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TABLE OF CONTENTS: ACKNOWLEDGEMENTS 2 EXECUTIVE SUMMARY 3 INTRODUCTION 5

PART I: A SERIES OF CRISES AT EVERY LEVEL OF INCARCERATION 7 THE BEGINNING OF THE VIRAL SPREAD 7 FEDERAL FACILITIES 9 OAKDALE F EDERAL C ORRECTIONAL INSTITUTION 9 IMMIGRATION DETENTION CENTERS THROUGHOUT LOUISIANA 13 STATE RUN FACILITIES 14 LOUISIANA STATE PENITENTIARY 17 LOUISIANA C ORRECTIONAL INSTITUTE FOR WOMEN 24 OFFICE OF JUVENILE JUSTICE F ACILITIES 26 LOCAL FACILITIES 30 ORLEANS PARISH PRISON 30 EAST BATON ROUGE PARISH PRISON 32

PART II: INADEQUATE AND HARMFUL GOVERNMENT RESPONSES 35 INITIAL STATEWIDE RESPONSE 35 CAMP J 35 REVIEW PANEL 37 HEALTH E QUITY TASK F ORCE 39 MISINFORMATION AND A LACK OF TRANSPARENCY 41 DEPLORABLE CONDITIONS OF CONFINEMENT 43 SOLITARY C ONFINEMENT AND LOCKDOWNS 44 NO OR INADEQUATE MEDICAL CARE 44 F ORCED LABOR IN DANGEROUS C ONDITIONS 46 FAILURE TO USE RELEASE MECHANISMS 47 FAILURE TO CONDUCT MASS TESTING 49

PART III: RECOMMENDATIONS 51 CONCLUSION 53 APPENDIX A: DEVELOPMENTS IN ADDITIONAL STATE FACILITIES 54 APPENDIX B: DEVELOPMENTS IN ADDITIONAL LOCAL FACILITIES 56 ENDNOTES 58

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ACKNOWLEDGEMENTS Throughout the COVID-19 Staff Contributors: pandemic, people locked in Mercedes Montagnes ACKNOWLEDGEMENTSprisons, jails, and detention Jamila Johnson centers across the state of Rebecca Ramaswamy Louisiana have been fighting for Nishi Kumar their lives. They and their loved Eddie Keith ones on the outside have Michael Cahoon displayed a level of strength, Katie Hunter-Lowrey endurance, and advocacy that is Ben Cohen unmatched. Since the early days Amber Thorpe of the pandemic in March 2020, Zoe Reier incarcerated people and their ...and all the staff at PJI and loved ones across the state CAP for sharing our clients’ have reached out to our office stories to tell their stories about how COVID-19 began to creep into Intern Contributors: their living spaces and upend Maya Chaudhuri their daily lives. Unlike those of Jacqui Oesterblad us on the outside, who are able Meredith Booker to make choices to social Eliora Mintz distance, control our Samantha Olivero surroundings, and maintain cleaning and sanitizing Partner Contributors: practices, those inside are Professor Andrea unable to engage in these basic Armstrong safety measures to keep Reverend Alexis Anderson themselves healthy. Dr. Anjali Niyogi

This report is dedicated to all the incarcerated people who became infected with COVID-19 and the family members of those who lost their lives to COVID-19 while incarcerated.

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EXECUTIVE SUMMARY Since the COVID-19 pandemic began sweeping across the United States in February 2020, STATE FACILITIES most Americans have changed Louisiana Department of Health their lives, habits, and the way • Guidance calling for depopulation they interact with others in mysteriously rescinded order to keep themselves and • Website reporting statewide numbers others safe. These behavioral does not include people in prisons shifts have been impossible in Camp J Plan carceral facilities. Administrators • State implemented plan to transfer all of prisons, jails, and detention COVID-19 patients to a previously centers across the country have shuttered, decrepit disciplinary unit at struggled to effectively respond Louisiana State Penitentiary—over an to the spread of COVID-19. In hour from the nearest reference hospital Louisiana, officials at federal, state, and local facilities have Lack of Testing responded poorly to the • DOC received 24,000 test kits between pandemic by failing to June and September and has only implement mass testing and administered just over 7,000 tests to preventative measures, incarcerated persons as of early December quarantining people in areas of (DOC has over 31,000 people within its prisons that had been immediate custody) previously closed due to Children decaying conditions, and failing • Office of Juvenile Justice cancelled all to provide adequate medical visitation and programming and limited care to those experiencing family contact to a few free phone calls a COVID-19 symptoms. This report week. Families had to pay for additional details how COVID-19 calls progressed through correctional • Children were pepper sprayed, placed in institutions across the state and solitary confinement, and locked in their how government officials have dorms for up to 23 hours per day failed to properly respond to the pandemic. Review Panel for Furlough • Only 1,200 people, 4% of DOC population,

Louisiana’s Oakdale Federal eligible for panel review for furlough Correctional Institution was one under narrow criteria of the first carceral facilities in • Panel disbanded in June with only 72 the country to reach crisis level individuals having been released—0.2% of once the pandemic began and DOC population was the site of the first

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confirmed COVID-19 death in a and transparency has obscured federal prison. At an ICE the rampant spread of the virus Processing Center, 79 women as well as its death toll. who asked for soap were instead trapped in a room and Part I of this report provides a pepper-sprayed. Weeks after timeline of COVID-19’s the pandemic hit Louisiana, the progression through Louisiana Department of Health correctional facilities throughout (LDH) issued its first guidance Louisiana. This section contains regarding prisons, which called first-hand accounts from those for depopulation, among other incarcerated and their loved actions—but this guidance was ones, combined with data mysteriously rescinded within obtained from government hours. As of early December, officials through Louisiana Louisiana Department of Public Public Records Law requests. Safety and Corrections (DOC) Part II discusses how the was reporting 2,586 confirmed government ¾including the COVID-19 cases and 31 deaths Governor, the Louisiana in the state prisons. At local jails Department of Health, and the and prisons, lack of reporting Louisiana Department of Public Safety and Corrections¾ provided an inadequate and FEDERAL FACILITIES harmful response to the Oakdale Federal Correctional pandemic, including by Institution disseminating misinformation, • “Ground zero” of federal prison system holding people in deplorable • Site of first confirmed COVID-19 death conditions of confinement, and in federal prison failing to use release • Justice Department found that Oakdale mechanisms and to conduct “failed to comply with federal health mass testing. Part III provides guidance” recommendations to Immigration Detention Centers • 79 women asked for soap and were pepper sprayed LOCAL FACILITIES

• 83 people pepper sprayed and left in Inconsistency room full of pepper spray after • Sheriffs’ responses varied dramatically requesting to be released or deported Lack of Transparency to escape threat of COVID-19 • Only 6 out of 64 parishes responded to • Employees initially forbidden from a data request from the State’s Health wearing masks Equity Task Force

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government officials for PJI on March 21 to express his controlling the continued fears about the virus and its spread of COVID-19 and spread: adequately responding to future public health crises. “My condition is getting worser by the day, I only have four years remaining until my release, but I INTRODUCTION am afraid I may die here

As COVID-19 began to spread because they have guards here throughout the United States in who have taken sick on the job February and March 2020, with corona symptoms and were incarcerated people across the taken out of here in ambulances. country, along with their I believe the virus is already here! advocates and loved ones, Several inmates have become began to raise the alarm that gravely ill, but DOC is not telling the media about this.” the virus could soon overtake correctional facilities nationwide. That worry was Across the country, there has well-founded. Prisons and jails been a collective failure to take foster conditions for viral steps to reduce the impact of spread. Namely, social COVID-19 on jail and prison distancing is impossible in these populations. The response in facilities, health care— Louisiana is no different. While particularly emergency care—is the government has a generally inadequate, and responsibility to keep everyone incarcerated people are more in the state safe, it has a special likely to have underlying duty to care for people in its illnesses and co-morbidities, custody. Detaining people which make them more likely to during normal times, as well as develop severe symptoms if during a global pandemic, they contract COVID-19 and requires state and prison require medical intervention.1 A officials to protect incarcerated recent study found that people people from cruel and unusual in jail and prisons are five and a punishment and to prevent half times more likely to be substantial risk of serious harm. infected with COVID-19 and The duty arises from the three times more likely to die immense restrictions that from the virus than the general incarceration imposes on population.2 One man people; while free people can incarcerated in Angola wrote to make decisions about whether to expose themselves to risks

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and take steps to protect confluence of incarceration and themselves and affirmatively poor health outcomes does not seek health care, incarcerated hit all Louisianans equally. people cannot. This disparity is While there are pre-existing magnified during the pandemic, racial disparities in both the as incarcerated people have no criminal legal system and in control over social distancing, public health indicators, access to personal protective especially for COVID-19 equipment (PPE), or seeking out patients, Louisiana has one of COVID-19 tests or other medical the highest gaps for these care. Louisiana, with high rates disparities.6 The legacy of of incarceration, an aging chattel slavery as well as inmate population, and centuries of systemic racism are diminished opportunities for at play in determining who is parole, assumes the most impacted by the pandemic responsibility of providing in Louisiana. Thus, an medical care. Even before the ineffective response to the pandemic, Louisiana had the pandemic further entrenches highest rate of prisoner deaths racial injustice. 3 of any state in the country, which is unsurprising given that Part I of this report provides a the state also spent the least chronology for how COVID-19 amount of money on health care spread throughout Louisiana’s per prisoner.4 prisons, jails, and detention

facilities and highlights efforts In Louisiana, COVID-19 has to stem the spread through disproportionately impacted legal action. Part II explains how people of color, particularly the State of Louisiana failed to Black people—in April, it was properly respond to COVID-19 reported that roughly 70 and continues to inadequately percent of the people who had address the ongoing public died of COVID-19 in Louisiana health crisis. Last, Part III were Black, even though Black provides recommendations for people make up only 32 percent actions that state officials can of the state’s population.5 This take to lessen the already disparity is even more catastrophic impact that COVID- pronounced in carceral settings, 19 has had on carceral facilities where Black and brown people immediately and for future are disproportionately outbreaks. represented. Further, the

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PART I: A SERIES OF CRISES AT EVERY LEVEL OF INCARCERATION Office of Juvenile Justice (OJJ) THE BEGINNING OF had tested positive by March THE VIRAL SPREAD 27.10 Also on March 27, the warden of Raymond Laborde Taking into account the pre- Correctional Center tested pandemic conditions, it was positive.11 clear to people who are incarcerated, their family and The first positive test result of a friends, and other advocates person incarcerated in a that Louisiana prisons and jails Department of Corrections-run would present an uncontrollable state prison occurred on March crisis once even a single case of 28 at Rayburn Correctional the virus reached them. From Center. 12 Two people detained the beginning, the virus spread in the East Baton Rouge Parish like wildfire through these Prison tested positive after facilities, where adequate social distancing was, for the most part, impossible, and staff members were coming in and out from the community. One of the first jail-related cases was a medical staffer at the Orleans Parish Prison, who was confirmed positive for COVID-19 around March 21.7 Allen, Jefferson, Lafayette, and Orleans Parish Prisons all had confirmed cases among detained people by March 24.8 Two state prison employees, including one maintenance staff member from Louisiana State Penitentiary (LSP), were confirmed to have tested positive on March 26.9 Three children in the custody of the

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Figure 1: Timeline of Initial Spread of COVID-19 in Louisiana Correctional Facilities transport to a local emergency facilities.”15 On April 8, when room on March 28 and 29.13 By there was a confirmed positive April 1, the DOC had confirmed case at almost every prison in cases among incarcerated the state, and over 18,000 cases people at two state prisons, in in the overall state population, a addition to staff working at group of over fifty faith leaders those and four other state called on Governor Edwards to prisons.14 That same day, an act quickly in advance of Easter incarcerated person reported Sunday.16 that people at Dixon Correctional Institute, one of the Deaths began soon thereafter. A prisons with confirmed cases, Louisiana State Penitentiary were “dropping like flies.” employee died on Good Friday, April 10.17 On April 20, the first Incarcerated people, loved incarcerated victim of COVID-19 ones, and advocates quickly was a 69-year-old man at LSP called for the state to take who was reported to have action. On March 16, a group of underlying health conditions.18 organizations that advocate for By then, both the warden and the rights of individuals the medical director of detained and imprisoned in Raymond Laborde Correctional Louisiana sent a letter to Center had died of COVID-19.19 Governor Edwards urging him “to immediately develop As news of these positive cases evidence-based and proactive and the deaths following soon plans for the prevention and thereafter emerged, detained management of COVID-19 in the and incarcerated people voiced Department of Corrections [and increasing concerns about the in] Louisiana’s jails and juvenile lack of an appropriate response

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plan. In the Orleans Parish these facilities has been Prison, people with underlying abysmal. A Marshall Project medical conditions spoke out to investigation found that BOP express concerns with the lack staff ignored symptoms of of available information and the COVID-19, did not separate sick quickly growing number of and healthy people, continued people with symptoms.20 At this to transport people between point, state and local facilities through early March, governments could have, and continued to work after should have, acted quickly to exposure to confirmed cases of contain the virus in correctional the coronavirus, did not follow settings and protect the health the social distancing plan, of incarcerated people and limited testing to conceal the communities throughout the extent of the spread, and state. But the government failed moved sick people into to act despite the pleas of many unconstitutional conditions of community members to do so. confinement.23

Because of the early and rapid FEDERAL FACILITIES rate of infection in Louisiana, the four federal facilities in The largest jailer in the country Louisiana, which house is the federal government. The approximately 4,300 Department of Justice oversees incarcerated individuals, quickly the Bureau of Prisons (BOP), became the first hotbeds of which held over 163,000 people coronavirus and likely increased at the beginning of the community spread across the pandemic.21 That does not region.i include the number of people in pretrial federal detention, Oakdale Federal Immigration and Custom’s Correctional Institution Enforcement (ICE) detention One of the first carceral facilities, or in U.S. Marshals facilities in the United States to Service custody.22 Yet the reach a crisis level was Oakdale federal government’s response Federal Correctional Institution to the spread of coronavirus in (Oakdale) in Oakdale, Louisiana. i According to the Bureau of Prisons website as of Louisiana, had a total population of 4,291. October 13, 2020, FCI Pollock, USP Pollock, FCI https://www.bop.gov/about/statistics/population_ Oakdale I, and FCI Oakdale II, which are located in statistics.jsp.

