BREAKING: 5th Circuit Court STAYS trial judge ruling that required improved pandemic response in the state's geriatric prison, including frequent cleaning of common areas, giving COVID-19 information and providing hand sanitizer, masks, tissues and other hard to get items.
Appeals court says 2 plaintiff-inmates failed to exhaust their administrative remedies.
In addition, "their constitutional claim fails on the merits. TDCJ’s response, albeit imperfect, did not amount to
deliberate indifference under the Eighth Amendment."
In addition, "their constitutional claim fails on the merits. TDCJ’s response, albeit imperfect, did not amount to
deliberate indifference under the Eighth Amendment."
Ruling: "To be sure, the district court identified lapses in TDCJ’s response to COVID-19. As a matter of policy, TDCJ could have done more to protect vulnerable inmates in the Pack Unit. But federal judges are not policymakers."
On the balance of harms and the public interest, 5th Circuit says: "Here, the significant decrease in COVID-19 cases in the Pack Unit, as documented by the district court, weighs in favor of a stay."
Ruling was by Judges Willett, Ho and Duncan (same panel that last night allowed Abbott to limit mail-in ballot drop-off sites to 1 per county).
Ruling: ca5.uscourts.gov/opinions/pub/2…
Ruling: ca5.uscourts.gov/opinions/pub/2…
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