Continued incarceration during pandemic most likely unconstitutional

WRAL.com NC . . .  A North Carolina Superior Court judge ruled that a coalition of civil rights groups are likely to win their claim that the incarceration of state prisoners during the COVID-19 pandemic is unconstitutional.

The ACLU of North Carolina, Disability Rights North Carolina, Emancipate NC, Forward Justice, and the National Juvenile Justice Network filed the lawsuit in April against Gov. Roy Cooper and the North Carolina Department of Public Safety Secretary Erik Hooks on behalf of three prisoners, a prisoner’s spouse, the NC NAACP, Disability Rights North Carolina and the ACLU of North Carolina.

The plaintiffs claim the state is failing to protect prisoners from COVID-19 outbreaks.

On Monday, the judge ruled the plaintiffs were likely to win their claim and ordered all parties to reconvene later this month to make a plan to keep prisoners safe.

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    • #73307 Reply
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      David V C

      This is probably going to be a hard judgement.
      How do you safely separate thousands of inmates while at the same time rendering the judgement due by the courts?
      I doubt there will be a simple answer without pending unconstitutional restraint or isolation.

    • #73331 Reply
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      Tim in WI

      Sadly most people likely think ” too bad” you did the crime.
      But when you trade all your liberty for safety sake, not much gets done.
      Covid- as an epidemic may not resolve until after this case.
      The lockdown has been immediately followed by mass gatherings. An interesting dichotomy in the mind frame of the people, is it not? This fact implicates schizophrenic nature of living in modern American society.

      IMO, this is when we must finally determine whether we are the land of the free and home of the brave Or the land of the regulated and home of the coward.

    • #73470 Reply
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      Perry

      When The Pandemic Breaks out of The Prisons Nationwide-as I believe it will eventually-then it will be too late for ‘The Pharisees People’ that have been saying ‘Too Bad They Should Suffer’. Instead, they’ll be asking: ‘Why didn’t the Prisons separate or release a bunch of those people?’ Oh No: They should NEVER release the Sex Offenders. Let The Murderers, Drug Pushers, Aggravated Violent Robbers and anyone else they deem ‘Safe’ Out. THAT, is their Argument now for sure! I believe This Pandemic will go a lot further than most people realize, and remember, Fall is not too far away and there’s talk already of this Virus MUTATING, such that the Vaccines they’ll be using towards Year’s End, MAY NOT, be effective at all against the New Mutated Strain! So keep Masking-Up and Socially-Distancing Folks. This Ride is FAR from over!
      Done.

    • #73615 Reply
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      reflektion

      Are you really composting drug dealers to sex offenders, murderers, and violent robbers?

    • #73662 Reply
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      Perry

      You misinterpret my meaning. When I talk about how Society would rather see People who have committed crimes OTHER than Sex Offenses, they’d rather have them out among them, as opposed to Us with Sex Offenses. THAT…is their rationale And for that matter there really is NO Comparison anyway. Crime is Crime, regardless of what they are or who commits them. Society as a whole however; compartmentalizes crimes and rates Sex Offenses as the worst of the worst…even below that of Homicide. You can Thank Elected State and Federal Officials as well as The Media, for why things are so screwed up today as they are!
      Done.

    • #73859 Reply
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      Marie Shook

      Very sad to say that the government has not protected my son in FCI Elkton against Covid-19! 70% of the inmates in this institution has tested positive. There has been more that 10 inmates that have died and the local hospital will not admit them for medical care. There is no medical care there. They have been on lock down for more than 3 months with not hot meals or outside time. Because my son is a non-violent, no hands-on SO, he qualifies for no release for protection outside masks that were issued. There was no soap in the restrooms for 2 months. No disinfectant allowed. My son was very vigilant about wearing his mask and doing whatever he could to avoid Covid-19. He has now tested positive and removed from his unit. I have no idea where he is or even if it is true that he has it. I no longer have any contact with him. Did they place in a unit that he will have to defend himself against death? I have no answers. I am scared for him.
      I no longer feel for those who have produced underage sexual porn because lots of the “victims” have done it to themselves. My son did not deserve 7 years for looking at pictures. I would have thought that a couple years would have been enough scare tactic. Our justice system has taken a good, honest, kind person and turned him into something he wasn’t. He is now a hateful, prejudicial , angry, dishonest, lying man. I hate our government and what they have become!

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