Voltz-Loomis, et al. v. McMaster, et al.

  • Filed: 04/21/2020
  • Status: Filed
  • Court: United States District Court, District of South Carolina, Charleston Division
  • Latest Update: Apr 21, 2020
COVID-19 behind bars

On April 21, 2020, the American Civil Liberties Union of South Carolina and international law firm Arnold & Porter filed a federal lawsuit challenging South Carolina’s failure to protect incarcerated people from risks associated with a COVID-19 outbreak in custodial settings. Protection and Advocacy for People with Disabilities, Inc. (P&A) also joined the lawsuit as a plaintiff on behalf of incarcerated people with disabilities. Defendants named in the suit are Governor Henry McMaster, South Carolina Department of Corrections Director Bryan Stirling, and members of the South Carolina Board of Pardons and Paroles.

The suit seeks immediate relief for incarcerated people who are at particular risk of serious harm or death from COVID-19, including those who have serious underlying medical conditions, developmental disabilities or mental conditions or who are 50 years of age or older. Additionally, the suit seeks further reduction in the prison population through release of people who are within six months of their anticipated release date, eligible for parole and disciplinary free for the past year, or in custody for technical violations of parole or probation.

Judge:
Donald C. Coggins, Jr. and Kaymani D. West
Attorney(s):
Susan K. Dunn, Shirene C. Hansotia, Jonathan W. Hughes
Pro Bono Firm:
Arnold & Porter

ACLU of South Carolina Demands the Release from Prisons and Jails of Communities Vulnerable to COVID-19

Today we submitted a letter to more than 400 South Carolina criminal justice officials recommending that they heed public health experts’ advice and immediately release individuals in detention who are at high risk of severe illness or death from COVID-19. Public health experts recognize that there is a heightened risk of infection for people who are involved in the criminal justice system. From policing, prosecution and pretrial hearings, to sentencing, confinement, and release, every aspect of the system must come under intense scrutiny for how it responds to this national public health crisis. In the letter, we asked system actors to respond to recommendations put forth by public health experts and specifically called for the immediate release from prisons and jails of communities identified by the Centers for Disease Control and Prevention (CDC) as vulnerable, as well as people currently in pretrial detention, to prevent a public health crisis.  

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ACLU of South Carolina Demands the Release from Prisons and Jails of Communities Vulnerable to COVID-19

Today we submitted a letter to more than 400 South Carolina criminal justice officials recommending that they heed public health experts’ advice and immediately release individuals in detention who are at high risk of severe illness or death from COVID-19. Public health experts recognize that there is a heightened risk of infection for people who are involved in the criminal justice system. From policing, prosecution and pretrial hearings, to sentencing, confinement, and release, every aspect of the system must come under intense scrutiny for how it responds to this national public health crisis. In the letter, we asked system actors to respond to recommendations put forth by public health experts and specifically called for the immediate release from prisons and jails of communities identified by the Centers for Disease Control and Prevention (CDC) as vulnerable, as well as people currently in pretrial detention, to prevent a public health crisis.