Colorado Court Revives Inmate Coronavirus Lawsuit
Prison bars. Image via MaxPixel/Public Domain.
The ruling found that the court does have some authority to compel the governor to remedy a violation of inmates’ constitutional rights.
A Colorado Court of Appeals has reversed a district judge’s dismissal of a lawsuit demanding that state Gov. Jared Polis release low-risk inmates to help curb the spread of coronavirus behind bars.
According to
The Denver Post, the appeals court also determined that Gov. Polis who sought to be dismissed from the suit “is a proper defendant in this case,” because releasing inmates lies “within the Governor’s sound discretion and exclusive authority.”
At 84 years old, Anthony Martinez is nearly blind and deaf. He can no longer walk on his own and his kidneys are failing. He struggles to write his own name, his niece says, a sign of brain deterioration after more than 30 years in prison.
And though he seemingly poses little threat to anyone, he remains confined at Sterling Correctional Facility, among those at highest risk of falling victim to COVID-19, which has sickened hundreds of his fellow inmates and killing six at the northeast Colorado prison.
“I’m afraid the first time I see my uncle is going to be at his funeral,” said his niece, Kelly Brasier, who has been working to secure his early release.
Inmates, relatives call coronavirus is a death sentence, urge more early releases gazette.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from gazette.com Daily Mail and Mail on Sunday newspapers.
At 84 years old, Anthony Martinez is nearly blind and deaf. He can no longer walk on his own and his kidneys are failing. He struggles to write his own name, his niece says, a sign of brain deterioration after more than 30 years in prison.
And though he seemingly poses little threat to anyone, he remains confined at Sterling Correctional Facility, among those at highest risk of falling victim to COVID-19, which has sickened hundreds of his fellow inmates and killing six at the northeast Colorado prison.
“I’m afraid the first time I see my uncle is going to be at his funeral,” said his niece, Kelly Brasier, who has been working to secure his early release.