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24 The BOP did not respond to incarcerated men.29 Just two staff requests to suspend prison days later, on March 28, Patrick labor, provide specialized Jones was the first confirmed medical teams, and provide and reported COVID-19 death appropriate protective gear.25 for someone in federal custody.ii And despite confirmed positive Although BOP reported after his cases, staff were expected to death that Mr. Jones had continue to work so long as asthma, his mother and close they did not exhibit symptoms.26 friends disagreed, stating Mr. As early as March 18, staff were Jones did not have asthma or requesting to reduce potential any other pre-existing cross-contamination and to not conditions.30 move between the two different correctional facilities comprising Around the same time period, a Oakdale, a request the warden guard at Oakdale was admitted denied.27 On March 25, six to intensive care, thirty people incarcerated men were who were incarcerated at the hospitalized for COVID-19, and facility tested positive for the next day, three staff coronavirus, and at least sixty members tested positive for the people and an unknown number virus.28 That same day, Oakdale of staff at Oakdale were in established mandatory quarantine.31 By March 29, seven temperature checks for staff members had confirmed cases, and from there “it just hit the accelerator, and it went fast.”32 The first death on March 28 was quickly followed by a Justice Department’s inspector second on April 1, and two more general later reported, after a remote deaths on April 2.33 BOP officials inspection of Oakdale, that the facility did not put the prison on had “failed to comply with federal lockdown until two weeks after health guidance and left inmates with the crisis began, though staff the virus in their housing units for a continued to enter and exit the week without being isolated.” prison with only symptom screening, 34 working thirty or forty hours straight.35 By that

ii For more on Mr. Jones and his plans for the (Apr. 3, 2020), future, see Maurice Chammah, Coronavirus Ended https://www.themarshallproject.org/2020/04/03/c His Shot at a Second Chance, MARSHALL PROJECT oronavirus-ended-his-shot-at-a-second-chance.

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time, Oakdale had become isolation cell to die; people “ground zero for coronavirus in skipped work, including details the federal prison system.”36 involving cleaning and sanitizing, out of fear of As the death numbers climbed, contamination; and social Oakdale temporarily suspended distancing was impossible.41 The COVID testing of incarcerated lack of information caused persons; meanwhile, staff were confusion, resulting in a dangerously overworked, with “scuffle” when people assigned some nurses working forty-hour to general population objected shifts.37 Men continued to be to the return of people who had housed in cells of six, with many been in quarantine because it of those who were sick not had not been confirmed by removed from the general medical personnel that there population. They reported was no longer a risk of hearing the infected men infection.42 Staff who missed coughing throughout the more than three workdays nights.38 The Justice without a doctor’s note were Department’s inspector general referred to a disciplinary board later reported, after a remote that routinely docked their pay.43 inspection of Oakdale, that the By April 3, five incarcerated facility had “failed to comply persons had died of with federal health guidance coronavirus.44 In the meantime, and left inmates with the virus in staff with a temperature of 99 their housing units for a week degrees were cleared to come without being isolated.”39 into the facility to work.45

Though the city of Oakdale only After the death of five has one small hospital, the BOP incarcerated persons, the ACLU did not reach out to local or of Louisiana filed a petition for state government officials to writ of habeas corpus, as well coordinate a response, which as injunctive and declarative left politicians and community relief, on behalf of all members concerned that the incarcerated people at Oakdale prison could lead to community in Livas v. Myers. 46 Another spread.40 The inadequate person had died by the time the response from the BOP wreaked ACLU filed an emergency havoc within Oakdale. People motion for release of vulnerable did not report their symptoms and low-risk people on April out of fear of being put in an 13.47 Two days later, the seventh

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incarcerated person at Oakdale failure and tested positive for died.48 Following a visit to COVID-19.53 Mr. Escamilla was in Oakdale on April 17 with the the hospital for two weeks CDC and Louisiana Office of before his family was even Public Health, a BOP notified. They immediately went spokesperson commended the to the hospital where they facility for their compliance with watched through a window as CDC guidelines. Around this Mr. Escamilla passed away.54 Mr. same time, Oakdale was using Escamilla was scheduled to be an 18-wheeler as a mobile released two days before he morgue.49 died.55 Soon after Livas v. Myers was filed, the BOP changed While the ACLU requested the their policy so that people who release of more than 700 had served half of their incarcerated men who met the sentence could be considered criteria for early release or for early release.56 home confinement set out by the BOP, the BOP agreed only It was ultimately the prison to review 100 individuals under employee union that forced a these guidelines, and identified only 58 for potential release.50 Though Attorney General Barr had issued a memorandum encouraging the release of people in the custody of BOP, the process for release had actually slowed down at Oakdale after the onset of the pandemic.51 Warden Myers did not respond to any requests for compassionate release between March and May.52 Even those lucky persons designated and confirmed for release were not safe. For example, only days before he entered a mandatory quarantine to precede his release to home confinement, George Escamilla was taken to a local hospital for respiratory

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change in leadership at Oakdale. The union filed complaints with the Occupational Safety and Health At one point, 79 women asked Administration in late May, for soap and were instead alleging that Warden Rodney trapped in a room and Myers failed to notify them or pepper-sprayed. provide them with PPE after people incarcerated at Oakdale began testing positive for immigration law and have no 57 coronavirus. Warden Myers criminal record, yet they are was temporarily reassigned to a held in jail-like facilities despite central regional office within a their lack of any criminal week of the complaints, and on conviction or charge. While May 22, Myers was removed other agencies began to 58 from his position by the BOP. respond, albeit slowly and Around the same time, the BOP inadequately, to the COVID-19 reported that testing would be pandemic, ICE did nothing.61 offered to everyone in Oakdale There are approximately a 59 on a voluntary basis. The BOP dozen facilities in Louisiana in had also begun to provide which ICE detains noncitizens.62 employees with appropriate PPE From February to October of and post information about 2020, ICE reported that nearly social distancing and good 938 detained immigrants in hygiene practices throughout Louisiana had tested positive for Oakdale, but it was too little, COVID-19, with cases reported too late: ten people at each of the 13 detention incarcerated at Oakdale had facilities. At least one detained 60 already died. person had died.

In the first few weeks of the Immigration Detention pandemic, social distancing was Centers Throughout impossible at South Louisiana Louisiana ICE Processing Center, and no Unlike those in jails or prisons, attempts were made to provide the majority of the people detained people with cleaning confined in Immigration and supplies or PPE.63 At one point, Customs Enforcement (ICE) 79 women asked for soap and custody are suspected of were instead trapped in a room committing civil violations of and pepper-sprayed.64 Pepper

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spray is potentially hazardous. It spray.67 Guards also threw some can cause burning in the throat, people into the air or dragged wheezing, dry cough, shortness them across the floor, leaving of breath, gagging, gasping, “blood everywhere.”68 The and the inability to breathe or people detained at Catahoula speak. Pepper spray irritates the were concerned by the lack of wet, mucus-lined parts of the masks, no available disinfectant, body, including the lungs, the and no communication from main organs already under ICE.69 attack by COVID-19. Pepper spraying a person who has In addition, LaSalle forbade COVID-19 could inhibit the employees from wearing masks person’s ability to breathe, at the beginning of the potentially killing them. pandemic.70 At one of its Moreover, some of the possible facilities, Richwood Correctional consequences of pepper Center, people quickly began spraying, including cough and showing symptoms of COVID-19 shortness of breath, mirror the before the facility even began symptoms of COVID-1994 and to respond.71 Raúl Luna could potentially mask positive González began exhibiting cases. COVID-19 symptoms but was not tested until his story aired LaSalle Southwest Corrections, on Telemundo, despite his a private prison company, holds history of cancer, dependency a number of contracts in order on a colostomy bag, and the to detain noncitizens, local pre- death of two facility staff due to trial detainees, and state COVID-19.72 Luna went back and prisoners.65 In April, at Lasalle- forth between the hospital and run Catahoula Correctional dorms full of infected people, Center, a number of people who likening the dorms to a “Nazi had exhausted their legal concentration camp.”73 options requested to speak to ICE about release, including requests to be deported so that STATE RUN they might escape potential FACILITIES death in ICE detention from COVID-19.66 In response, guards As the pandemic began to deployed pepper spray on 83 impact carceral facilities across people and left them in the the country, the state of contained room full of pepper Louisiana initially failed to

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provide a plan for responding to Penitentiary and stopping public COVID-19 despite advocates’ tours.75 urgent calls. Then in April, weeks after the onset of the Despite a concerning level of pandemic in the state, the overcrowding even before the Louisiana Department of Health pandemic, Louisiana was clearly (LDH) issued its first guidance behind other states in creating regarding prisons, which called an actual response plan.76 They for depopulation, among other belatedly began to make plans actions—this guidance was that ranged from cruel and mysteriously rescinded in its punitive conditions to promising entirety within hours.74 The LDH developments. Unfortunately, has since failed to fulfill its the most promising plan, a duties as the state’s top health Review Panel to strategically agency, leaving medical release people from decisions solely in the hands of incarceration to mitigate the risk unprepared DOC officials. of viral spread in state prisons Notably, the Health Department and parish jails, was the one website reporting state-wide, that state officials spent the parish-by-parish data on least effort on. Because of these COVID-19 testing and infections failures, from March through the does not appear to include any beginning of December, 2,586 data from prisons.iii This incarcerated people and 599 inaccurate accounting makes it DOC employees were infected difficult to identify whether any with COVID-19, and 31 community spread has occurred incarcerated people and 5 staff from the cases in prisons, and had died.77 under-counts the overall cases in Louisiana. Secretary LeBlanc When the number of confirmed of the DOC claimed that the cases in DOC facilities state was curbing the spread exceeded 2,000 in September, with measures like canceling PJI noted that the rate of the rodeo at the Louisiana State positive COVID-19 cases was 247 percent higher for DOC staff iii Data downloaded from the Louisiana Health 22125951702, the Health Department reports Department website, titled “Cases and Testing zero testing and zero positive cases from February Data by Census Tract by Week” does not include 27, 2020, to November 19, 2020 (the latest date testing and cases that are known to be in prisons. listed as of December 8). LA. DEP’T OF HEALTH (last For example, in West Feliciana Parish, where visited Dec. 8, 2020), LSP/Angola accounts for census tract no. https://ldh.la.gov/Coronavirus/.

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than it was for the rest of the Morrison, DOC medical director, state. The DOC prison staff rate announced his departure in of death from COVID-19 was 20 April after only a year of percent higher than the state’s employment with the overall death COVID-19 death department.78 Dr. Randy rate. Lavespere, the medical director of Angola, was made interim In addition to failing to create an director, despite previously adequate plan to respond to the having had his medical license pandemic, leadership at DOC suspended and spending time in was inconsistent. Leadership prison for “purchasing $8,000 changes during a disaster are worth of crystal meth from an always concerning, but in both informant at a Home Depot of these scenarios, essential parking lot.”79 personnel were replaced with significantly less-qualified candidates. Dr. John E.

3000

2500

2000

1500

1000

500

0 March April May June July August September October November

Incarcerated Infections Staff Infections

Figure 2: Monthly COVID-19 infections in DOC facilities (data from end of each month)

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0 March April May June July August September October November

Incarcerated Deaths Staff Deaths

Figure 3: Monthly COVID-19 deaths in DOC facilities (data from end of each month)

Louisiana State Camp J, a closed down disciplinary facility at LSP, and Penitentiary (2) because of the ongoing At the Louisiana State abysmal and unconstitutional Penitentiary (LSP), commonly medical care preceding the referred to as Angola, pandemic compared to other incarcerated people faced prisons.iv People incarcerated at increased risk of infection (1) LSP reported dire conditions in because of the State’s plan to dorms that hold over 80 people transfer anyone who tested in close quarters. In the first few positive across Louisiana to weeks of March, one iv In 2015, PJI filed suit on behalf of the over 6,000 in the case. incarcerated men at LSP to challenge the https://promiseofjustice.org/2020/03/31/pji-files- constitutionally inadequate medical care provided for-temporary-restraining-order-to-prevent- there. Although a federal judge indicated that pre- transfer-of-sick-people-to-notorious-angola- pandemic medical care at LSP was prison/ unconstitutional, no opinion has yet been entered

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incarcerated man at Angola dorms were exposed to COVID- wrote to PJI saying, “we are 19. A man incarcerated at being told to ‘socially distance’ Angola wrote to PJI about what ourselves but are packed into he experienced during these these dormitories like sardines.” lockdowns in a letter:

The inevitable first confirmed “A few weeks passed before we case at LSP came on March 28.80 were all locked down in As more people became sick in quarantine and our movements the following days, prison staff greatly restricted. It was several claimed it was the flu and weeks later from the start before refused to test the many people the DOC gave us masks to wear who were visibly ill. When there and started checking our were no attempts at mitigation temperature twice a day. All measures or social distancing, during this time various inmates people reported buying food from other dorms came down from the commissary to avoid with the virus. Simultaneously going to the cafeteria, which several security guards caused the commissary to run contracted the virus elsewhere out of food. and introduced it to the inmate population at Camp F. [...] Early on, LSP was not equipped Meanwhile, we are made to with disinfectant wipes, suffer. Personally, I am afraid my adequate hygiene supplies, or muscles may never recover from PPE. Facility officials continued inactivity. I’m getting bed sores in to require the men to work in a certain spot from sitting up the fields with no social reading for lack of anything else distancing practices or other to do. The noise in my dorm is safety measures. There was an sometimes deafening and I’m overall lack of preventative forced to wear earplugs or go measures being taken by staff crazy. We have no idea how long and within the facility, causing one man to describe all of the men at Angola as “sitting ducks” for the virus. When there were “We are being told to ‘socially positive test results, dorms at distance’ ourselves but are around 170 percent capacity packed into these dormitories were put on lockdown, making like sardines.” social distancing impossible and almost ensuring that entire

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we will be locked up in isolation loved ones to have wills made or have to suffer the indignity of and provide information about not getting paid anything and how they wanted their affairs being considered a slave.” handled if they were to die from COVID-19.81 One person who was Prison guards reportedly told formerly on death row told PJI incarcerated people that they that he felt as though his “death were ordering plenty of body sentence has been reinstated” bags. A few weeks later, prison as he watched people around guards told a line of people that him fall ill, one by one. the prison had a room full of body bags stacked floor to The stress was visibly getting to ceiling. Some could see the staff. In one instance, according construction of a tent outside to people inside the facility, and rumors swirled that it was prison guards responded to to hold all the dead bodies. people with severe mental Unsurprisingly, incarcerated illnesses by pepper spraying people reached out to their them multiple times a day to

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stop the screaming. ignored his reports of difficulty Additionally, people would be breathing and eating, and released to the recreation yard regular vomiting. He did not eat only to find that quarantined for at least a week in April. He dorms with people recently lost ten to fifteen pounds in exposed to coronavirus were under two months. This entire also on the yard. Staff time, he remained in his reportedly punished people who dormitory with no regular care tried to prevent exposed people from medical staff and in close from entering their dorms by proximity to other people. Those sending them to quarantine. One around him took care of him, man at LSP reported that he bringing him Ensure to keep him was written up for holding a from starving. He bought Vick’s door closed to prevent people vapor rub from the commissary, from entering a quarantined and someone brought him Alka area. Seltzer and cold medicine. He even tried eating garlic and sweating out the virus. He saw a doctor after repeated advocacy Prison guards responded to from his sister, but the doctor people with severe mental only talked to him and illnesses by pepper spraying performed no physical them multiple times a day to examination. Thankfully, he recovered from the virus. stop the screaming.

