WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Ohio

Prisoners Legal Advocacy Network (PLAN) National Lawyers Guild – Delaware-New Jersey Chapter 132 Nassau Street, Room 922 New York, NY 10038

Toll-Free Telephone/Facsimile 1-833-NLG-PLAN, ext. 1

[email protected]

PLAN COVID-19 CAMPAIGN Executive Summary COVID-19 Prison Conditions in the State of Ohio

WORKING DRAFT

Contributing PLAN Legal Response Team Member: Melanie Kray, PLAN Senior Clerk, University of Washington, Class of 2022

Contact Person: Stanley Holdorf Email: [email protected] Telephone: 1-833-NLG-PLAN, Ext. 1

Date of Issuance: September 19, 2020

DISCLAIMER

The following information should not be construed as legal advice. The information and analysis set forth herein does not initiate or imply an attorney-client relationship. The opinions and analysis that follow represent the viewpoints of the PLAN legal response team members credited below, and may not reflect the viewpoints of the National Lawyers Guild or the Prisoners Legal Advocacy Network.

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SUMMARY

Ohio’s state prisons have garnered national attention for comprising two of the top ten COVID-19 cluster outbreaks in the U.S. at multiple points -- Marion Correctional Institution and Pickaway Correctional Institution. Active positive cases at those institutions have since declined, only for active positive cases at other Ohio state prisons -- Madison Correctional Institution, Allen Oakwood Correctional Institution, and Chillicothe Correctional Institution -- to increase rapidly. Despite this, Ohio Department of Rehabilitation and Correction continues only to test symptomatic inmates and new intakes. An incarcerated affiant at Ohio State Penitentiary reported that indigent inmates were receiving one bar of hotel-sized soap every two weeks, while all others had to buy soap from the commissary. Though some individual institutions are requiring mask use by staff and inmates alike, there is no uniform statewide policy on this matter. As of September 5, 2020, Ohio’s state prison system ranks 11 in the country for inmate cases per 10,000 inmates, and 3 in the country for inmate deaths per 10,000 inmates.

I. Chronology

March 11 – Ohio Department of Rehabilitation and Correction suspends inmate visitation indefinitely as a precautionary measure

March 29 – First confirmed positive COVID-19 case in Ohio DOC in staff member at Marion Correctional Center1

April 3 – First confirmed positive COVID-19 case in Ohio DOC inmate at Marion Correctional Center2

1 https://www.cincinnati.com/story/news/2020/03/29/employee-positive-covid-ohio- prison/2937726001/ 2https://www.marionstar.com/story/news/local/2020/04/17/covid-19-marion-prison-home-one- ohios-largest-outbreaks/5151815002/

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April 10 – Gov. Mike DeWine says every prisoner in a facility with known coronavirus cases would be tested3

April 23 – After mass testing at Marion and Pickaway Correctional Centers, 80% of inmates tested positive4

April 30 – Ohio Department of Rehabilitation and Correction announces only symptomatic inmates will be tested;5 Mass testing at the Marion Correctional Institution revealed that approximately 96 percent of inmates who tested positive for COVID-19 were asymptomatic6

May 18 – Despite climbing case numbers, Ohio’s prisons start accepting new inmates again, taking the following precautions: (1) the state will only accept 50 new inmates per day; (2) every incoming inmate will be tested when they first enter the system, be quarantined for 14 days, and remain at a reception facility for at least 35 days before being transferred to one of Ohio’s other prisons7

June 9 – Sixth Circuit Court of Appeals vacated a preliminary injunction directing the Bureau of Prisons to identify and transfer elderly and medically vulnerable individuals out of Elkton Federal Correctional Institution to limit their exposure to COVID-198

3https://www.news5cleveland.com/news/continuing-coverage/coronavirus/despite-staggering- case-counts-and-50-deaths-prisons-halt-mass-covid-19-testing 4 https://ohiocapitaljournal.com/2020/04/23/nearly-80-of-inmates-have-covid-19-at-two-ohio- prisons/ 5https://www.news5cleveland.com/news/continuing-coverage/coronavirus/despite-staggering- case-counts-and-50-deaths-prisons-halt-mass-covid-19-testing 6https://governor.ohio.gov/wps/portal/gov/governor/media/news-and-media/covid19-update- april-30-2020 7https://www.cleveland.com/coronavirus/2020/05/ohio-prisons-are-again-accepting-new- inmates-even-as-coronavirus-death-toll-rises.html 8https://www.acluohio.org/archives/press-releases/sixth-circuit-court-of-appeals-strikes-down- ruling-requiring-bureau-of-prisons-to-release-medically-vulnerable-people-at-elkton-fci?c=183529

