BOP Guards' Unions Say Bosses Have "No Plan" to Fight COVID-19, File Suit Over Dangerous Working Conditions

 

Federal Prison System Now Sued By Its Own Employees for COVID-19 Negligence

 

by Derek Gilna

 

            There is no surer way for any institution to lose legitimacy than to deny responsibility for its own incompetence. If the federal prison system was a private corporation, it would have declared bankruptcy, faced liquidation, its employees fired, and its name taken off its buildings. And there is no more telling indictment of an institution's moral bankruptcy than when its own employees sue them for putting them in danger, accusing them of lack of leadership and direction.

            Has the staff seemed especially "radiant" these days? Perhaps it's because at certain institutions, employees reporting for work are bathed in high-dose ultra-violet  light, which some studies have shown causes cancer, and lawsuits have followed.

            Meanwhile,  COVID-19 cases inside both state and federal prisons rise another 10 percent in the past week. At least 86,639 prisoners across the country have now tested positive for the Coronavirus. Three out of four prisoners have tested positive for COVID-19 at FCI Seagoville, a federal prison near Dallas. Eighty percent are positive at Coleman women's facility. In facilities like FCI Florence, there are often no medical staff at night, or for pill line.

            A surge of cases at USP Marion alarms medically vulnerable prisoners and their families. FCI Allenwood, Lewisburg (35 positives) , and Waseca have seen increased cases. Carswell and Forrest City (Named for a former Confederate General) continue to be hard-hit.  No wonder that the number of virus-driven judicial releases to home confinement have continued across the country, while wardens continue to deny releases-and reality.  Yet, DOJ has approved a restart of prisoner transfers, despite the absence of adequate cleaning supplies everywhere.

            In the circuits, in US v Howard, 19-1005, (7th Cir. 8-3-20), the court in a SO case reversed and remanded a 2251(a) conviction: "the government's interpretation of 2251(a) stretches the statute beyond the natural reading of its terms." In US v Rivera-Berrios, 19-1467, (1st Cir. 8-3-20), the court reversed and remanded a 922(o)1 conviction where the judge abused his discretion in sentencing one year above the guideline range.

            In re Robert Gene Will, II,  17-20604, (5th Cir. 8-5-20) the COA approved the filing of a Third Successive 2255 that convincingly argued a Brady violation, "claiming that the prosecution unconstitutionally suppressed evidence under Brady and that he was actually innocent." SCOTUS refused to uphold "a preliminary injunction requiring the Orange County, California sheriff to implement certain safety measure to protect their inmates during the ..pandemic," arguing that it went beyond CDC guidelines. In US v. Hudson, 19-2075, we previously noted that the court appears to encourage FSA filings regarding the question of "covered offenses," something to seriously consider.

            In the face of inefficiency, ignorance, and incompetence, we must all rely on not only our own resources, but a higher power, putting aside fear in favor of positive action.

Let not your heart be troubled.

 

Federal Legal Center, Inc., Derek A. Gilna, JD, Director,

113 McHenry Rd.   #173, Buffalo Grove, Il   60089 (And Indiana)

dgilna1948@yahoo.com;   Blogging at "Derek Gilna's Criminal Justice Blog."