Times of desperation demonstrated the resilience and collective solidarity of people The medical care provided to incarcerated at LSP. When the those with symptoms indicated authorities failed to take that the prison was in denial meaningful steps, some people about the spread and severity of incarcerated at LSP dubbed COVID-19. One person fell sick themselves the “COVID police.”82 around March 1, began to They tried to disinfect as many submit sick calls on April 1, and surfaces as they could, reported six medical stretching out their meager emergencies between April 1 supplies as much as possible.83 and April 23. Each time, medical Incarcerated people began to staff took his blood pressure organize just to make sure soap and temperature, but they was available for handwashing:

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They distributed the soap they had, coordinated supplies LSP staff were limiting medical among areas of the prison by care and only testing those with buying, bartering, and trading, severe symptoms of COVID-19, and ultimately put a bar of soap particularly high fevers.84 by every faucet. Once they had Months into the pandemic, LSP soap, everyone was washing had 5,500 coronavirus tests their hands until they ran out. available but only tested a few They organized to make as hundred people.85 To date, LSP many masks as they could. They has still not engaged in mass turned the gym into a mask testing despite having operation, making masks out of thousands of tests available and four layers of cotton. While a documented plan for mass prison officials had no regard testing as early as mid-April.86 for the lives of those at LSP, However, they did choose to those incarcerated there figured conduct more than 1,000 tests out ways to try to slow the of staff by late June, resulting in spread without any support a 19 percent positive rate.87 Not from the administration. only did officials choose to remain ignorant about the spread of the pandemic by not testing incarcerated men, but they also appeared to be rationing medical care.

People were not being taken to see doctors or nurses because staff with no medical experience were screening for medical intervention.88 In the first case that would end in death, John “Cap” Cantrello kept calling for help. Staff took his temperature three times and, despite his visible hyperventilating and serious underlying medical conditions, he was not taken to see a doctor because his fever remained under 100 degrees.89 He died days after being taken

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to Our Lady of the Lake reporting coughs, aches, Hospital.90 The next man to die fatigue, chest pains, and at LSP, Lloyd Meyers, had stomach pains, and people who trouble breathing, eating, and passed out at the height of the moving, but was refused first wave in LSP, were not medical care because his fever treated for COVID-19.96 They was not high enough.91 He died were told they were dehydrated within a day of being moved to or had gas.97 Sick men were left a hospital.92 Further, it is unclear in their dormitories to recover, that the screenings were even patients were returned to taking accurate temperatures; quarantined areas, and staff some people reported they had continued to move freely among readings as low as 93 or 94 different areas of the prison.98 degrees, which, if accurate, would mean they needed For those who had underlying emergency treatment for health issues, which includes a hypothermia.93 While fevers disproportionate number of have been identified as one of people among incarcerated the primary symptoms of populations, COVID-19 moved COVID-19, a large proportion of quickly and was often deadly. COVID-19 patients requiring For example, Robert Tassin Jr. hospitalization do not exhibit was hospitalized on May 6 after fevers of 100 or greater experiencing respiratory degrees, making these distress. Mr. Tassin already had screenings ineffective.94 late-stage thyroid cancer and Incarcerated people who chronic obstructive pulmonary expressed concern about these disease (COPD) and was in the policies experienced retaliatory process of attempting to obtain write-ups and placement in medical release to live his lockdown. remaining days outside prison. Unfortunately, on May 11, the At least four of the twelve day before his sixty-third people who died of COVID-19 or birthday, he passed away after related complications at LSP by testing positive for COVID-19. the end of June were initially denied medical care because their symptoms were not severe enough by the prison’s standards.95 A ProPublica investigation found that people

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Michael Williams, a man remembered his dad saying, incarcerated at LSP, passed “Son, I’m going to die in here.” away from COVID-19 on May 9, Michael’s family and lawyer, 2020, at the age of 70. When Allyson Billeaud, called the Michael and his sister Terry facility repeatedly asking for talked on May 3, she could tell Michael to be moved to the that he sounded strange. The hospital, but they were told that next night, a friend of Michael’s he did not have COVID-19. By called Terry to tell her that he the time that Michael was was sick. Given his symptoms, transferred to a hospital on May Michael was put into isolation 7, he was in critical condition. for multiple days. Yet, when he He tragically lost his life to the was on the phone with his son virus two days later.99 Kevin, he told Kevin that he was not being treated. Kevin

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When transfers among facilities Institute for Women (LCIW) are resumed, there were challenges split between local jails, figuring out how to isolate transitional programs, and two people newly arrived at the prison buildings repurposed prison. In late July, a person from their previous roles who arrived at LSP was placed housing men and children—a in an unknown disciplinary building at the Elayn Hunt area—not Camp J—because he Correctional Center in St. had a fever. He was told it was Gabriel (LCIW-Hunt) and the because he had COVID-19, but former Jetson Center for Youth he tested negative. For three in Baker (LCIW-Jetson).v Long days, he was held in a single before the novel coronavirus cell with heavy bars and grates became a concern, the LCIW on the door. The grates kept out warden warned that the “women any breeze from the hallway [were] literally living on top of fan, making it “hot as hell.” He one another,” exceeding density was not given a sheet or a accreditation standards set by shower. When he was taken to the American Correctional see a doctor, he was made to Association.100 Dorms held up to walk in ankle shackles despite 80 women each with beds two his pre-existing limp. He was feet apart.101 Louisiana’s first then taken to Camp J even mass testing in an incarcerated though he had not tested setting was conducted in early positive. June at the two women’s prisons, revealing a widespread Louisiana Correctional outbreak.

Institute for Women Gloria Williams, affectionately The 1,600 incarcerated women known as “Mama Glo” and in Louisiana Correctional Louisiana’s longest-incarcerated v Louisiana has not had a dedicated women’s 2020), prison since the Louisiana Correctional Institute https://www.theadvocate.com/baton_rouge/news/ for Women (LCIW) flooded in 2016. Emma Discher, coronavirus/article_ed45ea90-a696-11ea-a89d- Louisiana Women’s Prison Finds Flood Recovery a 8b66acee5f8f.html; Grace Toohey, ‘Temporary Has Slow, Difficult Road, THE ADVOCATE (Feb. 3, 2017), Become Permanent’ for Displaced Inmates of https://www.theadvocate.com/baton_rouge/news/ Flooded Louisiana Women’s Prison, THE ADVOCATE crime_police/article_0c550bea-e8d7-11e6-9182- (Apr. 20, 2019), 6fcb99933532.html; Lea Skene, After Louisiana https://www.theadvocate.com/baton_rouge/news/ Women’s Prison Flooded in 2016, Temporary Dorms crime_police/article_0fcebfb8-5d6b-11e9-bac5- Inundated with Coronavirus, THE ADVOCATE (June 7, f7b4ee1d77f0.html.

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woman, was hospitalized with COVID-19 on April 18.102 She was 73 at the time and had recently been recommended for clemency by the state Board of Pardons and Parole.103 Then, on April 22, a woman named Dorothy LaVera Pierre died at the age of 60 in Our Lady of the Lake Regional Medical Center while she was incarcerated at Hunt.104 Dorothy was the third incarcerated person to die of COVID-19 in Louisiana, 105 and she had been scheduled for a hearing with the Louisiana Board of Pardons and Parole on May 18—less than a month after her death.106 At the time of her death, 97 incarcerated women had tested positive for COVID- 19 in Louisiana, including 42 in a Gloria “Mama Glo” Williams single day—making LCIW the women housed at Hunt had source of the most confirmed tested positive, as well as 41 cases of COVID-19 in the staff on the dorm.109 At the time, Louisiana DOC system, despite DOC’s policy of only testing its relatively small size.107 More symptomatic people had than half of the women who yielded only 299 positive tests tested positive exhibited among incarcerated people symptoms.108 statewide, 64% of them among women.110 Officials first After the high-profile conducted mass testing in the hospitalization and death at a female dorms at Hunt, finding single facility in the course of a 87 percent of about 200 women week, and with positive tests were infected.111 Then they spiraling out of control, the DOC tested everyone at Jetson as initiated mass testing at LCIW. well, which revealed that about In a press conference on May 5, 62 percent of almost 300 the DOC spokesperson reported women were infected.112 Many of that 192 of the around 195 the COVID-19 cases captured by

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the mass testing program were clemency, she is still asymptomatic.113 incarcerated.

Inside Hunt and Jetson, officials In early May, a second woman had women sleep head-to-foot died at Hunt. She was 47 years to try and “increase their old and was sentenced to breathing zone.”114 In early June, twenty years for two counts of The Advocate reported that drug possession, enhanced women were being separated under “habitual offender” laws.118 into sick and healthy “cohorts” Notably, while the men who within the dorms.115 The women’s died of COVID-19 at LSP were facilities did not have the between the ages of 63 and 84, capacity for medical isolation or the women were younger—aged individual cells.116 Further, 60 and 47.119 As of early according to reports from those December, reportedly none of inside, Jetson does not have the 182 cases of COVID-19 any on-site medical facilities among women at Jetson has and had to transport any ended in death.120 incarcerated woman exhibiting symptoms to another location, Office of Juvenile Justice increasing the risk of exposure to others and community Facilities spread. As of early December, the women at Hunt were reporting that, as a result of a …only 30 children had been large outbreak of COVID-19 among the men held at the tested for COVID-19, and 28 of facility, staff had been almost those had tested positive entirely neglecting the women, including serving food hours late, for weeks. Since the beginning of the

pandemic, Louisiana’s Office of Meanwhile, Mama Glo, who had Juvenile Justice (OJJ) has had been placed on a respirator in three different directors. As intensive care, was transferred steady leadership throughout a back into Hunt on May 9.117 She crisis is vital to ensuring the was placed back in a large, confidence of the response, crowded dorm with between 70 these rotating deputy and 80 other women. Despite secretaries are a source of being recommended for concern. The first deputy

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secretary was James Bueche, approximately 220 children. OJJ who had worked within the DOC officials confined the for almost 17 years.121 On March approximately 220 children to 25, the Governor named Edward their dorms for 23 hours a day Dustin (Dusty) Bickham as the when they needed to be interim Deputy Secretary after quarantined. 124 They also Bueche abruptly resigned.122 On cancelled all visitation and August 7, the Governor programming, including announced that William (Bill) school.125 The children were left Sommers would be taking over only able to contact their the position on September 7.123 parents through a few free phone calls a week, the families OJJvioperates four youth had to pay for any additional detention centers, known as calls. OJJ attempted to provide secure-care facilities, which one fifteen-minute zoom video collectively confine call a week. In describing the

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Figure 5: Total Number of COVID-19 Cases Among Children as Reported by OJJvi vi Data was compiled by PJI using data from the JUVENILE JUSTICE, https://ojj.la.gov/ojj-covid-19- OJJ website. OJJ COVID-19 Information, OFFICE OF information/ (last visited Dec. 8, 2020).

