Judge: Minnesota Inmates Can Sue State Over COVID Concerns
MINNEAPOLIS (WCCO) -- A Ramsey County judge ruled Wednesday that a lawsuit filed by the American Civil Liberties Union of Minnesota (ACLU-MN) can proceed against the Minnesota Department of Corrections (MNDOC) over its handling of the COVID-19 pandemic.
Judge Sara Grewing ruled that all MNDOC inmates could be included in a class-action suit, and that Gov. Tim Walz and Minnesota Department of Health Commissioner Jan Malcolm can be added as defendants.
ACLU-MN alleges that just one-fifth of Minnesota's approximately 7,600 inmates have been fully vaccinated. Grewing will later decide whether or not MNDOC's inmate vaccination effort violated state law.
"At this point in the fight against COVID-19, it is universally accepted that people working and living together are at exponentially heightened risk for contracting COVID-19," Judge Grewing said.
MNDOC Commissioner Paul Schnell pledges that all inmates will be vaccinated by April 9.
DOC spokesperson Nick Kimball released a statement saying the use of CMR was a "temporary strategy" during a time where there was no vaccine or treatment available for COVID-19.
"Today, given the availability of effective vaccines and therapeutic medications, the commissioner can no longer statutorily justify continued release," Kimball said. "Though we understand the varied and unique challenges that those being returned to custody may face, it is important to note that each person approved for conditional medical release was aware that they could be returned to custody if there was a change in the circumstances or conditions upon which their release was granted. While we believe ordering the return of 18 people to secure custody to serve out the required two-thirds of their court-imposed sentence comports with Minnesota law, the Department of Corrections respects the rights of people to bring matters such as this before the court."
