The state of Oregon will offer coronavirus vaccines to inmates in front of senior citizens after a federal judge ruled that inmates should be admitted to the Phase 1A vaccination round.
Government spokeswoman Kate Brown said the government would not dispute the ruling.
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“The court’s ruling is clear and the state has decided not to appeal,” Charles Boyle, a spokesman for the governors’ office, said in an email to The Oregonian on Wednesday.
The ruling comes in a lawsuit filed by the Oregon Justice Resource Center on behalf of seven inmates. Court documents say 3,392 adults in custody (AICs) tested positive on Feb. 1 in 14 of Oregon’s 15 correctional departments – 27% of all inmates, according to The Oregonian – with 42 deaths.
U.S. Magistrate Judge Stacie Beckerman ruled that postponing their vaccinations violated the ban on the eighth amendment of cruel and unusual punishment, despite acknowledging that inmates and staff “do not readily accept masking recommendations.”
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Beckerman pointed out how staff of corrections have already been included in Phase 1A. While the state claims it makes more sense, as staff members are a primary source of infections in correctional facilities and there is less to vaccinate, the court disagrees.
“Simply put, the defendants are well aware of the risks of serious injury to correctional personnel and AICs, and have chosen to protect only the personnel. This deficiency indicates deliberate indifference to a material risk of serious injury,” Beckerman said. .
According to the ruling, inmates at correctional facilities will be admitted to the Phase 1A group which includes residents and staff at long-term care facilities.
“This decision by the court serves to protect thousands of Oregonians in prison and will be a great relief to them and their loved ones,” the Oregon Justice Resource Center said according to KDRV.
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All groups admitted to phase 1A were eligible for vaccines late at the end of 2020. Certain individuals in phase 1B, such as childminders, as well as teachers and school staff in grade K-12, were eligible from 25 January. . Phase 1B group, people aged 80 and older, will only be eligible for February 8th. Other senior citizens are only eligible later in February or early March. Elderly people in care facilities covered by phase 1A are already eligible.
Boyle said that although phase 1A may now take longer to complete, phase 1B is still expected to start on time. However, he qualified it by noting that it is subject to the availability of supplies that the state receives from the federal government.