Has this Central Valley sheriff been ‘cruel’ to inmates over COVID-19? ACLU says yes
Tulare County Sheriff Mike Boudreaux has been accused by the ACLU of instituting “cruel” COVID-19 policies that have caused “physical and psychological harm” to county jail inmates, new court documents show.
The claims are part of a class-action lawsuit filed last summer on behalf of the inmates by the ACLU Foundation of Northern California and the law firm Munger, Tolles & Olson LLP. The initial complaint accused the sheriff of failing to implement state-mandated health protocols to protect inmates across the county’s five facilities, which resulted in a court-ordered mandatory mask policy and increased distance between inmates.
The most recent filings are the latest accusations to draw attention to the sheriff’s handling of the pandemic, raising concerns over the inmates’ health and safety and questioning the constitutionality of the sheriff’s COVID-19 policies and practices.
The attorneys representing the inmates said a “solitary-like” confinement policy, where inmates were locked in their cells for more than 23 hours a day, violated their “constitutional rights to due process and freedom” and irreparably harmed their mental health.
“Throughout this crisis, our clients have been extremely diligent in raising their concerns to jail officials and advocating for their rights,” said Annie Decker, one of the ACLU attorneys representing the inmates. “Despite their warnings, and even in the face of a lawsuit, the sheriff continues to show deliberate indifference to the people he is charged with protecting.”
A spokesperson for Boudreaux did not respond to questions about the policy of keeping inmates confined for prolonged periods but refuted the ACLU’s claims, describing the accusations as “false” and “deceptive.”
“The ACLU’s most recent attempt to discredit the Tulare County Sheriff’s Office and manipulate the narrative of the hard work being done inside Tulare County jails is deceptive and fails in merit,” said Ashley Schwarm, the Tulare County Sheriff’s Office spokesperson in a statement to The Bee. “Simply put, it is not true.”
Schwarm said the sheriff has done “everything properly” in providing for the care and welfare of the inmates across the county’s facilities and has been following all federal and local health and safety guidelines.
“Sheriff Boudreaux welcomes the opportunity to present the evidence in court,” she added.
Still, ACLU attorneys say the lockdown policy, which has been in effect since September, has led to a mental health crisis among the inmates that has resulted in at least one suicide and three attempts. The attorneys said several inmates had expressed feeling “depression, anxiety, sleeplessness and suicidal thoughts.”
They have also received reports from inmates that jail staffers have been involuntarily medicating suicidal inmates, she said.
If the policy is not revoked, Decker worries more inmates will attempt to take their own lives.
“We are confident that the lockdown is exacerbating the mental health crisis in the jails,” Decker said. “The sheriff has taken a punitive and, in our view, unconstitutional approach to social distancing - locking people up.”
In addition to the use of masks and mandated social distancing, the temporary restraining order granted in September also required the sheriff to comply with additional state health orders such as testing.
Schwarm said Boudreaux provided the court with a robust plan and procedures to comply with that order.
“The sheriff’s evidence led to the court’s ultimate ruling that the sheriff’s office is diligently working to reduce the chances of exposure and minimize the threat of COVID-19 in the jails,” she said.
But the ACLU attorneys say the sheriff missed a key step by failing to conduct regular surveillance or broad-based testing of inmates and staff, while some policies meant to deter the spread of COVID-19 in jails did not protect inmates from getting sick, they added.
For months, ACLU attorneys said the sheriff’s alleged failure to implement such measures would lead to a massive outbreak within Tulare County’s jails. They said those fears became a reality in December when 80% of inmates, or 60 of 75, living in a single housing unit tested positive for COVID-19. The extent of the outbreak, however, remains unknown.
Schwarm emphasized that there were currently no known cases of COVID-19 within the jails and that no inmates had been hospitalized due to the virus since the pandemic began. In addition, the sheriff has already started vaccinating inmates. So far, at least 100 have been inoculated, she said.
But without regular testing, Decker said it is still possible inmates have the virus. She fears inmates could also get sick with the new COVID-19 variants.
That’s why the ACLU is calling on the sheriff to start releasing inmates, many of whom cannot afford bail.
“It’s easy to say there’s no COVID if you’re not doing extensive testing, and it’s going to be inevitable that more COVID comes into the Tulare County jails,” she said. “Sometimes social distancing isn’t possible in jails and prisons because of overcrowding. He has the authority under the California government code to start releasing people, and that’s what he should be doing.”
The attorneys will present the latest filings at a court hearing scheduled for April 6.