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June 30 – Ohio has the highest number of inmate deaths out of all states at 86 deaths9

July 8 – Madison Correctional Institution and Noble Correctional Institution reopen visitation on an outdoor-only basis10

July 15 – Ohio State Penitentiary reopens visitation on an indoor-only no- contact basis11

July 26 – Warren Correctional Institution reopens visitation on an outdoor- only basis12

August 13 – Madison Correctional Institution announced as site of new COVID-19 outbreak13

August 21 – Allen Oakwood Correctional Institution announced as new COVID-19 outbreak site14

II. Indicative Prison Incidents as Reported

COVID-19 Inmate Testing (regularly updated)

As of September 5, among the five largest clusters of cases in the United States are Marion Correctional Institution (Marion, Ohio; 2,439 cases; 2nd) and Pickaway Correctional Institution (Scioto Township, Ohio; 1,791 cases). The 19th

9https://www.voanews.com/covid-19-pandemic/new-outbreaks-push-us-inmate-coronavirus- cases-past-50000 10https://drive.google.com/file/d/1IK9a9TsrC0wAhfnuryGflkBjCmoZxXsV/view?usp=sharing 11 Id. 12 Id. 13https://www.lancastereaglegazette.com/story/news/2020/08/13/new-covid-19-outbreak- hitting-state-prison-west-columbus-137-test-positive/3365669001/ 14

WORKING DRAFT PLAN Executive Summary COVID-19 Prison Conditions in the State of Ohio

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As of July 19, Ohio state prisons have the fourth most COVID-19 cases in the country, behind Texas, federal prisons nationwide, and California. There is one caveat for this statistic -- the Ohio Department of Rehabilitation and Correction (ODRC) likely has a more realistic case count than other state prison systems due to their mass testing. Ohio state prisons rank third in the country for inmate deaths, behind federal prisons nationwide and Texas. In comparison to the general population in Ohio, ODRC inmates have a 1,692% higher rate of cases than the rate for Ohio’s entire population (1,042 cases per 10,000 inmates); a 572% higher rate of COVID-19 deaths than the rate for Ohio’s entire population (18 deaths per 10,000 inmates); and a 285% higher testing rate than the rate for Ohio’s general population (3,437 tests administered per 10,000 inmates). In comparison to neighboring states, Michigan had 1,009 cases per 10,000 inmates and 18 deaths per 10,000 inmates; Pennsylvania had 66 cases per 10,000 inmates and 2.3 deaths per 10,000 inmates; Indiana had 271 cases per 10,000 and 7.4 deaths per 10,000 inmates; Kentucky had 530 cases per 10,000 inmates and 3.4 deaths per 10,000 inmates; West Virginia had 245 cases per 10,000 inmates and 0 deaths per 10,000 inmates.16

III. COVID-19 Policies Adopted by Prisons and Jails

● “DRC cares about the safety and health of our staff, incarcerated adults and their loved ones. Because of this we are putting several safety measures in place within our facilities as we prepare for the potential operational impact of COVID-19. We apologize for the inconvenience this

15 https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html#clusters 16https://sanduskyregister.com/news/267415/ohio-prisons-among-most-in-nation-with-covid-19- cases-deaths/

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may cause, but it is absolutely necessary to protect all Ohioans as best as we can. These safety measures include: 1. Visiting will be suspended indefinitely; 2. Volunteers entering our facilities will be suspended indefinitely; 3. Only mission critical contractors (construction, medical, food service, etc.) will be permitted to enter the facilities. Mission critical will be determined by the managing officer; 4. Staff, mission critical contractors, and attorney health screenings will begin upon entry into the facilities; 5. No outside inmate workers will be in the community; inmate workers will only be permitted on state grounds; 6. Only mission critical transfers will take place. Reception, medical, and security are mission critical. 7. In-service training will be changed to mission critical only. 8. CTA trainings will only be mission critical and those necessary for staff to maintain their positions/certifications/licensures.”17

● From March 10-May 13, the Cuyahoga County18 jail released about 900

people, reducing its population by more than 30%

● As of April 14th, the Franklin County Jail19 population in Ohio has

decreased by more than 30% over the course of 30 days. To do this, the

county reduced average daily bookings from over 70 to about 25 per day

and released people held pretrial for “non-violent misdemeanors,” people

over the age of 60, and people held for technical violations of probation

17 https://www.drc.ohio.gov/Family/COVID-19-UPDATES 18 http://www.valleyjournal.net/Article/23213/Emptier-jails-could-stay-that-way 19https://www.columbusalive.com/news/20200417/confronting-coronavirus-threat-in-ohios- correctional-system