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impact this had on her son, one getting sick. I am worried about mother said, “he got very my son’s safety and well- depressed and withdrawn from being.”130 everybody. It’s frustrating to me ’cause that’s not how he On July 3, 2020, the federal was.”126 judge rejected the children’s request to furlough them or safely release them if they were close to the end of their “They don’t care. It’s not like sentence.131 Although school I’m a stranger or just a friend instruction had resumed on wanting to get information. I’m June 8, children’s parents and his mother.” advocates remained concerned about a lack of testing and limited communication about their child’s health or with their On May 14, 2020, the Promise of children directly.132 After not Justice Initiative, Juvenile Law being told about her son going Center, the Law Office of John to the hospital for a kidney Adcock, and the international issue and being quarantined, law firm O’Melveny & Myers one mother said, “I feel filed a civil rights suit in federal helpless. Nobody ever has court on behalf of the children, answers. Your child is just ranging in ages from 12 to 21, another number. You sit there who were incarcerated in OJJ’s for days on end, sick to your four secure-care facilities.127 On stomach, not knowing. It’s a the day the lawsuit was filed, waiting game. It’s a horrible, only 30 children had been horrible feeling. They don’t care. tested for COVID-19, and 28 of It’s not like I’m a stranger or just those had tested positive.128 In a friend wanting to get addition, 41 staff members had information. I’m his mother.”133 tested positive, indicating that the true number of positive As of December 17, 2020, OJJ cases among the children was reports that 46 youth and 99 likely much higher despite a staff have tested positive for lack of testing due to the high COVID-19.134 The rate of staff infection.129 One disproportionate number of staff mother said “The staff are testing positive compared to the coming back and forth into the youth indicates that OJJ is still facility and my son is scared of not implementing widespread

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testing of youth in their care. Further, the increase in youth- positive cases between August and October were all attributed to the Acadiana Center, indicating that this may be the only facility conducting any kind 194 of testing. People tested positive out of the 460 tested No state prison was left at Elayn Hunt untouched by the virus. Though Correctional Center we may never know the extent of the pain and suffering people experienced in Louisiana prisons during the pandemic, incarcerated people, advocates, asymptomatic.136 In September, and journalists were able to Dixon had 61 dialysis patients, expose some of the experiences who are at increased risk of of people in state prison. COVID-19 due to their kidney failure. Their family members, For example, Dixon Correctional faith leaders, and medical Institute, the only state prison professionals were publicly and with the capacity for treating privately pushing state and dialysis patients, had their first facility officials to send these confirmed positive cases at the men on medical furlough to a beginning of April with those proper medical facility for care inside reporting they were or to release them. The state “dropping like flies.” At least responded by temporarily three of the first people to get moving some of the dialysis sick were taken to the infirmary patients to Elayn Hunt in wheelchairs, given Ibuprofen, Correctional Center. and returned to their dorms without being quarantined or A large COVID-19 outbreak was socially distanced until the next reported among the men day. Officials did not start mass incarcerated at Elayn Hunt testing until late August, at the Correctional Center in same time the facility had its November 2020. As of first death.135 Of the 600 men December 3, there were 81 tested, 331 tested positive and current positive cases and a 303 of those were total of 194 people had tested

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positive out of the 460 who had sentenced to state prison time been tested. There were two serve their sentences in local reported COVID-19 deaths at parish jails and prisons. The the facility. It was also reported local facilities were excluded that the outbreak had affected from all state reporting.139 the facility’s hospital orderlies, and incarcerated men were being threatened with punishment if they did not work When the State’s Health Equity in the Skilled Nursing Unit—with Task Force requested data no training at all—to fill in for from sheriffs across the state, the sick staff. only 6 of 64 parishes responded to this call. For information about developments in other state facilities, see Appendix A.

Orleans Parish Prison LOCAL FACILITIES Given the quick spread of coronavirus in New Orleans, it is When the pandemic began, unsurprising multiple people experts quickly identified jails detained in the Orleans Parish as sites that could potentially Prison (OPP) tested positive by explode the level of infection in March 23. OPP officials did not a community. Of all types of make this public; instead, the carceral institutions, jails are information became public uniquely positioned to spread when detained people infection because of their high contacted advocates from the rate of “churn,” where people Orleans Parish Prison Reform are booked and released in Coalition. By late April, 97 short time periods.137 Sheriffs’ individuals at OPP had tested responses to COVID-19 varied positive, with hundreds of other 140 dramatically across the state. tests awaiting results. In a rare When the State’s Health Equity example of proactive decision- Task Force requested data from making, the Orleans Parish sheriffs across the state, only 6 Sheriff’s Administration decided of 64 parishes responded to this to implement mass testing at call.138 This low response is OPP and expressly chose not to particularly concerning given send people detained in OPP to that 13,485 men and women Camp J, claiming those infected

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in OPP were being effectively measures that the Sheriff’s quarantined.141 However, Department chose to reduce the prosecutors objected to incarcerated population were attempts to rectify the situation undermined by the New Orleans by refusing attempts to reduce Police Department145 and District bond, arguing that releasing Attorney’s Office, who incarcerated individuals would continued to arrest and risk spreading coronavirus to prosecute people as if it were the general public.142 business as usual.146 Prosecutors chastised public defenders for However, jail officials still failed trying to “exploit” the pandemic to take sufficient measures to to get their clients released control the virus in OPP. In early from custody, with the April, some detained people spokesperson for the District had no access to masks or soap. Attorney’s Office stating the People detained there were pandemic was not “a time to becoming so concerned that encourage lawlessness.”147 they contemplated a hunger However, the Sheriff’s strike. As of April 16, 326 out of Department complied with 803 people detained in OPP had release orders and joined public been tested for coronavirus, defenders in asking judges to with about 30% testing positive. increase the number of people People who exhibited severe being released from OPP, 148 symptoms were taken out of the cutting the jail population by a jail to a hospital. By late April quarter.149 Though the courts two employees had died, and ordered a limited number of over 70 employees had tested positive.143 In early May, a detained person reported that a dorm full of people recovering from COVID-19 had no gloves, bleach, or hand sanitizers and only had masks that were weeks old.

Even before the virus likely reached the jail, public defenders called for the release of people detained in the jail on non-violent offenses.144 Any

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people released, a significant individuals with coronavirus.156 portion of the incarcerated FEMA and the sheriff’s office population detained pretrial had gave conflicting dates on when no recourse because there were the renovations are projected to no trials being held, bonds had be finished, with Sheriff Gusman not been set, or they had a remaining silent on whether the parole hold.150 Even when project would replace larger- people might have been eligible scale efforts to reduce the jail for release, there was confusion population by curbing arrests over habeas jurisdiction and for minor offenses.157 delays in mandatory hearings.151

After an initial decline of the East Baton Rouge Parish virus, OPP experienced a spike Prison in late May, with 94 confirmed In mid-March, East Baton Rouge cases reported on May 20.152 Parish Sheriff Sid Gautreaux said Though Sheriff Marlin Gusman there were no cases of reported on June 18 that OPP coronavirus in the prison, but had taken measures to admitted that one case inside eradicate coronavirus among the facility could rapidly the incarcerated individuals and spread.158 Shortly thereafter, in staff, 153 Christian Freeman, who late March, the prison had its was detained for charges first confirmed case, leading related to his experience with prison officials to move 94 substance abuse, died suddenly incarcerated people into after collapsing at the facility on quarantine.159 According to June 25.154 During the autopsy, it reports from inside the facility, was confirmed that he was at first no one could get a positive for coronavirus.155 COVID-19 test unless they had a Despite the possibility of future fever of 100.4 degrees. Around waves, on July 31, OPP shipped April 9, hospital staff extended eighty-one people to other tests to everyone displaying facilities around the state. symptoms, which was still a limited approach. As more In late August, Sheriff Marlin people began to fall ill in the Gusman quietly released a plan prison, detained people to spend $9.3 million, including reported cruelty when they $7 million of FEMA funds, to asked for help. They were renovate a vacated jail building pepper sprayed, isolated, and to house incarcerated denied food. When detained

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people tried to report the and prosecutors, public concerning conditions to the defenders, and judges worked mayor, she shared their reports together to identify people for with the warden, who had a talk release even if they could not with the detained people but afford their bonds, reaching a took no steps to address the ten-year record low for the conditions. By mid-April, over pretrial population.162 50 people had tested positive.160 The prison responded by Even with these population moving individuals who tested reduction measures, over 1,000 positive to a part of the jail that people were still sharing had been shut down in 2018 or confined spaces without a transporting them to the possibility for social hospital if necessary.161 distancing.163 By mid-May there were 93 confirmed cases of In response to rising cases, the coronavirus inside the facility.164 criminal legal system came On May 27, in response to the together to reduce the local ballooning number of cases pretrial population. Law inside the prison, the enforcement focused arrests on Advancement Project and the serious and nonviolent charges, Center for Constitutional Rights

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filed a lawsuit seeking a March and October, with over temporary restraining order on half of the cases occurring in behalf of incarcerated April. There have also been individuals for the ongoing and recent reports that the prison is serious risks inside the facility.165 no longer quarantining people Sheriff Sid Gautreaux and for 14 days, because they do Warden Dennis Grimes, not have enough space. defendants in the federal suit, claimed they had the pandemic For information about under control and were strictly developments in other local following public health parish facilities, see Appendix B. guidelines.166 Meanwhile, plaintiffs like Devonte Stewart, who developed high blood pressure after being exposed to COVID-19, claimed that the prison did not follow testing or quarantine procedures when bringing new individuals into general population.167 Ultimately, like other litigation seeking release, the motion for a temporary restraining order was denied.168

In general, East Baton Rouge Parish Prison has been unwilling or unable to share information regarding the status of the pandemic at the facility. In response to a public records request, the sheriff’s office indicated that it has no information regarding the total number of COVID-19 tests administered to its incarcerated population or how many had tested positive. The office reported a total of 41 staff confirmed staff cases between

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PART II: INADEQUATE AND HARMFUL GOVERNMENT RESPONSES

The state of Louisiana and its court to provide an parishes have responded in unconstitutionally inadequate ineffective and harmful ways to level of medical care.169 Prior to the pandemic behind bars. being permanently closed in Instead of implementing May 2018, Camp J experienced common-sense reforms to significant mold and flooding, reduce the spread of COVID-19 and conditions within were in statewide facilities, the described as worse than death State’s response has been row.170 Camp J was designed as woefully inadequate to contain a disciplinary unit, where the virus and properly identify people who had broken rules or and treat those infected with it. had behavioral issues would be held in solitary confinement, which is not an appropriate INITIAL STATEWIDE replacement for ethical medical isolation and could potentially RESPONSE worsen the crisis.171 Jerome Morgan, a formerly incarcerated person who was held in solitary Camp J confinement at Camp J, One of the only fully described the plan as implemented plans from the effectively “punishing them for State was the decision to have being sick.”172 local jails send incarcerated people who tested positive for This plan subjected people who COVID-19 to Camp J at LSP in were potentially at risk of losing lieu of providing them with their lives or sustaining lifelong appropriate medical care in a injury to conditions that likely hospital setting. increased risk of disease and death. In fact, this plan directly Camp J is not a healthcare contravened LDH and CDC facility—it is a previously recommendations to transfer shuttered unit notorious for its infected people to healthcare cruel conditions, and it is facilities.173 LSP, where Camp J located within LSP, a prison that is located, is situated over an was recently found by a federal hour away from the nearest

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reference hospital. The State therefore opted to concentrate incarcerated COVID-19 patients from all over the state—a disproportionate number of whom are elderly or otherwise medically vulnerable—in a remote facility with no hospital nearby. Moreover, the DOC’s own policy stated that it was preferable for infected people to remain in local facilities rather than be transported, which has the potential to spread the disease even more.174 But when the state was Figure 6: Photo of mold in Camp J challenged to come up with a shortly after camp closure plan to respond to the looming impact of the pandemic in needed IV machines or oxygen prisons and jails, they chose to masks, and many had co- sacrifice any modicum of morbidities that significantly respect for incarcerated increased their risk of severe 177 people’s health and safety. symptoms. Despite these increased risks, the limited Once people were experiencing medical staff working in Camp J serious COVID-19 symptoms were unprepared to care for and tested at their origin facility, anyone who suddenly which likely meant they had developed severe symptoms or been contagious for days, they required hospitalization because were transferred to Camp J.175 Camp J was neither a healthcare Less than two weeks after the facility nor had it been transfers began, there was converted to a makeshift 178 already a critical shortage of healthcare center. The closest medical staff: The ratio of hospital to LSP, West Feliciana nurses to patients in Camp J Parish Hospital, had no medical isolation was already ventilators and was not dangerous at 1:20 in mid-April.176 prepared to care for patients 179 Some of the people brought to requiring intubation. A number Camp J were experiencing of incarcerated people symptoms so severe that they represented to a federal court that they were concerned they

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would not receive medical care Camp J (part of the prison that should their symptoms become was deemed inhuman due to its severe.180 conditions) for 34 days, under extreme conditions (no A/C, no About a month after the plan drinkable water as well as being went into effect, there were housed in a cell filled with rust about 134 patients in Camp J.181 and mold) while already dealing People who had been with a respiratory infection.” transferred there reported that they were being housed in a dormitory setting with very sick Review Panel patients.182 PJI; the Southern In mid-April, as the pandemic Poverty Law Center; and law began to reach crisis level in firm Orrick, Herrington, and state prisons, the state Sutcliffe brought litigation in announced a Review Panel that Gumns v. Edwards on behalf of would consider furloughs for people who had been 1,200 people in DOC custody transferred to Camp J or were at who were within the final six risk of being transferred to months of a sentence for a Camp J. Despite the dungeon- nonviolent, non-sex-offense, like conditions and abysmal making up only 4 percent of the medical care for infected population in DOC custody.183 people, U.S. District Judge Furlough required five out of six Shelly Dick found the plan possible votes from the panel.184 passed muster. Judge Dick In practice, few individuals from focused on features like a new the already very narrow pool of air conditioning system, which eligible incarcerated people itself might increase spread were ever released. based on new information about the spread of coronavirus. When the Governor moved the State to Phase Two on June 1, In June, a man incarcerated in 2020, the DOC chose to disband St. Bernard Parish was the panel despite high rates of transferred to Camp J and wrote coronavirus in state facilities to PJI: and 14 deaths.185 When the panel was discontinued, only 63 “I tested positive for Covid-19 people had been released of and was shipped off to Louisiana the potential 1,200, comprising State Prison – Angola on 0.2 percent of the total number 4.30.2020, where I was housed on in DOC custody.186 PJI has racial

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data for only a portion of the incarcerated people for months people who were reviewed by unnecessarily during the the Panel, but that limited data pandemic. As of November 4, suggest that the Panel was those individuals reviewed by more likely to grant furlough to the Panel had been held for a white individuals over Black combined total of at least individuals.vii 97,819 days past review.187 At a cost of $26.39 per day, viii the The incredible narrowness of state spent over $2,549,000 the furlough plan cost the State incarcerating people who were millions of dollars. Between within the final six months of those who were eligible for their sentences for nonviolent, review but denied release by non-sex-offenses—during a the panel, and those who were pandemic. These funds could granted release but not actually have been spent on testing, released immediately, the DOC PPE, hospital equipment, vii PJI has racial data for 319 individuals who were viii Prior to July 1, the cost was $25.39. The difference reviewed by the Panel. Of those, 61% were Black, and between pre- and post-July incarceration costs is 39% were white, but only 48% of those granted accounted for in this calculation. furlough were Black, while 52% were white.

