urge sheriffs to work closely with judges, district attorneys and public defenders to keep jail populations down and avoid incarceration altogether for medically vulnerable people who do not pose a public safety risk,” he said.
In other developments:
- Rocky Mountain National Park is planning a phased reopening beginning May 27, the day after Gov. Jared Polis’ safer-at-home order is set to expire.
The park in northern Colorado will begin issuing wilderness camping permits, and shuttle buses will run along the Bear Lake Corridor at limited capacity. On June 4, two developed campgrounds will open, but only about half the sites will be available for reservations.
Meanwhile, the Colorado Tourism Office is discouraging vacations to the state in an effort to curb the spread of the coronavirus.
Rocky Mountain National is working with state and local officials to slowly reopen the park, which spans Larimer, Grand and Boulder counties.
The governor’s safer-at-home order encourages residents to recreate locally.
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