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and parole. Franklin County has a page detailing the steps they have

taken to reduce their jail population available20

● In most states, incarcerated people are expected to pay $2-$5 co-pays for

physician visits, medications, and testing. Because incarcerated people

typically earn 14 to 63 cents per hour, these charges are the equivalent of

charging a free-world worker $200 or $500 for a medical visit.21 The result

is to discourage medical treatment and to put public health at risk. In 2019,

some states22 recognized the harm and eliminated these co-pays.

○ Ohio has suspended all co-pays for respiratory, flu-related, or

COVID-19 symptoms

● Jails in Montgomery County, Ohio are offering residents smaller numbers

of free calls per week

● Only legal visitation permitted

● Inmates receiving 2 free 5 min calls per week

● Inmates receiving 1 free 15 min video call per week, can purchase extra

video calls at discounted rate of $3.50

20 https://commissioners.franklincountyohio.gov/stepping-up/population-reductions-by-covid-1 21 https://www.prisonpolicy.org/blog/2017/04/19/copays/ 22 https://www.prisonpolicy.org/blog/2019/08/08/copays-update/

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● Inmates receiving 8 free e-mails through JPay per month

● Increased access to hygiene products

● Screening employees for COVID-19

● Suspension of medical co-pays

● Plan to isolate individuals who are high risk for complications from COVID-

19 and/or plan to isolate individuals with suspected COVID-19:

○ "Offenders that test positive will be kept away from those that are

healthy."

IV. Executive, legislative, and sua sponte judicial responses to COVID-19 that pertain directly to incarcerated individuals

A. Executive orders23 pertaining to conditions of confinement during the pandemic

March 15, 2020 Executive Order re: Limiting Access to Ohio’s Jails and Detention Facilities24

23 https://www.wksu.org/post/coronavirus-orders-issued-ohio#stream/0 24https://coronavirus.ohio.gov/wps/wcm/connect/gov/1daa7e2b-9478-4b36-9fc6- 348821668d60/Health+Director+Order+Limit+Access+Jails+and+Detention+Facilities.pdf?MOD=AJ PERES&CONVERT_TO=url&CACHEID=ROOTWORKSPACE.Z18_M1HGGIK0N0JO00QO9DDDDM3000- 1daa7e2b-9478-4b36-9fc6-348821668d60-n6XVhyS

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● In effect until the State of Emergency declared by the Governor no longer exists

● Jails and detention facilities must restrict access only to personnel who are absolutely necessary. No visitors of detainees are allowed.

● People allowed in the facilities must be screened for COVID-19 every time they enter the facility

● Facilities must only admit people who have federal or state sponsored identification, other satisfactory identification or are a known person and provide a business phone number and address, which the facility must log for at least six months.

March 16, 2020 Ohio Department of Rehabilitation and Correction Director's Order 20-0125

● Local and county jails will be requested to screen every inmate who is to be transferred to the custody and control of the ODRC before those inmates are transported to an ODRC facility.

● Local and county jails will be encouraged to not transfer to ODRC any inmate in their custody who is symptomatic of COVID-19 or who test positive.

● ODRC will screen every inmate who is transferred to ODRC for symptoms of COVID-19. If an inmate upon arrival presents with symptoms of COVID-19, that inmate will not be received by ODRC, nor will any of the other inmates who traveled in close contact on the same transport vehicle.

25 http://www.supremecourt.ohio.gov/coronavirus/resources/ODRCExecOrder032520.pdf

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○ Those inmates will be placed back on the transport vehicle that brought them to ODRC to be returned to the sending county. ○ The transport vehicle will wait at the ODRC reception facility until ODRC completes screening of all inmates from that vehicle in order to be able to promptly return inmates, if necessary.

● ODRC will promptly notify the county sending the inmates that the inmates are being returned because they screened affirmative for COVID-19 symptoms.

● ODRC will also notify the sending county that if any additional inmates are transported to ODRC who upon arrival are screened by ODRC and found to be symptomatic of COVID-19, then ODRC may, in connection with future inmate transports, refuse to receive inmates from that county. ○ These decisions will be made on a case by case, county-by- county, basis.

