AUSTIN – Attorney General Ken Paxton has commended the U.S. Court of Appeals for the Fifth Circuit for ruling in favor of the COVID-19 protective measures implemented by the Texas Department of Criminal Justice.
Court records show the plaintiffs in the case, Laddy Valentine and Richard King. are elderly inmates with various medical conditions at the Wallace Pack Unit. They sued TDJC seeking injunctive relief.
The lawsuit was filed on March 30, 2020, shortly before COVID-19 struck the Pack Unit. On April 11, 2020, Leonard Clerkly, the first Pack Unit inmate to test positive for COVID-19, died from the virus. By the time of trial, over 497 Pack Unit inmates had tested positive for COVID-19, 74 inmates had been hospitalized, and 19 inmates had died.
A district court issued an injunction ordering the prison to provide unrestricted access to hand soap and access to hand sanitizer for the mobility impaired.
On March 26, the Fifth Circuit found that the plaintiffs did not show actual success on the merits of their ADA claim and vacated a district court’s injunction as it pertains to hand sanitizer.
A press release states TDCJ acted promptly and reasonably to combat the virus by relying the advice of medical professionals, and Paxton credits the Fifth Circuit for recognizing the protective actions taken by TDCJ.
“TDCJ took extraordinary measures to protect inmates and staff from COVID-19. I applaud them for their extensive efforts to safeguard inmates’ health and safety, and I commend the court for recognizing the efficiency of their protocols and the need for flexibility to address changes in our understanding of this virus,” said Paxton. “In light of this global pandemic, I will ensure that Texas will continue to lawfully and professionally implement health safety procedures for those at risk and reliant on the state.”