Death row inmates at a Livingston-area prison sued the state's prison system after drastic health and safety conditions put them at great risk of contracting the new coronavirus. 

The Texas Innocence Network filed a lawsuit on behalf of the 208 death-sentenced prisoners. They claimed the prisoners were refused access to basic necessities-including soap, towels, hand sanitizers, and masks. 

Attorneys say the state's criminal justice department violated guaranteed rights against cruel and unusual punishments by denying inmates much-needed hygiene products at the Allan B. Polunsky Unit. 

They also claim the department's leaders violated the prisoners' rights to access to legal counsel as well as accommodations for people with disabilities. The rights are under the First, Eighth, and 14th Amendments. It also includes the Americans with Disabilities Act and the Rehabilitation Act of 1973.  

Health Threat

David R. Dow, one of the attorneys, said the conditions inside the prison unit poses a grave threat to the health and security of the prisoners. Most of them have pre-existing medical conditions, making them extremely vulnerable to the virus.  

COVID-19 spreads through bodily fluids from coughs and sneezes. Without personal cleaning products, prisoners who are infected can easily spread the virus to fellow inmates, staff, and other individuals in the surrounding communities.  

Dow suggests immediate action should be taken to improve conditions within the corrections facility and prevent a devastating outbreak. 

Access Denied

According to the inmates, the correction officers in the Polunsky Unit do not wear face masks or clean gloves as advised by federal health agencies. Commonly used areas and items such as phone booths, phones, doorknobs, and handcuffs are not regularly sanitized. The prisoners are also denied regular baths. 

While there are signages about the virus posted inside the prison, people with vision problems and reading or intellectual disabilities face difficulties. The system has also imposed an "arbitrary limit" over the inmates' mode of communication. The limits make it harder for them to consult with legal counsel. 

The lawsuit said refusing to conduct a swift intervention, people inside the prison facility will face an immediate and devastating outbreak of COVID-19. Many high-risk inmates could also suffer from severe and possibly life-threatening health complications brought about by the virus. 

Remedies

The inmates laid out several solutions to address their health and safety concerns. They requested fewer restrictions on calls to attorneys, regular cleaning routines in the unit, and improved coronavirus signages. They also asked for access to personal hygiene products and access to regular showers. 

The lawsuit closely followed former litigation by older inmates at the Wallace Pack Unit. The prisoners were granted unrestricted access to antibacterial hand soap, hand sanitizers, and bleach-based cleaning supplies, among others. They were also successful in asking for increased social distancing measures inside the state prison located northwest of Houston. 

There are no recorded coronavirus cases at the Polunsky unit that involved inmates. However, three employers were reported to be carriers. The Texas Department of Criminal Justice placed the entire unit on a precautionary lockdown to curb the spread of the virus. 

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