Kansas inmates charge in lawsuit that prison conditions put them at risk of COVID-19

A group of Kansas state prison inmates allege in a lawsuit that their constitutional protections against cruel and unusual punishment are being violated by conditions that put them at risk for the COVID-19 virus.

The Kansas Supreme Court had scheduled oral arguments for Wednesday afternoon in the class action suit, filed last week on behalf of eight inmates by the American Civil Liberties Union of Kansas. But the court canceled the hearing, and instead redirected the case to Leavenworth County District Court.

In her order to dismiss the case from the Supreme Court’s jurisdiction, Chief Justice Marla Luckert said there were “significant issues of fact” that needed to be addressed.

The inmates, from prisons in Lansing, Ellsworth and Topeka, are asking the state for more aggressive steps to contain the virus, including housing to isolate those who have tested positive, a social distancing plan and unrestricted access to soap and other sanitizing products.

They are also seeking early release for some inmates.

“The extraordinary circumstances of the current COVID-19 pandemic warrant extraordinary relief,” the lawsuit reads.

Unrest in correctional facilities has escalated over the past few days, as COVID-19 has spread into prisons. At least 21 staff members and 18 residents tested positive for the coronavirus in the Lansing prison, according to data from Kansas Department of Corrections (KDOC) Tuesday.

Just last week, KDOC reported 20 to 30 inmates scattered linens and paper, and set off fire extinguishers in its Lansing Correctional Facility. A corrections spokesperson told The Star the inmates also broke windows and damaged lights and computer video and surveillance equipment.

And over the weekend, a correctional facility in Ellsworth had a similar disturbance. Roughly 150 to 200 inmates damaged bullentin boards and security cameras, and threw trash. It lasted less than two hours, according to a news release from KDOC. No staff or residents were injured.

KDOC is investigating what led to the disturbance.

In its response through the Kansas Supreme Court, the state challenged the class action, arguing that each inmate has a unique situation and can’t represent a broader group of “medically vulnerable” prisoners. That classification is too broad and could endanger the public by including the release of notorious serial killers, like Dennis Rader — dubbed “BTK”

They also said scheduling the hearing so quickly initially wouldn’t allow enough time to analyze inmates’ claims.

Across the U.S., prisons have become hot spots for the spread of the coronavirus. One inmate in his 50s died from the virus in Missouri earlier this month.

In the federal prison system, 444 inmates have contracted COVID-19. Fourteen inmates have died.

The Lansing disturbance lasted several hours. A video posted on YouTube claiming to be footage from inside the facility said inmates “rioted” after they were told multiple staff members and residents tested positive for COVID-19.

The National Guard arrived Tuesday to the Lansing facility to provide additional medical support, said Rebecca Witte, a spokeswoman for KDOC.

Gov. Laura Kelly said during a news conference Monday that prisons have started dividing up inmates into smaller groups to limit exposure to the coronavirus.

“And I think that’s probably the best that they can do,” Kelly said.

No date has been set for the Leavenworth County hearing.

Katie Bernard contributed reporting.

This story was originally published April 14, 2020 at 4:50 PM.