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isolation facilities, staffing, disparities are likely higher in vaccine availability, or countless Louisiana prisons and jails other resources that could have because of the pre-existing helped, rather than hurt, disparities in the criminal legal Louisianans. system.

On October 20, 2020, On June 15, the Subcommittee Representative Ted James on Special Populations for introduced HR37, which Prisons, made up of experts on requests that the Department of public health and incarceration Public Safety and Corrections in the state, released their reconvene the COVID-19 report and recommendations.190 Furlough Review Panel.188 That They reviewed a significant legislation passed the Louisiana amount of material, including House of Representative two reports from incarcerated days later and was presented to people, and made immediate the Secretary of State. However, recommendations, including: it remains to be seen whether the Governor will re-start the 1. The Governor should appoint review panel. a Statewide Independent Health Monitor over all jails Health Equity Task Force and prisons; In another plan to respond to 2. Decarceration or controlled the virus, Governor Edwards evacuation to enable proper convened a Task Force social distancing; intended to identify the impact 3. Evacuate all positive patients of COVID-19 on vulnerable to medical facility for populations, including observation/treatment; incarcerated people. This was 4. Enable social distancing as an important step to help the cornerstone of mitigation; address the racial disparities in 5. Prioritize testing, hygiene, deaths from COVID-19 in and sanitation; Louisiana. Namely, Black people 6. Adopt measures to address make up one-third of the state’s COVID-19 related mental population, but more than half health concerns; and of the COVID-19 related 7. LDH to work in collaboration deaths.189 Although we do not with DOC to provide real- have racial data for the time, publicly available data infections or deaths in on COVID-19 deaths, cases, correctional settings, the racial and facility COVID-19

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preparedness and response protocols. 191 HEALTH EQUITY TASK FORCE Despite these reasonable, JULY RECOMMENDATIONS evidence-based, and urgent recommendations, the State 1. We recommend the governor took almost no steps to appoint a Statewide Public implement them. Each Health & Corrections COVID-19 recommendation was key to Coordinator to work in close reducing viral spread and saving collaboration with a team to support jails and prisons in lives, while also maintaining the complying with CDC and OSHA rehabilitative goals of our guidelines and make criminal justice system. In recommendations regarding August, the Health Equity Task pandemic practices, policies, and Force produced another report, procedures in prisons and jails; with modified recommendations from the Subcommittee on 2. Decarceration or controlled Special Populations for evacuation to enable proper 192 social distancing; Prisons. The new immediate recommendations were as 3. Ensure appropriate health care follows, with emphasis added to treatment, including evacuation the recommendations that were where symptomatic, for all significantly modified from the incarcerated people who test July report. positive;

4. Enable social distancing as the The two changed cornerstone of mitigation; recommendations are less stringent and inevitably require 5. Prioritize testing, hygiene, and less work on behalf of the state sanitation; and less accountability to 6. Adopt measures to address ensure that prisons are meeting COVID- 19 related mental health national guidelines and properly concerns; and evacuating incarcerated people 7. LDH to work in collaboration with COVID-19. Despite these with DPS&C to provide real- changes, only meager steps time, publicly available data on have been taken to implement COVID- 19 deaths, cases, and these recommendations. The facility COVID-19 preparedness state’s inaction here and response protocols. demonstrates an indifference towards the health and lives of

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incarcerated people and surrounding communities.

MISINFORMATION AND A LACK OF TRANSPARENCY

As the COVID-19 pandemic initially unfolded, it was understandable that information and government strategy would change quickly, just as our understanding of COVID-19 evolved. But that does not explain or justify the intentional misinformation and the lack of transparency from state and local agencies about the virus’s spread in correctional institutions. The DOC made misrepresentations—regarding the steps that it was taking—to incarcerated people and their families, the public, and the courts.

Family members calling about loved ones often received continued to receive conflicting misinformation. Michael information until they were told Williams was experiencing Mr. Williams was close to death, severe symptoms by the time less than a week after Mr. he was allowed to call his Williams initially reported family.193 When the family and symptoms to his family.196 He his attorney contacted LSP was declared brain dead before officials, they were told Mr. his family could get to the Williams did not have hospital.197 coronavirus.194 He was soon hospitalized.195 His family

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Publicly, DOC officials reported symptomatic people at a single that people incarcerated in state point in time in their dorm.201 prisons were provided with two Even when the DOC did provide masks that were washed and numbers, they were hard to sanitized daily.198 But decipher and outdated.202 incarcerated people reported Additionally, because so many that they were struggling to get incarcerated people in DOC any masks nearly two months custody are held in local parish into the pandemic, and in jails, determining the true response, members of Voices of number of people exposed to the Experienced (VOTE) hand COVID-19, tested for it, or delivered masks to the DOC.199 positive in each facility and under state or local custody Further, by refusing to conduct was impossible.ix mass testing at LSP, despite the availability of tests, and In a court case challenging the reporting only the positive conditions at Rayburn results of symptomatic people, Correctional Center, a federal the DOC was able to report judge found it “troubling that unbelievably low test results for DOC officials, at least at such a large and overcrowded Rayburn, have apparently prison.200 In fact, the disregarded the importance of methodology made public social distancing in preventing health experts suspicious that the spread of this unique the numbers were inaccurate. disease.”203 Further, after hearing Incarcerated people often gave testimony from incarcerated more realistic assessments of people, Judge Jackson found the rate of infection just by their statements “credible” and reporting the number of that they had “paint[ed] a very ix More than half of all incarcerated people serving prison population drops, Louisiana sheriffs ask for sentences under state custody are held in local jails more money, NOLA.COM (Apr. 18, 2019), instead of state prisons. Local jails house people in https://www.nola.com/news/article_ce3f6329- state custody for a daily per diem and use that d9fe-55f4-a295-97db50afe4ff.html; Anat Rubin et money to supplement their budgets. At the time al., Inside the U.S.’s Largest Maximum-Security that the pandemic began, 13,844 incarcerated Prison, COVID-19 Raged. Outside, Officials Called people in state custody were in one of the over 100 Their Fight a Success, PROPUBLICA (Jun 24, 2020), parish jails statewide. Louisiana Profile, PRISON https://www.propublica.org/article/inside-the-uss- POLICY INITIATIVE, largest-maximum-security-prison-covid-19-raged. https://www.prisonpolicy.org/profiles/LA.html (last visited Oct. 30, 2020); Julia O’Donoghue, As

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different picture” from what maintaining conditions of DOC officials had reported.204 confinement that violate our When people incarcerated in values of decency and state prisons heard the humanity. The response by discrepancies between the officials in Louisiana was no DOC’s public statements and different. their lived realities, they reached out to advocates, loved Louisiana has a long and storied ones, and journalists in an effort history of detaining and to tell their truth.205 It is only incarcerating people in because of their tireless efforts particularly cruel conditions. that we have a genuine This was exacerbated by the understanding of the DOC’s pandemic. People were moved response. into areas at LSP and East Baton Rouge Parish Prison that were The State’s responsibility for previously considered candor is particularly important uninhabitable, due to their age, when caring for people in decaying state, and mold custody because of the physical infestations. Prison officials cut barriers these populations have off rehabilitative activities that to communication with the are essential to daily life for outside world. State officials not incarcerated people. only failed to meet these responsibilities with respect to Most importantly, prison incarcerated populations, but conditions are unconstitutional they also affirmatively engaged in misleading behavior that calls for further investigation.

DEPLORABLE CONDITIONS OF CONFINEMENT

Across the country, prisons responded to COVID-19 by cancelling visitation, requiring incarcerated people to remain in their dorms or cells, and

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when they create a substantial confinement a form of torture risk of serious harm. The that should be uniformly continued detention of people banned, making it particularly who were eligible for release by cruel to impose upon people multiple mechanisms, as experiencing or exposed to a outlined below, during the life-threatening illness. pandemic was cruel and unusual because it put each and every one of them at substantial No or Inadequate Medical risk of the worst possible harm: Care death. As previously mentioned, facilities across Louisiana were Solitary Confinement and already failing to meet the Lockdowns constitutional floor for Principally, correctional officials healthcare for incarcerated responded to COVID-19 or people, which is a very low bar. exposure to the virus by placing This was particularly true at LSP people in solitary confinement and the East Baton Rouge Parish or putting portions of a facility Prison. on lockdown. For example, at LSP, people who exhibited Still, the medical care fell symptoms were placed in sharply at many of these isolation that was akin to facilities during the pandemic solitary confinement.206 Solitary because of overwhelmed confinement is distinct from medical staff, insufficient ethical medical isolation supplies, and an unprecedented because it is punitive, keeps pandemic. Clinical care at LSP people under the control of remained suspended as of early correctional rather than medical December. staff, and subjects people to cruel conditions with long-term One family member who negative physical and contacted PJI wrote “I just got a psychological effects.207 call from my son from Angola. He is frantic because his Solitary confinement likely medical needs are being deterred people from reporting ignored. In the past I called and symptoms and led to increased pestered the powers that be to viral spread. Additionally, the help him, but it has not been United Nations and human working lately. It has been two rights bodies consider solitary

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attention because it is a waste of money, since it almost never results in them getting to see a $3-$6 doctor. Placing a sick call at = cost of placing a LSP costs between $3 and $6 if sick call at LSP it is an emergency—which is a significant expense for people who earn between two and 2¢-20¢/hour twenty cents per hour. The = an incarcerated prison had temporarily stopped charging for sick calls during person’s wage the pandemic, but PJI has at LSP received reports that the charges have since resumed. years since he was lasted tested Amidst it all, prison medical for his hep-C.” A man staff continued to accuse incarcerated at East Baton incarcerated men of Rouge Parish Prison reported “malingering”—pretending to be that he was not being given his sick to avoid going to work or to blood pressure medication, and gain some other benefit.208 failure to control his blood Malingering is generally pressure would heighten his risk punished with transfer to a of severe symptoms if he were disciplinary unit or placement in to contract COVID-19. A woman solitary confinement, reported that she was not consequences that most receiving her seizure medication individuals would not be likely and that her diabetes was being to risk during the pandemic. poorly managed. A cancer and Assuming malingering can lead COVID-19 survivor at Raymond to legitimate and life- Laborde Correctional Center threatening symptoms being said that he had blood in his ignored. Moreover, in a time stool, but medical officials were when every headache and sign refusing to give him a of fatigue is cause for anxiety colonoscopy. among people who are not incarcerated, the threat of being Several men incarcerated at punished for malingering can LSP have reported that they do lead to underreporting of not bother to place sick calls symptoms, and thus when they need medical unidentified positive cases of

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COVID-19, among incarcerated Parish work release program populations. were subjected to unsanitary conditions and inconsistently provided masks.212 These same Forced Labor in laborers had worked at a poultry plant until late March, when Dangerous Conditions civilian employees began to test Nationwide, there have been positive for coronavirus.213 widespread discussions about workplace conditions and working from home since the onset of the pandemic. But little of those discussions have been The following day, he continued focused on forced labor in to report that he was ill, after prison settings or work release which the warden threatened him programs at local jails. Though and officers choked him until he correctional institutions was unconscious. statewide shut down visitation and some transfers between prisons, both of which are potential avenues for spread of Where work release programs the virus, many parish jails did come to a halt, there was no continued their work release corresponding change in the programs, moving detained number of hours that people people back and forth between participating in the program 209 jails and communities. were required to work to complete their sentence. This On April 3, when a person effectively extended their participating in the East Baton release date and increased their Rouge work release program confinement beyond what was reported symptoms of COVID- originally intended. 19, he was given homeopathic remedies and sent back to his At LSP, which is a former slave 210 cell. The following day, he plantation that continues to continued to report that he was operate their fields with forced ill, after which the warden labor, those assigned to work in threatened him and officers the fields continued to choked him until he was intermittently do so with no 211 unconscious. He was not alone social distancing. According to in this kind of abuse. People reports from those inside, they participating in the Ouachita

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went in and out of the prison disciplined for refusing to move with no precautionary health or into those decrepit conditions, which would likely ensure exposure to the virus: “I am a baker at Camp F. I was sleeping I am a baker at Camp F. I was in the dorm . . . and the Warden sleeping in the dorm . . . and came and told me to pack my the Warden came and told me stuff to go to Camp J. He to pack my stuff to go to wanted me to move to Camp J Camp J. He wanted me to to work. I told him I wouldn’t go move to Camp J to work. I told and he wrote me up and locked him I wouldn’t go and he wrote up me and another person in a me up and locked up me and cell for refusing to go. I was another person in a cell for worried about my health if I refusing to go. I was worried went to Camp J. I was in about my health if I went to administrative segregation for Camp J. I was in administrative five days. Before that, I hadn’t segregation for five days. had a write up in many years.” Before that, I hadn’t had a write up in many years.” Prison and jail staff did little, if anything, to protect incarcerated laborers, who screening measures taken. essentially run much of the day- People who refused to work in to-day operations of the the fields during the pandemic facilities. were sent to lockdown. Those who built coffins for the prison graveyard and lay them in the FAILURE TO USE ground experienced an increase in work as they lay so many of RELEASE their brothers to rest.214 MECHANISMS Incarcerated people assigned to the kitchen or to do Population reduction was more maintenance work were being urgent in Louisiana than required to enter Camp J, where perhaps anywhere else in the the COVID-19 patients were world because of how crowded being housed. At one point, the state’s facilities were. Some kitchen staff were even told jails began population reduction they would have to move into efforts early while state and Camp J. One person was federal facilities lagged.215 The

