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ACLU-MN to file lawsuit against Department of Corrections

The suit alleges that the DOC failed to put safety measures in place that would stop or slow the spread of COVID-19 in prisons.
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The American Civil Liberties Union of Minnesota (ACLU-MN) is set to file a lawsuit against the the Minnesota Department of Corrections (DOC), alleging that people in their custody are not being sufficiently protected from COVID-19.

ACLU-MN documents allege that the DOC failed to put safety measures in place that would stop or slow the spread of COVID-19 in prisons.

ACLU-MN said the DOC has "violated its legal obligation to protect the people in its custody from COVID-19, including denying medical release to people with conditions that put them at grave risk."

 ACLU-MN alleges the following:

  • An almost complete absence of social distancing throughout the prison system. 
  • Staff not wearing masks and mocking those who did. 
  • Staff denying testing to someone with Lyme disease who had a 103.7 fever and other symptoms. 
  • Confining people who aren’t sick with those who have tested positive for COVID or show symptoms. 
  • People being denied COVID-testing, or access to a doctor while showing symptoms. 
  • Ventilation being connected room to room, recirculating air. 
  • Hand sanitation stations being located outside of people’s reach, and frequently empty of sanitizer; and communal showers lacking cleaning supplies. 

The DOC released the following statement when contacted for comment:

The Minnesota Department of Corrections learned of the lawsuit after being contacted by the local media. We have since located the lawsuit on the ACLU website, as it appears the suit has not yet been filed. Agency staff have initiated review of the document.

“We acknowledge the health risks presented by COVID-19, and we take seriously our responsibility to provide individuals sentenced to prison an environment that is as safe as reasonably possible under these difficult circumstances,” said Minnesota Department of Corrections Commissioner Paul Schnell.

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