Release Medically-Vulnerable Inmates From Elkton Prison: Judge

ELKTON, OH — A federal judge has ruled all medically-vulnerable inmates at Elkton Federal Correctional Institute must be released or transferred to another prison. At least six inmates have died at the prison due to complications from the new coronavirus.

Judge James Gwin of the U.S. District Court of Northern Ohio granted a preliminary injunction on Wednesday. The decision orders Elkton prison officials to identify, within one day, all medically-vulnerable inmates. Within two weeks, prisoners must then be evaluated for transfer out of Elkton by any means, including compassionate release, transfer furlough, parole, or a non-transfer furlough. Before being shipped out of Elkton, prisoners must be quarantined for two weeks.

Gwin cited the ability of asymptomatic people to transfer COVID-19 and the inability of prisons to provide social distancing measures as the reasoning for his decision. Despite preventive measures, Gwin wrote, Elkton staff are fighting a "losing battle."

According to Gwin's decision, there may be as many as 59 inmates who have tested positive for COVID-19, and up to 46 staffers who may have tested positive for the virus. Despite the spread of the virus, Elkton has received only 50 COVID-19 swab tests and one Abbott Rapid testing machine, according to court documents.

“People living in prison have Constitutional rights, too. This order will help ensure the well-being of prisoners, staff, and the surrounding community, while preserving our Constitutional obligations,” added Joseph W. Mead, cooperating attorney for the ACLU of Ohio, who filed the lawsuit asking for the prisoners' release.

Gwin ruled that older prisoners with heart, pulmonary, diabetes or immunity risks should receive a priority review. His decision says those inmates cannot be transferred back to Elkton until the threat of the virus is gone or a vaccine for COVID-19 is available.

“Countless lives will be saved as a result of this order. Even since we filed our class action the death toll at Elkton has doubled. Judge Gwin was absolutely correct in recognizing the dire situation at Elkton and we are eager to assist and facilitate the release of the members of the medically vulnerable class,” said David Carey, senior staff attorney for the ACLU of Ohio.

Gwin's full decision was shared online by the ACLU of Ohio.