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only element of the state’s plan Release Center in Calcasieu to release incarcerated people Parish reached out to PJI’s in DOC custody, the Review office in April. The individual’s Panel, went largely unfulfilled mother was serving a sentence and underutilized. Civil rights that required completion of attorneys filed class action certain classes. Not only were lawsuits, individual motions for the classes suspended, making relief, and habeas petitions on release impossible, but all work behalf of incarcerated people had been suspended, leaving seeking to be released. her detained for no reason. Advocates across the state Another man was denied pardon called for releases. For the most by the board because he lacked part, the litigation was the requisite classes, but such unsuccessful and the calls went classes are not available on the unheeded. hospital ward where he is being held. Another possible release mechanism is pardons. Governor In other situations, individual Edwards has absolute control judges blocked release because over pardons, but he failed to of a misunderstanding of the sign any until mid-July, at which potential crisis at hand. In point he signed a grand total of Calcasieu Parish, judges, six. Many of the people whose prosecutors, and court staff met pardon petitions are awaiting to discuss public defender the governor’s signature are Harry Fontenot’s argument that medically vulnerable, including nonviolent people should be a cancer patient with a 6-month released to mitigate the effects prognosis. of COVID-19 in jail.216 In advance of the meeting, 14th Judicial Another issue that prevented District Court Judge David the release of incarcerated Ritchie texted his colleagues people who were nearing the that people using drugs had end of their sentence was that such poor hygiene, second only their release was contingent on to people experiencing mental the completion of certain illness, that they would be at classes or programming, which greater risk of infection if was suspended at the beginning released.217 These inaccurate of the pandemic. For example, generalizations showed a clear the family member of someone misunderstanding of the danger at the Cedarwood Manor Work of viral spread in confined

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settings. Yet, Judge Ritchie including infection. Quadriplegic continued to have control over patients are at increased risk for and deny the release of respiratory (breathing) detained people.218 complications. Another patient suffers from cardiovascular In New Orleans, it was disease, history of stroke, prosecutors making absurd diabetes mellitus, and arguments. Public defenders in hypertension. All pleas for New Orleans immediately acted release have gone unanswered. on behalf of medically vulnerable clients, filing Unfortunately, almost every motions to lower bonds so actor at every level in the people could be released system contributed to this before the virus spread through failure to use release the jail.219 Prosecutors responded mechanisms. Those responsible with boilerplate language for ensuring justice and the arguing that the criminal safety of our state and local defendants would actually communities abandoned this increase the public’s risk of duty. Rather, they equated infection.220 This opposition safety with maximizing the ultimately increased the risk for number of people behind bars. all of the New Orleans This is wrong based on community by increasing the evidence about public safety likelihood that facility staff and incarceration, and gave no would be exposed and consideration to the ways in contribute to community spread. which mass incarceration puts all of us at risk of infection. Our To date, faith leaders and politicians and government medical practitioners have leadership must end their requested the release of vicious commitment to mass approximately fifteen medically incarceration. vulnerable patients across the state facilities. For example, one patient is paralyzed from the FAILURE TO neck down, and as a result has CONDUCT MASS developed bed sores and a neurogenic bladder, which TESTING requires a catheter to collect his urine. He has developed The National Institute of Health complications from the catheter, states that widespread COVID- 19 testing “saves lives” and is

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one of the ways that will allow the DOC), as of December 4, us to eventually return to our 2020.224 normal lives.221 However, most facilities failed to implement Ironically, the most any kind of universal, serial comprehensive study of serial testing even when they had testing for coronavirus was access to an abundance of conducted in an unnamed tests. DOC only tested 10 Louisiana state prison. The LDH percent of the state prison and CDC began the system between the beginning investigation after staff and of April and early July.222 Over 40 incarcerated people tested percent of those tested were positive for coronavirus positive for coronavirus.223 between late March and early April.225 Seventy-one of 98 people across five dormitories tested positive for coronavirus during the serial testing period.226 Only about half exhibited symptoms during this period.227 The findings demonstrated the importance of serial testing rather than simply screening for symptoms. The state should heed this evidence-based recommendation. Its failure to According to the Louisiana do so has likely contributed to Department of Health (LDH), the the continued spread of the DOC was sent 24,000 tests disease in correctional facilities between the first week of June and the resulting deaths. and the second week of September. However, the DOC website states that they have only tested 7,155 incarcerated people and fewer than 2,114 staff (the DOC reports a total of 2,114 staff tested, but notes that most staff testing is self- reported, not administered by

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PART III: RECOMMENDATIONS

The government entities responsible for incarcerated people in the state of Louisiana cannot expect that quick or superficial changes will solve the horrific and pervasive problems described herein; rather, these entities must enact systemic changes to ensure that the rights and health of detained and incarcerated people are being protected during times of disaster and disease.

1. Reduce the use of incarcerated people about the incarceration as a punishment pandemic in state facilities; tool, particularly life without 8. Affirmatively develop plans to the possibility of parole, and provide effective medical reduce the use of pre-trial care to all people detention. incarcerated in jails or prisons; 2. Immediately implement the 9. Amend the Basic Jail July 2020 recommendations Guidelines to require from the Governor’s Health pandemic plans by local Equity Task Force; parish prisons holding people 3. Give the Health Equity Task for DOC in local parish prisons Force the authority issue and include within those plans updated findings and mechanisms for reporting that recommendations for the would allow DOC to reflect duration of the pandemic; the status of its entire 4. Begin universal, serial COVID- incarcerated population, 19 testing in all carceral along with other best institutions in Louisiana and practices; continue for the duration of 10. Pass legislation in the pandemic; consultation with medical 5. Appoint an independent experts to: monitor to ensure compliance • Require all facilities to with CDC guidelines; prepare and implement 6. Ensure the DOC, OJJ, and pandemic plans in local jails have leadership compliance with CDC qualified to respond to guidelines; pandemics, especially future • Maintain a list of all waves of the coronavirus, and detained or incarcerated other disasters; people with two or more 7. Convene a committee to comorbidities and develop investigate the misinformation a plan for furlough and provided to the public and

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home confinement of confinement centers— these individuals; report the number of • Require facilities to coronavirus tests maintain a stock of PPE available, number of tests and other equipment conducted, number of necessary for disasters; positive tests. and number • Fund and require CDC- of people exhibiting approved pandemic COVID-19 symptoms or training for DOC, OJJ, and receiving treatment for local jail staff to be COVID-19 on a daily basis administered by a to the Louisiana dedicated division of the Department of Public Louisiana Department of Health, which will then Health; make anonymized data • Require all medical staff available to the public; who work in DOC, OJJ, • Mandate that the DOC, and local jail facilities to OJJ, and local jails use all undergo training on release mechanisms malingering and client- available to them during centered healthcare in states of emergency; and correctional settings; • Codify alternatives to • Prohibit the use of solitary incarceration that can be confinement for medical used during times of reasons when ethical emergency without medical isolation is requiring increased and appropriate; unnecessary surveillance • Require the DOC, OJJ, and or financial burdens. local jails to provide every detained or incarcerated person free weekly video or phone calls during states of emergency and/or when visitation has been suspended for the facility; • Mandate that every institution—including mental health facilities, local jails, prisons, juvenile detention, and

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“In the end, it will be impossible to know if we overreacted or did too much, but it will be quite apparent if we under reacted or did too little.”

– Louisiana Business Emergency Operations Center228

like behind bars, organizing CONCLUSION cleaning crews, making masks, and caring for each other when Indeed, it is clear that the state the state failed to care for them. has done too little, and the little they did came too late. Despite We can no longer allow the its constitutional and moral effects of statewide disasters to obligations to protect those in disproportionately kill its care, the state expended incarcerated people, among little to no effort on those in its whom our Black and brown custody. Efforts by a few were community members are vastly overwhelmed by contempt from overrepresented after the many, resulting in the generations of racial violence deaths of at least 31 and oppression. We must bear incarcerated people over a 7- witness to their suffering and month period.x their losses since the onset of the pandemic, and we must In these difficult times, people demand that this never happen detained and incarcerated again. 228 across Louisiana have proven a strength and compassion that our state and local governments have been lacking. They have shown us what mutual aid looks x As of December 4, 2020, the Louisiana people, and 600 total positives and 5 deaths Department of Public Safety & Corrections’ among staff members. COVID-19 Inmate Positives, tracking website was reporting 2,588 total LA. DEP’T OF CORRECTIONS, positive cases and 31 deaths among incarcerated https://doc.louisiana.gov/doc-covid-19-testing/.

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filed a request for release in APPENDIX A: April, citing his pre-existing DEVELOPMENTS IN conditions and the facility’s lack of a plan for combating the ADDITIONAL coronavirus.232 In Marlowe’s complaint he alleged a STATE FACILITIES complete lack of social distancing, sanitary supplies, or The first confirmed case at hygienic measures. The spread Allen Correctional Center was continued into the summer.233 around July 2. Though the entire Another individual reached out dorm was quarantined and to PJI in early May, saying: everyone was required to wear masks, there were between 100 “I told the warden about our and 200 people in quarantine by concerns and he just laughed. late July. I’m so hurt because I feel like my safety isn’t a concern to them. So Rayburn Correctional Center I have to protect myself. I’ve was one of the first to report made the decision to stop a confirmed positive cases, with much needed treatment until this five positive cases by April 2.229 pandemic is over to protect There were seventeen cases myself. I feel what’s important to less than two weeks later. There me isn’t important to the was no social distancing, administration”. minimal cleaning supplies, and infrequent use of PPE.230 On June 12, there were forty- Dangerous conditions in five positive cases, and several Rayburn Correctional Center units in the prison were on were highlighted in late April lockdown. People were not during a federal court case. even being brought out of their Though he did not believe he dorms to eat or make legal was in a position to order calls. On August 21, the DOC individual releases, U.S. District announced Edward “Dusty” Judge Brian Jackson wrote that Bickham would take over as the officials “have apparently new warden after leaving his disregarded the importance of interim position as OJJ deputy social distancing in preventing secretary.234 the spread of this unique disease.”231 Incarcerated The warden and the medical individual Christopher Marlowe director of Raymond Laborde

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Correctional Center were among At Elayn Hunt Correctional the first deaths related to the Center, incarcerated people spread of coronavirus in working for Prison Enterprises Louisiana prisons.235 But there were tasked with making hand were signs of the coronavirus sanitizer using donated supplies even earlier. There was a flu from ExxonMobil and other outbreak in the third week of manufacturers.236 However, the March, though incarcerated over 14,000 bottles of hand people were concerned that it sanitizer that had been made by could be COVID-19. According April 2 were not used to prevent to reports from those inside, the spread of COVID-19 within incarcerated people were told the prison, but rather to be in late March that there were shipped out elsewhere.237 At the eight confirmed cases and same time this hand sanitizer noticed a sudden decrease in was being made by those staffing levels. Multiple people incarcerated, the prison was were removed from their dorms sending people to be because they had COVID-19 in quarantined as early as March the first week of April. Guards 19, according to reports made began wearing gloves and to PJI. masks, but no incarcerated people were provided gloves or masks. They began to take everyone’s temperature, but only responded to sick call requests that involved a life- threatening emergency.

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control in correctional APPENDIX B: settings.”241 Even after this DEVELOPMENTS IN partnership, a man wrote to us in July pleading for help and ADDITIONAL saying “[t]he virus is still spreading because they have us LOCAL FACILITIES mixed up and don’t give us [no] medicines at all…” Franklin Parish Detention Center is located in Winnsboro, In early April, in Natchitoches Louisiana and led by Warden Detention Center, detained Chad Lee.238 On March 24 there people were given one bar of were no reported cases within soap every other week and had the parish, but this changed no access to hand sanitizer. quickly, with three positive People in the facility were cases reported the next day.239 almost entirely confined to their In April, Franklin Parish dorms, leaving only for sick Detention Center began taking calls or infrequently when the measures to slow the spread of dorms were cleaned. Sick coronavirus by sending 10 people were not removed from infected individuals to Camp J the dorms, officers did not wear in Angola.240 One man masks, no medical staff were incarcerated at the detention screening for symptoms, and center expressed concern about they were not given any way to how the facility was handling social distance. By May, they the virus: were receiving two masks per week but the facility had made “…intentional neglect is no other changes. unnecessarily exposing me to the risk of contracting the virus A person detained at the St. which may result in death due to Tammany Jail reported that as me being an (1) diabetic (2) of April 2, the only precaution [having] asthma (3) [and having] staff were taking was hepatitis C and I also have a distributing soap and a bucket mental health problem.” of soapy water for the floor each day. She reported that the In May, the Franklin Sheriff’s jail felt chaotic and as if no one Office partnered with the was in charge. The jail reported Centers for Disease Control in its first confirmed positive case an “effort to understand virus on April 17, at which point other

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people were already exhibiting by confiscating their cleaning symptoms.242 supplies. As tensions increased between incarcerated people In mid-April, the Tangipahoa who wanted the prison to take Parish Jail still had not taken basic protective measures and any measures to protect officers who refused to do the detained people beyond bare minimum, it felt like a suspending contact visits. “po[w]der keg waiting to go off….” In the last week of July, Riverbend Detention Center there was a large outbreak at reported some of the highest the facility. Over fifty detained rates in the state. There was no people had tested positive in hand sanitizer, soap, or masks. the jail as of July 29. It is likely In a dorm of 180 detained that hundreds of detained people, 130 had tested positive people were actually infected in late June. The people who because the jail was only had tested positive were not testing symptomatic people, being separated from those who and up to 80 percent of had not. Sick people were told coronavirus cases are mild or to return to bed and were not asymptomatic.244 By mid-August, permitted to take showers. 196 of the 406 people Many of these people had incarcerated there had recently been exposed to contracted COVID-19. Officials carbon monoxide repeatedly believe the virus spread through after there were leaks in the jail. asymptomatic individuals Exposure to carbon monoxide coming to the facility after their over long periods of time is arrest, prompting screening associated with heart disease, 243 procedures at arrest to be which in turn is likely to ramped up.245 By the end of increase risk of severe or fatal August, St. Charles Parish COVID-19 symptoms. sheriff Greg Champagne said the situation had much In the first few days of April, a improved with new testing person incarcerated at St. protocols, with only five positive Charles Nelson Coleman cases, all of which were Correctional Center reported quarantined together.246 that officers were refusing to wear masks. When incarcerated people reported this dangerous behavior, the officers retaliated

