A federal judge on Thursday denied a bid by Cook County Jail detainees for release or transfer amid the coronavirus outbreak but ordered Sheriff Tom Dart to implement new policies to keep inmates safe.
U.S. District Judge Matthew Kennelly ordered Dart to begin prompt coronavirus testing of detainees who exhibit symptoms of the virus by Saturday. He said the sheriff must also enforce social distancing when taking in new inmates.
An adequate amount of soap or hand sanitizer must be available for inmates to frequently clean their hands, the judge said, and staff must receive sanitation supplies. Finally, the judge said the sheriff must “provide face masks to all detainees who are quarantined.”
Given those measures, the judge said he would not order the sheriff to move inmates to other forms of custody.
The lawsuit, that sought the release or transfer of elderly and medically compromised detainees, was filed in federal court Friday. It cites affidavits provided by detainees, former senior medical jail officers and at least one current correctional officer who complained the jail had not done enough to provide adequate testing and protective gear for detainees and staff, or to alleviate the close quarters that make spreading the virus a certainty.
An attorney for the sheriff’s office told the judge the jail had already instituted policies sought in the lawsuit to restrict the spread of the coronavirus. But an attorney with the MacArthur Justice Center disagreed.
“The conditions on the ground: There is no social distancing in the jail, and the defendants do not claim that there is,” attorney Alexa Van Brunt said.
Jail officials have said staff are required to wear surgical masks, and those in close contact with inmates have been issued N95 masks. Detainees with symptoms were being tested, and the sheriff’s office said it intended to ramp up testing to detainees entering or leaving the jail.
Dozens of protesters drove around the jail Tuesday, honking their horns, chanting and banging drums to demand the “mass release” of detainees. The population at the jail dropped nearly 20% — to 4,547 — after Chief Criminal Court Judge LeRoy K. Martin Jr. mandated a sweeping review of criminal cases of hundreds of low-risk, mostly non-violent detainees.
As of Wednesday evening, 251 detainees tested positive for COVID-19. Jeffery Pendleton, 59, was the first detainee to die of suspected coronavirus over the weekend, jail officials said, citing preliminary reports.
