Judge denies motion questioning NC’s actions to keep state prisoners safe from virus
A judge has denied a request to force North Carolina to comply with a court order several groups say could help keep people in state prisons safe during the COVID-19 pandemic, including by releasing more prisoners early.
In a ruling released Friday, Wake County Superior Court Judge Vince Rozier found insufficient evidence to support stronger enforcement of his court order or to require the state to provide more information.
”The Court is concerned with the rights, health and wellbeing of all North Carolinians, and as such, has considered these allegations with solemnity,” he wrote. “Upon consideration of the record before this Court, specifically the verified and supported data, there is not enough evidence to support an enforcement or show cause order.”
In a June 18 order for a preliminary injunction, Rozier had found plaintiffs including the N.C. NAACP, Disability Rights North Carolina, and ACLU of North Carolina would likely succeed in proving the state’s actions had resulted in cruel and unusual punishment, which violates federal constitutional rights in the Eighth Amendment and a state law.
Rozier ordered the state to:
▪ Reopen the application process for programs willing to be early-release partners for incarcerated people.
▪ Test inmates before transferring them or placing them in isolation for 14 days. Isolation must not be executed with actions that would be deemed punitive or a means as punishment before the pandemic.
▪ Create a plan to test all inmates and identify disparities and weaknesses in prisons’ response to COVID-19.
Rozier also authorized state officials to identify new factors that could reduce some inmates’ sentences.
The June order came after the plaintiffs sued the state on April 20. The lawsuit contends Gov. Roy Cooper, Secretary of the N.C. Department of Public Safety Erik Hooks and others aren’t doing enough to protect North Carolina’s more than 31,000 people in state prisons from the coronavirus.
August hearing
On Aug. 28, Rozier heard arguments the state wasn’t complying with the June order, The News & Observer reported.
The plaintiffs argued state officials had failed to develop and share an effective plan to release more people from prison early. Officials have continued to isolate people who test positive for COVID-19 in punitive situations, such as solitary confinement, and are still transferring too many people, they argued.
They also said some prisons aren’t following health officials’ guidelines and that inmates who speak out face threats and punishment. They asked Rozier to appoint a special master with the authority to expand the criteria for prison release and make recommendations for releasing people to the court.
Meanwhile, an attorney for the state said officials have approached court orders in good faith and taken steps to reduce the prison population, even though it was “authorized” by the court and not ordered.
State officials have also worked to inform inmates being isolated due to COVID-19 that it is not punitive, and when possible, maintained their privileges, and are now moving prisoners in batches that let them be quarantined before or after a move, said Assistant Attorney General Orlando Rodriguez.
After the August hearing, Rozier said he needed time to review the evidence and planned to consider appointing a “special liaison.” However, a special liaison wasn’t mentioned in the order released Friday.
Leah Kang, a staff attorney for the ACLU of North Carolina, noted in an email that while the judge didn’t appoint a special master, he did show concern for the rights of people in prison and “made clear the importance of accurate reporting to the court.”
“We will continue to monitor the state’s compliance with the court’s orders and its court-ordered reporting,” Kang wrote, “and we will continue to fight for the safety of incarcerated people in the state during this pandemic as we push forward in the case.”
This story was originally published September 11, 2020 at 4:37 PM.
