Class Action COVID-19 Lawsuit Against Colorado DOC for Failure to Protect

With the ACLU of Colorado and a group of renowned civil rights firms, Maxted Law LLC filed a class action COVID-19 lawsuit against the Colorado Department of Corrections and Governor Polis for failing to take action to protect those medically vulnerable to COVID-19. The ACLU press release is here.

The lawsuit builds on a previous success against Weld County jail, Carranza et al. v. Reams, in which a preliminary injunction was granted against the Sheriff for failing to protect medically vulnerable inmates in the jail.

This new lawsuit, Winston et al v. Polis et al., takes on the failure of the Colorado DOC to protect medically vulnerable inmates in the jail by failing to reduce the prison population, failing to implement physical distancing, and failing to implement other basic public health necessities. Alarmingly, the DOC’s own analysis of the spread of COVID-19 projects thousands of infections among staff and incarcerated people and a devastating death toll, admitting their failure to act may result in the virus “killing between 150 to 170 inmates and 73 to 83 correctional officers.” Due to the failure of the Governor and the CDOC to act, the lawsuit asks a Court to grant an injunction to prevent this unnecessary loss of life.

A fully copy of the complaint for the case, Winston et al. v. Polis et al. is here.

The compelling stories of the Plaintiffs in the case, all medically vulnerable people who face a serious risk of critical illness or death, can be found at Nobody Deserves to Die from COVID-19.