Lawsuit Seeks Quick Vaccine Access For All Washington Inmates

SEATTLE — A group of legal advocates for Washington inmates is undertaking a new legal effort, seeking judicial intervention to speed up vaccination plans at prisons across the state.

Attorneys with Columbia Legal Services filed a lawsuit on behalf of three inmates Monday in Thurston County and are seeking class-action status. The suit asks that the court order the Department of Health and the Department of Corrections to fulfill three specific demands.

• Immediately offer the COVID-19 vaccine to all individuals in DOC custody.
• Create a vaccine education and distribution plan that provides accurate information about the vaccine and is responsive to the environment of distrust and historical abuse of people who are incarcerated by both medical and carceral authorities.
• Develop a plan to protect individuals in their custody from correctional staff who refuse to be vaccinated.

The lawsuit filing follows a letter sent to DOH and DOC earlier in March, which asked both agencies' leaders to voluntarily implement the measures. In a response letter dated March 19, the state declined all three requests, citing supply constraints, existing vaccination efforts in prisons, and the pending expansion of eligibility tiers on March 31.

While prisoners of all ages will qualify for vaccines for the first time Wednesday, attorneys argue eligibility alone does not guarantee incarcerated people will have access to doses any time soon. On top of access barriers, attorneys said inadequate information about the vaccines themselves creates another layer of distrust.

Columbia Legal Services writes:

"Immediate access to the vaccine is critical to protecting the people in DOC custody, but simply allocating the required number of doses will not be sufficient. Columbia Legal Services (CLS) has heard from numerous individuals in several DOC facilities, as well as concerned family members and loved ones, that many people are reluctant to accept the vaccine when it is offered because of fears that DOC is not providing accurate information about the vaccine, and concerns about whether they will be administering an approved vaccine to residents. In some cases, DOC staff members have actively prevented people in prisons from receiving information about the vaccine, or even shared conspiracy theories about the safety of the vaccine to dissuade people from taking it. The fact that the State is prioritizing correctional staff members over residents has in many cases exacerbated this distrust. Additionally, there are concerns with DOC’s refusal to restrict unvaccinated staff members’ contact with people in the prisons."

In the suit, attorneys write that the state has failed in its duty to protect the health and safety of people in its custody, amounting to cruel punishment in violation of the Washington State Constitution. Attorneys also criticize the Department of Corrections' response throughout the pandemic, despite the substantial risk for infections.

"As a group, people in DOC custody have suffered horribly over the last year," the lawsuit reads. "Thousands of them have fallen ill from COVID-19, some have died, and all have suffered horrendous conditions as [DOC/DOH] have unsuccessfully managed the COVID pandemic in our prisons. To date almost 40% of the people in DOC custody have contracted COVID, a rate more than 8 times greater than the general public."

One year ago, the same group of legal advocates mounted an effort to secure widespread releases for inmates over 50, those with heightened medical concerns and all people within 18 months of their release date. While the Washington State Supreme Court ordered the state to ensure inmate safety, leading to limited releases, the court ultimately ruled against the petition seeking more.

Since then, DOC records show nearly 6,200 infections among inmates and 14 dead from COVID-19 complications. Among staff, the state's data show more than 1,100 cases and two deaths.

"It is imperative that the DOH, and DOC partner not only with each other, but also engage with authentic, respected voices in the community to help spread accurate information and build trust around the vaccine and DOC’s ability to properly administer it," said Tony Gonzalez, an attorney with Columbia Legal Services. "Time is of the essence and the State must act immediately to protect people living in Department of Corrections’ facilities."

Read the full 33-page lawsuit via Columbia Legal Services.