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ENDNOTES

1 Rita Rubin, The Challenge of Preventing COVID-19 Louisiana (July 1, 2019) Spread in Correctional Facilities, JAMA MEDICAL NEWS https://www.census.gov/quickfacts/LA. & PERSPECTIVES (Apr. 7, 2020), 6 Samantha Springfloat, Louisiana Health Disparities https://jamanetwork.com/journals/jama/fullarticle (2018), /2764379. https://www.arcgis.com/apps/Cascade/index.html 2 Andrea Armstrong, Editorial, COVID-19 Infections ?appid=9ea2ab95c9a74c419b5364c6796716cf. in the Prison System Concern Us All, LA. ILLUMINATOR 7 Matt Sledge, New Orleans Jail Staffer Tests Positive (July 12, 2020), for Coronavirus, Raising Fears About Further Spread, https://lailluminator.com/2020/07/12/covid-19- NOLA.COM (Mar. 21, 2020), infections-in-the-prison-system-concern-us-all/; https://www.nola.com/news/coronavirus/article_d Brendan Saloner et al., COVID-19 Cases and Deaths 30c370a-6baf-11ea-ab1e-07aab6f88674.html. in Federal and State Prisons, JAMA MEDICAL NEWS & 8 Tweet from VOTE. PERSPECTIVES (July 8, 2020), 9 Matt Sledge, Two Louisiana Prison Staffers, https://jamanetwork.com/journals/jama/fullarticle Including Angola Employee, Test Positive for /2768249. Coronavirus, NOLA.COM (Mar. 26, 2020), 3 Alex Greer, Louisiana is No. 1 in U.S. for prisoner https://www.nola.com/news/coronavirus/article_e deaths, NOLA.COM (updated July 19, 2019), 947332a-6f70-11ea-83bf-8fb78c8ff09c.html. https://www.nola.com/entertainment_life/health_f 10 Matt Sledge, 3 Youths in Louisiana Custody Test itness/article_59d47aff-8408-5972-8d62- Positive for Coronavirus, NOLA.COM (Mar. 27, 2020), b71f4238e155.html#:~:text=1%20in%20U.S.%20fo https://www.nola.com/news/coronavirus/article_1 r%20prisoner%20deaths,- 6c1aa6e-7044-11ea-b054-8bc33633446b.html. NOLA.com%20%7C%20The&text=The%20United 11 Lea Skene, Avoyelles Prison Warden Tests Positive %20States%20has%20the,the%20Bureau%20of%2 for Coronavirus, Under Quarantine, THE ADVOCATE 0Justice%20Statistics. (Mar. 27, 2020), 4 Matt McKillop, Prison Health Care Spending Varies https://www.theadvocate.com/baton_rouge/news/ Dramatically by State, PEW (Dec. 15, 2017), coronavirus/article_2c8b1d96-7074-11ea-8eb7- https://www.pewtrusts.org/en/research-and- 57170ff59a6d.html. analysis/articles/2017/12/15/prison-health-care- 12 Jacqueline Derobertis, Louisiana State Prison spending-varies-dramatically-by-state. Inmate Tests Positive for Coronavirus; 1st Confirmed 5 Gordon Russell and Sam Karlin, Coronavirus Case at a State Facility, THE ADVOCATE (Mar. 28, disparity in Louisiana: About 70% of the victims are 2020), black, but why?, NOLA.COM (Apr. 6, 2020), https://www.theadvocate.com/baton_rouge/news/ https://www.nola.com/news/coronavirus/article_d coronavirus/article_67ac4350-716e-11ea-8cb5- 804d410-7852-11ea-ac6d-470ebb61c694.html. 6bee98b98550.html. Black Louisianans comprise around one-third of 13 Rachel Thomas, Nick Germillion, & Kiran Chawla, the general population, but 67.5% of the state 2 EBR Inmates Test Positive for COVID-19; Wing of prison population is Black. Louisiana Department of Prison Quarantined, WAFB (Mar. 30, 2020), Public Safety and Corrections Briefing Book (July https://www.wafb.com/2020/03/31/ebr-inmate- 2020), https://s32082.pcdn.co/wp- tests-positive-covid-after-reported-drug- content/uploads/2020/08/Full-BB-Jul-20.pdf; overdose-wing-prison-quarantined/. United States Census Bureau, Quick Facts

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Prchal Svajlenka, Data on the Coronavirus Outbreak 14 Lea Skene, Inmates at Two Louisiana State Prisons in Immigration Detention Offer More Questions than Have Tested Positive for Coronavirus, THE ADVOCATE Answers, CTR. FOR AMERICAN PROGRESS (June 16, (Apr. 1, 2020), 2020), https://www.theadvocate.com/baton_rouge/news/ https://www.americanprogress.org/issues/immigra coronavirus/article_038231d6-7458-11ea-ab41- tion/news/2020/06/16/486338/data-coronavirus- db912b7d629f.html. outbreak-immigration-detention-offer-questions- 15 Letter from Louisiana organizations to Governor answers/. Edwards (Mar. 16, 2020), 23 Blakinger, supra note 21. https://www.splcenter.org/sites/default/files/coali 24 Kimberly Kindy, An Explosion of Coronavirus Cases tion_letter_to_governor_edwards_re_covid_19_pre Cripples a Federal Prison in Louisiana, WASH. POST vention_and_protection_in_louisiana_facilities.pdf. (Mar. 29, 2020), 16 Faith Leaders Across Louisiana Urge Governor to https://www.washingtonpost.com/national/an- Use Emergency Powers for Release of Detainees, explosion-of-coronavirus-cases-cripples-a- WGNO (Apr. 9, 2020), federal-prison-in- https://wgno.com/news/faith-leaders-across- louisiana/2020/03/29/75a465c0-71d5-11ea- louisiana-urge-governor-to-use-emergency- 85cb-8670579b863d_story.html. powers-for-release-of-detainees/. 25 Id. 17 DOC Confirms Angola Staff Member Died from 26 Joseph Neff and Keri Blakinger, Federal Prison COVID-19-related Complications, WAFB (Apr. 10, Agency “Put Staff in Harm’s Way” of Coronavirus, 2020), https://www.wafb.com/2020/04/10/doc- MARSHALL PROJECT (Apr. 3, 2020), confirms-angola-staff-member-died-covid- https://www.themarshallproject.org/2020/04/03/f related-complications/. ederal-prisons-agency-put-staff-in-harm-s-way- 18 Inmate at Louisiana State Penitentiary Succumbs to of-coronavirus. COVID-19, WBRZ (Apr. 20, 2020), 27 Janet Reitman, Something is Going to Explode: https://www.wbrz.com/news/inmate-at-louisiana- When Coronavirus Strikes a Prison, NEW YORK TIMES state-penitentiary-succumbs-to-covid-19/. (Apr. 28, 2020), 19 Lea Skene, Coronavirus Hits Louisiana Prisons: https://www.nytimes.com/2020/04/18/magazine/ Medical director, head warden, first state inmate die, oakdale-federal-prison-coronavirus.html. 28 THE ADVOCATE (Apr. 20, 2020), Id. https://www.theadvocate.com/baton_rouge/news/ 29 Id. coronavirus/article_697c5eb6-8354-11ea-a205- 30 Id. 9726a420e972.html. 31 Kindy, supra note 24. 20 Sledge, supra note 7. 32 Reitman, supra note 27. 21 Keri Blakinger & Keegan Hamilton, “I Begged 33 Sarah N. Lynch, Second Inmate at Louisiana’s Them to Let Me Die”: How Federal Prisons Became Oakdale Prison Dies from Coronavirus Illness, Official Coronavirus Death Traps, MARSHALL PROJECT (June 18, Says, U.S. NEWS (Apr. 1, 2020); Louisiana COVID-19 2020), in Detention, World Peace Foundation (June 12, https://www.themarshallproject.org/2020/06/18/i 2020), https://sites.tufts.edu/wpf/louisiana-covid- -begged-them-to-let-me-die-how-federal-prisons- 19-in-detention/. became-coronavirus-death-traps. 34 Neff, supra note 26. 22 Sarah Turberville & Katherine Hawkins, Pretrial 35 Reitman, supra note 27. 36 Detention in a Pandemic, POGO (June 23, 2020), Sarah N. Lynch, Third Inmate at Louisiana’s https://www.pogo.org/analysis/2020/06/pretrial- Oakdale Prison Has Died From Coronavirus: Official, detention-in-a-pandemic/; Tom Jawetz & Nicole

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https://clearinghouse.net/chDocs/public/PC-LA- U.S. NEWS & WORLD REPORT (Apr. 1, 2020), 0019-0004.pdf. https://www.usnews.com/news/us/articles/2020- 48 Reitman, supra note 27. 04-01/second-inmate-at-louisianas-oakdale- 49 Id. prison-has-died-of-covid-19-official-says. 50 Bill Hutchinson, Jammed together like sardines: 37 Neff, supra note 26. ACLU seeks restraining order against feds to avoid 38 Sadie Gurman et al., Coronavirus puts a Prison COVID-19 prison outbreak horror, ABC NEWS (Apr. 13, Under Siege, WALL ST. J. (Apr. 6, 2020), 2020) https://abcnews.go.com/US/jammed- https://www.wsj.com/articles/inside-oakdale- sardines-aclu-seeks-restraining-order-feds- prison-our-sentences-have-turned-into-death- avoid/story?id=70117636. sentences-11586191030. 51 Id. 39 Michael Balsamo, Federal Prison Left Inmates with 52 Keri Blakinger and Joseph Neff, Thousands of Sick Virus in Housing for a Week, AP NEWS (Nov. 17, 2020), Federal Prisoners Sought Compassionate Release. 98 https://apnews.com/article/politics-health- Percent Were Denied., MARSHALL PROJECT (Oct. 7, prisons-louisiana-coronavirus-pandemic- 2020), 95dbb1d1c432fb11ddfb0945fde002a3. https://www.themarshallproject.org/2020/10/07/t 40 Matt Sledge, Federal Inmate Advocates Plead for housands-of-sick-federal-prisoners-sought- Releases in face of four Deaths at Oakdale Prison, compassionate-release-98-percent-were-denied. 53 NOLA.COM (Apr. 1, 2020), Nicholas Chrastil, Oakdale Inmate dies from https://www.nola.com/news/coronavirus/article_d COVID-19 two days after Scheduled Release, LENS 3da9994-744f-11ea-8e3c- NOLA (May 12, 2020), 9bf837415977.amp.html; Gurman, supra note 38. https://thelensnola.org/2020/05/12/oakdale- 41 Kimberly Kindy, Inside the deadliest federal prison, inmate-dies-from-covid-19-two-days-after- the seeping coronavirus creates fear and danger, scheduled-release/. 54 WASH. POST (Apr. 10, 2020), Id. https://www.washingtonpost.com/national/inside- 55 Id. the-deadliest-federal-prison-the-seeping- 56 Josh Gerstein, Virus-Wracked Federal Prisons Again coronavirus-creates-fear-and- Expand Release Criteria, POLITICO (Apr. 11, 2020), danger/2020/04/09/deeceb6e-75b4-11ea-a9bd- https://www.politico.com/news/2020/04/11/feder 9f8b593300d0_story.html. al-prison-release-criteria-coronavirus-179835. 42 Kevin Johnson, Coronavirus Outbreak: Hundreds of 57 Sadie Gurman, Warden at Prison Besieged by Infected, Quarantined Inmates in Prisons and Jails Coronavirus is Reassigned, WALL ST. J. (May 22, 2020), Challenging Officials, USA TODAY (Apr. 9, 2020), https://www.wsj.com/amp/articles/warden-at- https://www.usatoday.com/story/news/politics/20 prison-besieged-by-coronavirus-is-reassigned- 20/04/09/coronavirus-hits-workers-inmates-jails- 11590189740. prisons-threatened/2968807001/. 58 Id.; Rachel Penton, Bureau of Prisons removed Rod 43 Reitman, supra note 27. Myers as warden of Federal Correctional Intitution in 44 Id. Oakdale, KALB (May 22, 2020), 45 Id. https://www.kalb.com/content/news/Bureau-of- 46 Livas v. Myers, 1:20-cv-00422 (W.D. La. Apr. 6, Prisons-removes-Rod-Myers-as-warden-of- 2020). Oakdale-Correctional-Institute-570701811.html. 47 Mem. in Support of Petitioners’ Emergency 59 Nicholas Chrastil, Oakdale Federal Prison Resumes Motion for Release of Vulnerable and Low-Risk and Expands COVID-19 Testing, LENS NOLA (May 18, Prisoners from Oakdale, Livas v. Myers, 1:20-cv- 2020), 00422 (W.D. La. Apr. 13, 2020), available at