● This Order shall take effect immediately and remain in full force and effect until the State of Emergency declared by the Governor no longer exists, or the Director of the ODRC rescinds or modifies this Order.

March 19, 2020 Ohio Department of Rehabilitation and Correction Division of Parole and Community Services COVID-19 Plan26

● Situations such as COVID-19 are described in three levels: ○ green: when no “community acquired” cases; ○ orange: when community acquired cases; and

26 http://www.supremecourt.ohio.gov/coronavirus/resources/DPCSCOVID19Plan032520.pdf

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○ red: when outbreak exceeds capacity to operate under normal operations.

● Details protocols at each level regarding: ○ APA field services; ○ Bureau of Community Sanctions; ○ Parole Board; and ○ Victim Services

On April 16th, Ohio Governor Mike DeWine authorized the early release of 105 people from state prison who are nearing the end of their sentence.27 On April 17th, he commuted the sentences of 7 people in Ohio state prisons.28

B. Emergency legislation pertaining to conditions of confinement during the pandemic Per WestLaw: The Ohio Legislature is in recess until further notice.

Amended Substitute Ohio House Bill 197, Section 22 (page 338)29

C. Sua sponte court orders pertaining to conditions of confinement during the pandemic

● In March, Ohio courts in Cuyahoga County30 (Cleveland) and Hamilton County31 began to issue court orders and conduct special

27https://www.citybeat.com/news/blog/21128810/dewine-authorizes-release-of-105-inmates-as- coronavirus-cases-in-ohio-prisons-swell-into-the-hundreds 28https://www.wtol.com/article/news/health/coronavirus/ohio-prisoners-sentences- commuted/512-3786f7da-1d88-4d6f-b57c-6e18ce89e6c6 29 https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-197

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hearings to increase the number of people released from local jails.32 ○ Hamilton County has implemented a COVID Jury Trial Plan33

● On May 19th, a federal judge ordered34 the federal Bureau of Prisons to "expedite the release" of 837 people in the Elkton Federal Correctional Institution in Ohio.35

● The Ohio Supreme Court issued Administrative Action 2020-Ohio- 1166 , which retroactively extends the state of emergency declared by Gov. Mike DeWine in Executive Order 2020-01D until July 30 or the date the emergency ends for tolling of time requirements.36

● The Supreme Court and the Thomas J. Moyer Ohio Judicial Center are operating with essential staff. The building is open but to only those who have time-sensitive business.37

● The Ohio high court issued a guidance to local courts March 20.38

● To minimize physical appearances at court, the Supreme Court said lower courts should leverage technology such as web-based

30https://fox8.com/news/coronavirus/cuyahoga-county-jail-releasing-some-inmates-early-to-help- minimize-potential-coronavirus-outbreak/ 31https://www.cincinnati.com/story/news/crime/crime-and-courts/2020/03/16/coronavirus- hamilton-county-sheriff-release-low-risk-inmates/5062700002/ 32 https://www.prisonpolicy.org/virus/virusresponse.html 33https://www.nacdl.org/getattachment/8fb4f5b2-88d7-46a0-a2dd-0b2db4f09682/hamilton- county-covid-jury-trial-plan.pdf 34https://www.acluohio.org/archives/press-releases/a-federal-judge-issues-order-to-enforce- compliance-requiring-elkton-prison-officials-to-expedite-transfer-release-of-medically-vulnerable- subclass-through-home-confinement-and-compassionate-release 35 https://www.prisonpolicy.org/virus/virusresponse.html 36 https://drive.google.com/file/d/1uiYZkkLm1h1Y87fEavkTHY_XmnxfMUzV/view?usp=sharing 37 Id. 38 Id.

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meetings and videoconferencing for arraignments, hearings, probation meetings and mediations.39

● The Ohio Supreme Court also said to use discretion when releasing people held in jail; to release people incarcerated for nonviolent misdemeanor offenses and place them on community-control sanctions such as electronic monitoring unless there is evidence that the release would present a substantial risk of harm; and to release incarcerated people who are in a high-risk category for being infected with COVID-19, unless there is evidence that the release would present a substantial risk of harm.40

● On May 19, the Ohio Jury Trial Advisory Group released its report and recommendations to resume jury trials.41 ○ The group concluded that the resumption of trial is necessary, so long as certain conditions are met. Jury trials must proceed when essential, when they can be conducted in accordance with the best legal and medical practices and when they can honor the fundamental rights of the parties. ○ The group will continue to analyze best practices as courts resume jury trials.

