Writing that "these are not ordinary times," a federal judge has rejected Connecticut's motion to dismiss a class action lawsuit from the ACLU of Connecticut, which seeks to release all inmates 50 years and older during the COVID-19 pandemic.

Judge Janet Bond Arterton allowed the lawsuit to proceed.

"The court appreciates that the Connecticut Department of Correction grievance procedure is available and capable of offering relief in ordinary times," Bond Arterton wrote in a 26-page ruling. However, these are not ordinary times. The Connecticut DOC grievance procedure, which lacks an emergency review process, was not set up with a pandemic in mind. … The imminent health threat that COVID-19 creates has rendered DOC's administrative process inadequate to the task of handling plaintiffs' urgent complaints regarding their health."

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Click here to read the full ruling

The lead plaintiff in the April 20 class action, Tre McPherson, has symptoms of COVID-19, according to the lawsuit.

His lawsuit, McPherson v. Lamont, calls for the release of all inmates at least 50 years old, as that age group is more susceptible to contracting the virus.

There are four other inmates named as plaintiffs. Their medical conditions range from HIV and hepatitis to pre-diabetic.

The lawsuit also calls for the release of medically vulnerable inmates and for the state to implement a plan to release the remaining prisoners, if social distancing isn't possible.

"The conditions of confinement at DOC facilities across the state create a heightened and unreasonable risk of COVID-19 for any person confined at the jail and a substantial risk of severe illness or death for those who are older and/or medically vulnerable to COVID-19," the complaint alleges. "Plaintiffs bring this class action seeking immediate release of all individuals 50 and older and those with medical conditions that place them at heightened risk of severe illness or death from COVID-19."

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'Backwards and chaotic'

In addition to Gov. Ned Lamont, Rollin Cook, the Department of Correction commissioner, is named as a defendant.

David Bednarz, a spokesman for the governor, declined to comment Thursday. No one from the Department of Correction responded to a request for comment.

Representing the state is the Connecticut Attorney General's Office. Spokeswoman Elizabeth Benton declined to comment.

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

The lawsuit was one of several filed in Connecticut and in other states in support of the compassionate release of prisoners over COVID-19 concerns.

"I'm especially grateful for the court's incredibly quick and through consideration of these urgent matters," said Elana Bildner, staff attorney for the ACLU of Connecticut and an attorney on the case. "Eight weeks into a pandemic, and the DOC's response continues to be backwards and chaotic."

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