ACLU office in Washington, D.C. Photo: Diego M. Radzinschi/ALM

Saying Connecticut inmates' lives are in danger because of the COVID-19 pandemic, the  American Civil Liberties Union of Connecticut has filed a federal class action lawsuit on behalf of the 11,500 prisoners in state custody.

"It's so dangerous that everywhere else in Connecticut, but prisons, daily life has changed completely to reflect how easily this pathogen spreads," said Dan Barrett, ACLU of Connecticut legal director and an attorney on the case. "In prison, it's business as usual. That means there is no distancing, there Is no increased cleaning, and there is no additional medical care."

The lawsuit was filed early Tuesday in U.S. District Court for the District of Connecticut. It was filed on behalf of two classes of prisoners: those who are awaiting trial and those who have already been tried and convicted.

The lawsuit seeks declaratory and injunctive relief and calls for the release of all prisoners of at least 50 years of age who have medical conditions that place them at heightened risk of severe illness or death from COVID-19. Barrett said medical conditions that would put inmates at risk for COVID-19 include hypertension, diabetes, asthma, heart disease and chronic conditions such as cancer.

In addition, the lawsuit asks the court to order Gov. Ned Lamont and Department of Correction Commissioner Rollin Cook, the two defendants, to create a plan to protect the inmates who remain incarcerated, including a plan for release if social distancing remains unrealistic.

Representing defendants Lamont and Cook are attorneys from the Office of the Connecticut Attorney General. Elizabeth Benton, a spokeswoman for that office, declined to comment. Representatives from the governor's office and the Department of Correction also declined to comment.

The lawsuit states that "it is unconscionable that the defendants have not yet implemented CDC [U.S. Centers for Disease Control and Prevention] guidelines to maximize social distancing, increased hygiene, access to personal protective equipment and appropriate medical treatment for those infected."

The lawsuit is the second that the ACLU of Connecticut has filed this month.

The group filed a similar lawsuit in Superior Court on April 3. That suit called for the immediate release of six individuals who had either a medical condition, were near their release date, had low bonds, or were low-level offenders. The state suit was asking for social distancing and medical care for all prisoners. That suit is pending.

The federal lawsuit is more broad, and is a class action on behalf of every prisoner.

Joining the ACLU of Connecticut in the federal lawsuit are Brandon Buskey from the national ACLU's Criminal Law Reform Project; and Dechert attorneys Will Sachse, Jonathan Tam, Jenna Newmark and Gabrielle Piper.

To date, Barrett said 292 state inmates and about 200 prison personnel have tested positive for the coronavirus. One prisoner has died.

Read more:

ACLU Calls for Release of Hundreds of Connecticut Inmates After Prisoner Dies of COVID-19