● On May 12, Champaign County Judge Nick A. Selvaggio announced changes to the common pleas court.42 ○ Petit jury trials have been moved to the community center, the grand jury location remains at the county courthouse and hearings of the common pleas court and family court also remain at the county courthouse.

39 Id. 40 Id. 41 Id. 42 Id.

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1) Court closures and suspension of trial proceedings

March 27, 2020 Supreme Court of Ohio Administrative Actions in re: Tolling of Time Requirements Imposed by Rules Promulgated by the Supreme Court and Use of Technology43

● This order shall apply retroactively to the date of the emergency declared by Executive Order 2020-01D and shall expire on the date the period of emergency ends or July 30, 2020, whichever is sooner.

● The time requirements imposed by the rules of the Court and set to expire during the term of this order shall be tolled.

● Upon the expiration of this order, all time requirements tolled by this order shall resume.

● Nothing in this order precludes filings during the duration of the order if the Court, local court, hearing panel, board, commission, or clerk is able to receive filings due to local accommodations and the matter is related to a situation that requires immediate attention.

43 http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1166.pdf

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● Notwithstanding the tolling of time requirements imposed by this order, the Court, local court, hearing panel, board, or commission, as applicable, may still require filing in accordance with existing rules and issue orders setting a specific schedule in a case or requiring parties to file documents by a specific due date if pertaining to a situation that requires immediate attention. ○ A specific order in a case issued on or after March 9, 2020, shall supersede the tolling provisions of this order, unless otherwise noted in that specific order.

● All courts shall in every case strive to be in uniform conformance with the language and intention of this order, as well as complying with all directives from the Director of the Ohio Department of Health, until the specified expiration date.

March 30, 2020 Supreme Court of Ohio Guidance to Local Courts COVID-19 Public Health Emergency44

April 14, 2020 Supreme Court of Ohio Administrative Actions in re: Application of the Rules of Practice of the Supreme Court of Ohio45

● This order shall be effective April 21, 2020, and shall expire on the date the emergency period declared by Executive Order 2020-01D ends or July 30, 2020, whichever is sooner.

● This order shall supersede the March 27, 2020, order, but only as it applies to the time requirements prescribed by the Rules of Practice of the Supreme Court.

44 http://www.supremecourt.ohio.gov/coronavirus/resources/localCourtGuidance03.20.20.pdf 45 http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1461.pdf

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● The following shall apply to filings with the Court: ○ For any document that was filed between March 9, 2020, and April 21, 2020, and for which a time requirement had expired during that time period, the document is deemed properly filed; ○ For any document that has not been filed and for which a time requirement would have expired between March 9, 2020, and April 21, 2020, but for the March 27, 2020 order, the party shall file the document within 30 days of this order. ■ A party that fails to timely file pursuant to this division may file a motion for leave to file out of time, and the Clerk shall accept the motion if the delay in filing is due to the effects of or measures necessitated by the COVID-19 emergency and the motion explicitly states it is being filed because of the COVID-19 emergency. ○ For any other document that is filed after April 21, 2020, the party shall comply with the applicable time requirements. In addition to the provisions of S.Ct.Prac.R. 3.03(B), the Court will also grant reasonable requests to extend the time for filing of any type of document, provided that the request is necessitated by the COVID-19 emergency. ■ A party may also file a motion for leave to file out of time, and the Clerk shall accept the motion if the delay in filing is due to the effects of or measures necessitated by the COVID-19 emergency and the motion explicitly states it is

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being filed because of the COVID-19 emergency.

May 7, 2020 Responsible Restart Ohio Court Access Guidance Document46

May 12, 2020 Standards and Practices Essential to the Resumption of Jury Trials in Ohio -- Report and Recommendations47

May 15, 2020 Supreme Court of Ohio Administrative Orders in re: Tolling of Time Requirements Imposed by Rules Promulgated by the Supreme Court and Use of Technology48

● Order Nunc Pro Tunc -- Effective March 27, 2020

● Any requirement in a rule of the Court that a party appear in person or requiring in-person service may be waived by the Court, local court, hearing panel, board, or commission, as applicable. ○ Appearance, service, or oral argument by use of technology shall be allowed if it sufficiently guarantees the integrity of the proceedings and protects the parties’ interests and rights. ○ Nothing in this order shall deny a party an oral argument when properly requested pursuant to the Ohio Rules of Appellate Procedure.

● The time requirements imposed by the rules of the Court and set to expire during the term of this order shall be tolled.

