By Robert Rodriguez
The Fresno Bee
TULARE COUNTY, Calif. — A federal judge is forcing Tulare County Sheriff Mike Boudreaux to begin providing protective masks at the jail, test for COVID-19 and reduce contact between inmates.
Inmates Charles Criswell, Levi Johnson, Samuel Camposeco and Adam Ibarra filed a class-action lawsuit against Boudreaux on July 29, accusing the sheriff of not doing enough to protect against the spread of the highly contagious coronavirus in the jail.
Lawyers with the ACLU Foundation of Northern California and the law firm Munger, Tolles & Olson LLP also sought a temporary restraining order against the sheriff forcing him to take action.
On Wednesday, Judge Dale A. Drozd in Fresno granted the class-action certification and approved the TRO with several very specific provisions. In his remarks, the judge also took issue with the apparent reluctance of Boudreaux to try and resolve the case.
Sheriff’s spokeswoman: ‘That being said...’
Sheriff’s spokeswoman Ashley Schwarm said Boudreaux “respects the court’s process in ensuring fair treatment of all parties involved.”
“That being said, the information the judge was relying on when making his decision was based on outdated procedures of the Tulare County Sheriff’s Office,” Schwarm said.
Drozd wrote in his decision that he tried to encourage both sides to meet since it appeared there had been “a complete lack of meaningful communication between the parties and that at least some of these issues should be capable of resolution without the need for intervention by this court.”
“Apparently the court’s hope in that regard was not well placed,” Drozd wrote. “Given the lack of meaningful response by defendant to plaintiffs’ Motion and to the evidence presented by plaintiffs in support thereof, the court is compelled to issue this order.”
Judge’s orders
Drozd is requiring the sheriff to:
- Adopt a policy to reduce contact between inmates in all common areas, including (but not limited to) bathrooms, day rooms, yards and pill lines, and allow for the possibility of social distancing by inmates. A copy of the written policy must be given to the court and plaintiffs’ lawyers by Sept. 14.
- Create a policy for masks, including providing masks to inmates and requirements for them to wear the masks. This policy also needs to be in writing and a copy given to the court and plaintiffs’ lawyers by Sept. 8.
The judge also wants to know how many inmates may have COVID-19. He expects a report by Sept. 14 detailing the jail’s COVID-19 testing, including how many tests have been conducted, how many inmates have been tested, how many staff members have been tested, when those tests conducted, how many inmates tested positive, how many staff members tested positive, how many inmates refused to be tested, and how many staff members refused to be tested.
Inmates had complained about not being able to speak to their lawyers and the threat of intimidation for filing the legal action.
The judge ordered that jail officials must provide the plaintiffs’ lawyers with the ability to see their clients within two days and be able to confidentially communicate remotely with them through a video call.
Inmates also don’t have to fill out authorization forms as part of the attorney visitation policy that the jail instituted on May 29.
Schwarm added that there are already policies in place at the Tulare County Sheriff’s Office that guarantee legal visits to inmates.
“Those procedures have been standard protocol for some time. Today’s ruling directed for a written policy versus directives only,” Schwarm said. “The Sheriff’s Office is in compliance with the judge’s procedural formats, but will also place those formats into written policy. Furthermore, any allegations of intimidation against inmates seeking legal direction have no evidence to support them.”
Drozd gave the sheriff the option to modify the temporary retraining order, but it must be supported by good cause.
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©2020 The Fresno Bee (Fresno, Calif.)