46 http://www.supremecourt.ohio.gov/coronavirus/resources/responsibleRestartOhio.pdf 47https://www.clemetrobar.org/CMBA_Prod/cmbadocs/covid- 19/Ohio%20Jury%20Trial%20Advisory%20Group%20-%20Report%20%20Recommendations.pdf 48 http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-2975.pdf

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● Upon the expiration of this order, all time requirements tolled by this order shall resume.

May 18, 2020 Attorney General Opinion on Suspension of Jury Trials49 ● Explains why suspension of jury trials does not violate Speedy Trial right

49 http://www.supremecourt.ohio.gov/coronavirus/resources/2020-002OHAG.pdf

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2) Sua sponte orders re: conditions No sua sponte orders regarding conditions have been released.

V. Indicative Litigation

In State ex rel. McArtor v. Kovack,50 143 N.E.3d 508 (Ohio 2020), the Ohio Supreme Court granted a stay as to all non-emergency in-person hearings, noting that their order does not preclude respondent, Judge Mary Kovack, from holding telephonic proceedings or proceedings via video conference.

In Pettus v. Warden, No. 1:20-cv-00187. Dkt. 22 (S.D. Ohio 2020), “the court denied the petitioner’s emergency application for a stay of execution because petitioner was unable to satisfy the four factors necessary for a preliminary injunction, noting in particular the petitioner's relatively young age (43) and lack of any underlying health conditions putting him at a higher risk of contracting COVID-19, despite the facility having numerous cases. The court ruled that the case law does not support “a finding of irreparable harm based on ‘generalized’ COVID-19 fears."

VI. Arguable successes of government agencies in addressing health and safety issues for individuals who are incarcerated in this jurisdiction ● Mass testing in facilities with major outbreaks

VII. Arguable failures of government agencies in addressing health and safety issues for individuals who are incarcerated in this jurisdiction ● Stopping mass testing after results came out that reflected poorly on ODRC’s management of the virus spread ● Not mandating masks for inmates and staff who interact with inmates on a statewide level

50 https://drive.google.com/file/d/1xp5jui2ZPWT4B8X9_gtTDdBK-nhq1O_z/view?usp=sharing

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● Not releasing more inmates from overcrowded prisons51 ● Not offering free soap to inmates

VIII. Overall conclusions about mechanisms for the immediate release of pre-trial, short-term, and medically vulnerable prisoners in this jurisdiction ● Motions for release have been largely unsuccessful, despite some applicants having underlying medical conditions ● Many inmates are being turned away from court for failing to exhaust administrative remedies ● The majority of motions have been filed in federal court; inmates might be better suited petitioning state court under state statutes ○ Ohio’s statute about release as if on parole may be a salient resource (Ohio Rev. Code § 2967.05; Ohio Admin. Code 5120:1-1-40; Ohio Department of Rehabilitation and Correction ○ (DRC) Rule 66-ILL-01 (April 5, 2016)) ● Inmates must identify irreparable harm caused by something more specific than “generalized COVID-19 fears”

IX. Questions presented by circumstances in this jurisdiction for further legal analysis ● Does ODRC violate their duty of care by not giving all inmates a sufficient amount of free soap to comply with CDC-recommended handwashing practices? ● Does the Governor, in stopping mass testing from going forward after learning about the high incidence of asymptomatic carriers, violate inmates’ Eighth Amendment rights?

51https://www.100daysinappalachia.com/2020/08/why-did-77-ohio-prisoners-die-of-covid-19- but-just-10-in-pennsylvania/

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● Does the ODRC Director violate her duty of care by not utilizing all possible mechanisms to reduce prison populations?

X. COVID-19 Resources of particular salience to individuals incarcerated in this jurisdiction during the pandemic Assessing Impact of Tolling Legislation and Supreme Court Order Upon Specific Time Requirements (step-by-step analysis providing courts with guidance in determining the precise impact of the tolling provisions of Am. Sub. H.B. 197 and the Supreme Court’s March 27, 2020, order upon specific situations) Tolling Legislation and Court Orders: Frequently Asked Questions Champaign County Court of Common Pleas, General Division: COVID-19 Jury Trial Protocol Ohio Supreme Court Coronavirus Page US COVID-19 50-State Tracker Ohio State Agencies Pandemic Plan Guidance Document Not too late to save lives: Flattening the curve in Ohio's prisons Part 2 Not too late to save lives: Flattening the curve in Ohio's prisons Why Did 77 Ohio Prisoners Die of COVID-19, but Just 10 in Pennsylvania?

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