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74 Complaint, Gumns v. Edwards, No. 3:20-cv-00231 https://thelensnola.org/2020/05/18/oakdale- at 98–99 (M.D. La. Apr. 14, 2020). federal-prison-resumes-and-expands-covid-19- 75 Kiran Chawla, Dept. of Corrections Taking Steps to testing/. Minimize Spread of COVID-19 in Prisons, WAFB (Apr. 60 Id. 7, 2020), https://www.wafb.com/2020/04/07/dept- 61 Alan Gomez, Maria Clark, and Rebecca Plevin, corrections-taking-steps-minimize-spread-covid- ‘Terrified of Dying’: Immigrants beg to be Released prisons/. from Immigration Detention as Coronavirus Spreads, 76 Tana Ganeva, Report from Inside Angola Prison USA TODAY (Apr. 7, 2020), Paints a Troubling Picture as Coronavirus Grips https://www.usatoday.com/story/news/nation/202 Louisiana, THE APPEAL (Apr. 10, 2020), 0/04/07/covid-19-hits-ice-detention-migrants- https://theappeal.org/report-from-inside-angola- say-they-cant-clean-stay-safe/2953170001/. prison-paints-a-troubling-picture-as-coronavirus- 62 Matthew Segura, ICE: Detainee dies at Richwood grips-louisiana/. Correctional Center, KNOE (Oct. 16, 2019), 77 COVID-19 Inmate Positives, Louisiana Department https://www.knoe.com/content/news/ICE- of Public Safety and Corrections, Detainee-dies-at-Richwood-Correctional-Center- https://web.archive.org/web/20201001041646/htt 563233822.html. ps://doc.louisiana.gov/doc-covid-19-testing/ (last 63 Gomez, supra note 61. visited Dec. 8, 2020). 64 Noah Lanard, The Women Asked ICE for Soap. They 78 Nicholas Chrastil, Louisiana Prison Medical Got Pepper-Sprayed Instead., MOTHER JONES (Apr. 22, Director Steps Down, LENS NOLA (Apr. 17, 2020), 2020), https://www.motherjones.com/coronavirus- https://thelensnola.org/2020/04/17/louisiana- updates/2020/04/ice-pepper-spray-lasalle/ prison-medical-director-steps-down/. (providing stories from the women in their own 79 Cindy Chang, Many doctors treating state’s words). prisoners have disciplinary records themselves, TIMES- 65 Matt Clarke, LaSalle Corrections: A Family-Run PICAYUNE (Jul. 29, 2012), Prison Firm, PRISON LEGAL NEWS (Feb. 15, 2013), https://www.nola.com/news/crime_police/article_ https://www.prisonlegalnews.org/news/2013/feb/ 98a136d7-c201-5b55-a7f5-5428b4be1439.html. 15/lasalle-corrections-a-family-run-prison-firm/. 80 Jacqueline Derobertis, Louisiana State Prison 66 Noah Lanard, ICE Detainees Terrified of the Inmate Tests Positive for Coronavirus; 1st Confirmed Coronavirus Wanted to be Deported. Guards Pepper- Case at a State Facility, THE ADVOCATE (Mar. 28, Sprayed Them, MOTHER JONES (Apr. 23, 2020), 2020), https://www.motherjones.com/politics/2020/04/ic https://www.theadvocate.com/baton_rouge/news/ e-detainees-terrified-of-the-coronavirus-wanted- coronavirus/article_67ac4350-716e-11ea-8cb5- to-be-deported-guards-pepper-sprayed-them/. 6bee98b98550.html. 67 Id. 81 Daryl Khan, Desperate Louisiana Prisoners Say 68 Id. Wardens, Staff Not Following Coronavirus Rules, JJIE 69 Id. (Apr. 27, 2020), 70 Noah Lanard, “Don’t Give Up”: A Woman’s Fight to https://jjie.org/2020/04/27/desperate-louisiana- Save Her Brother From a COVID-Plagued ICE Jail, prisoners-say-wardens-staff-not-following- MOTHER JONES (June 15, 2020), coronavirus-rules/. https://www.motherjones.com/politics/2020/06/c 82 Id. ovid-ice-jail-immigration-detention/. 83 Id. 71 Id. 84 Anat Rubin et al., Inside the U.S.’s Largest 72 Id. Maximum-Security Prison, COVID-19 Raged. Outside, 73 Id.

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105 Nicholas Chrastil, COVID-19 Death Reported at Officials Called Their Fight a Success, PROPUBLICA Louisiana Correctional Institute for Women, THE LENS (June 24, 2020), (Apr. 24, 2020), https://www.propublica.org/article/inside-the-uss- https://thelensnola.org/2020/04/24/covid-19- largest-maximum-security-prison-covid-19-raged. death-reported-at-louisiana-correctional- 85 Id. institute-for-women/. 86 Id. 106 Mobaraki, supra note 104. 87 Id. 107 Chrastil, supra note 105. 88 Id. 108 Id. 89 Id. 109 Associated Press, Nearly Entire Dorm at Elayn 90 Id. Hunt Tests Positive for Virus, WBRZ (May 5, 2020), 91 Id. https://www.wbrz.com/news/nearly-entire- 92 Id. louisiana-prison-dorm-at-elayn-hunt-tests- 93 Id. positive-for- 94 Id. virus?fbclid=IwAR2qU5O8gIDnQAKXp- 95 Id. fJIcno3Tynw2XzBgslOMtf5QwnY1qho4Mt3u2gud0 96 Id. . 97 Id. 110 Id. 98 Id. 111 Lea Skene, After Flooding, Women’s Prison 99 Alie Brussel Faria, MOURNING OUR LOSSES, Dorms Inundated with Coronavirus, THE ADVOCATE https://www.mourningourlosses.org/memorials/mi (June 8, 2020), chael-williams?rq=louisiana. https://www.govtech.com/em/safety/After- 100 Lea Skene, After Louisiana Women’s Prison Flooding-Womens-Prison-Dorms-Inundated-with- Flooded in 2016, Temporary Dorms Inundated with Coronavirus.html. 112 Coronavirus, THE ADVOCATE (June 7, 2020), Id. https://www.theadvocate.com/baton_rouge/news/ 113 Id. coronavirus/article_ed45ea90-a696-11ea-a89d- 114 Id. 8b66acee5f8f.html. 115 Id. 101 Krystin Roehl and Jesse Kelley, Incarcerated 116 Id. 117 Women: Forgotten Victims of COVID-19, THE CRIME Victoria Law, Louisiana’s Longest Serving REPORT (June 19, 2020), Incarcerated Woman Returned to Prison After Being https://thecrimereport.org/2020/06/19/incarcerat Hospitalized for COVID-19, THE APPEAL (May 14, ed-women-forgotten-victims-of-covid-19/. 2020), https://theappeal.org/louisianas-longest- 102 Lea Skene, Louisiana’s Longest Serving Female serving-incarcerated-woman-returned-to-prison- Inmate Hospitalized with Coronavirus While after-being-hospitalized-for-covid-19/. 118 Clemency Request Stalls, THE ADVOCATE (Apr. 22, Lea Skene, Coronavirus Deaths in Louisiana 2020), Prisons Include Woman, Age 47, Convicted of Drug https://www.theadvocate.com/baton_rouge/news/ Possession, THE ADVOCATE (May 13, 2020), coronavirus/article_d60d1896-84de-11ea-a373- https://www.theadvocate.com/baton_rouge/news/ a734e11b21f8.html. coronavirus/article_4472783e-9552-11ea-bd87- 103 Id. 7ffb01b0d790.html. 119 104 Anaheed Mobaraki, MOURNING OUR LOSSES, Id. https://www.mourningourlosses.org/memorials/do 120 COVID-19 Inmate Positives, supra note 77. rothy-pierre?rq=louisiana.

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130 Sledge, supra note 129. 121 Gov. Edwards Names Acting Deputy Secretary for 131 Matt Sledge, Federal judge denies request to free the Office of Juvenile Justice, OFFICE OF THE GOVERNOR Louisiana youth prisoners because of coronavirus (Mar. 25, 2020), outbreak, NOLA.COM (July 4, 2020), https://gov.louisiana.gov/index.cfm/newsroom/det https://www.nola.com/news/coronavirus/article_5 ail/2434. cb01eac-bcb1-11ea-abbd-e77f8359a275.html. 122 The Associated Press, Louisiana names new 132 Id. 133 leader of juvenile justice department, THE ADVOCATE Barbour, supra note 126. (Mar. 26, 2020), 134 OJJ COVID-19 Information, OFFICE OF JUVENILE https://www.theadvocate.com/baton_rouge/news/ JUSTICE, https://ojj.la.gov/ojj-covid-19-information/ politics/article_741c882e-6f9e-11ea-b957- (last visited Dec. 8, 2020). 87ea5616a441.html. 135 Lea Skene, Latest coronavirus outbreak behind 123 Gov. Edwards Appoints a New Deputy Secretary to bars is at Louisiana prison that holds dialysis patients, the Office of Juvenile Justice, OFFICE OF THE GOVERNOR THE ADVOCATE (Aug. 28, 2020), (Aug. 7, 2020), https://www.theadvocate.com/baton_rouge/news/ https://gov.louisiana.gov/index.cfm/newsroom/det coronavirus/article_97b922b4-e97a-11ea-8cda- ail/2629#:~:text=John%20Bel%20Edwards%20ann 3f8a9b007a06.html. ounced%20the,Louisiana%20Office%20of%20Juve 136 Id. nile%20Justice. 137 Local Jails: The real scandal is the churn, PRISON 124 Complaint, J.H. v. Edwards, No. 3:20-cv-00293 at POLICY INITIATIVE, 30 (M.D. La. May 14, 2020). https://www.prisonpolicy.org/graphs/pie2019_jail_ 125 Id. at 21. churn.html. 126 Shannon Barbour, Life Is Excruciating Enough for 138 JUNE LA. COVID-19 HEALTH EQUITY TASK FORCE Mothers of Incarcerated Children. The Pandemic REPORT 8 (June 2020), available at Makes It Impossible: Three Louisiana mothers explain https://www.sus.edu/assets/sus/LAHealthEquityTa why they’re suing the Office of Juvenile Justice and skForce/June-COVID-Task-Force-Subcommittee- how they’re surviving in the meantime, COSMOPOLITAN Reports.pdf?fbclid=IwAR00GlvB8HrmW_Lo1YQoyF (Aug. 25, 2020), a0SfV9o-B3uAINdJ9dRdfGj3LnyUQHsH0jbyI. https://www.cosmopolitan.com/politics/a3363721 139 Briefing Book, supra note 5, at 18. 1/incarcerated-children-pandemic-covid/. 140 Nicholas Chrastil, After Expanded Testing, New 127 J.H. v. Edwards, No. 3:20-cv-00293 (M.D. La. May Orleans Jail Sees Spike in Confirmed Coronavirus 14, 2020). Cases, LENS NOLA (Apr. 22, 2020), 128 Id. at 25–26. https://thelensnola.org/2020/04/22/after- 129 Matt Sledge, Free youths from prisons during expanded-testing-new-orleans-jail-sees-spike-in- coronavirus pandemic, advocates say in lawsuit, confirmed-coronavirus-cases/. 141 NOLA.COM (May 14, 2020), Id. https://www.nola.com/news/coronavirus/article_8 142 Id. a3bea1e-962c-11ea-9198-2f3fec2ba861.html; 143 Matt Sledge, Second New Orleans Deputy, Veteran Tyler Kingkade, Louisiana parents sue to get children Supervisor at Jail, Dies from Coronavirus, NOLA.COM out of juvenile detention as coronavirus spreads, NBC (Apr. 29, 2020), NEWS (May 14, 2020), https://www.nola.com/news/coronavirus/article_1 https://www.nbcnews.com/news/us- 53a8622-8a5a-11ea-a967-bb37cb15f245.html; news/louisiana-parents-sue-get-children-out- Matt Sledge, First New Orleans Deputy to Die of juvenile-detention-coronavirus-spreads- Coronavirus was ‘One to Open her Home’, NOLA.COM n1207196.

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Recourse, LENS NOLA (Apr. 16, 2020), (Apr. 28, 2020), https://thelensnola.org/2020/04/16/detainees-in- https://www.nola.com/news/coronavirus/article_7 new-orleans-stuck-in-jail-on-parole-holds- 5765212-8999-11ea-a54f-bb8d7c855c61.html/. struggle-to-find-legal-recourse/. 144 Nicholas Chrastil, Public Defenders Request the 151 Id. Release of All Non-Violent Offenders in Jail due to 152 Matt Sledge, Coronavirus Cases Spike at New Coronavirus, LENS NOLA (Mar. 12, 2020), Orleans Jail, Raising Advocates’ Fears About New https://thelensnola.org/2020/03/12/public- Outbreak, NOLA.COM (May 20, 2020), defenders-request-the-release-of-all-non-violent- https://www.nola.com/news/coronavirus/article_a offenders-in-jail-due-to-coronavirus/. 59d376e-9aef-11ea-996d-276b5a323e8d.html. 145 Richard A. Webster et al., New Orleans police are 153 Charles Maldonado, Sheriff’s Office: No positive jailing people for minor offenses even as the city COVID-19 cases among inmates in city jail, THE LENS becomes a covid-19 hotspot, WASH. POST (Mar. 31, (June 18, 2020), 2020), https://thelensnola.org/2020/06/18/sheriffs- https://www.washingtonpost.com/investigations/n office-no-positive-covid-19-cases-among- ew-orleans-police-are-jailing-people-for-minor- inmates-in-city-jail/. offenses-even-as-the-city-becomes-a-covid-19- 154 Matt Sledge, Young Father who Died at New hotspot/2020/03/31/e2183dd8-71eb-11ea-85cb- Orleans Jail was Positive for Coronavirus, Coroner 8670579b863d_story.html. Says, NOLA.COM (June 30, 2020), 146 Mark Stern, New Orleans Prosecutors Argue the https://www.nola.com/news/crime_police/article_ Coronavirus is a Reason to Keep People in Jail, SLATE e13c90a4-bae2-11ea-9c75-c30d303fc35b.html. (Mar. 18, 2020), https://slate.com/news-and- 155 Id. politics/2020/03/new-orleans-prosecutors-jail- 156 Matt Sledge, Coronavirus jail will cost $9.3 million coronavirus.html. under Orleans Sheriff Marlin Gusman’s plan FEMA 147 Sarah Stillman, Will The Coronavirus Make Us says, NOLA.COM (Aug. 14, 2020), Rethink Mass Incarceration?, THE NEW YORKER (May https://www.nola.com/news/coronavirus/article_0 18, 2020) 7824efe-de45-11ea-be74-6b982381afb1.html. https://www.newyorker.com/magazine/2020/05/2 157 Id. 5/will-the-coronavirus-make-us-rethink-mass- 158 Paul Braun, Louisiana Considers Early Release of incarceration. Some Inmates Among Measures to Reduce COVID-19 148 Nicholas Chrastil, Amid Coronavirus Fears, Public Outbreak, WWNO (Mar. 17, 2020), Defenders Petition Judges to Order Release of High- https://www.wwno.org/post/louisiana-considers- Risk Inmates; Sheriff Joins in Call for More Releases, early-release-some-inmates-among-measures- LENS NOLA (Mar. 25, 2020), reduce-covid-19-outbreak. https://thelensnola.org/2020/03/25/public- 159 East Baton Rouge Prison quarantining 94 inmates defenders-office-petitions-judges-to-order- after one tests positive for COVID-19, WBRZ (Mar. 30, release-of-inmates-at-high-risk-of-complications- 2020), https://www.wbrz.com/news/east-baton- death-from-coronavirus/. rouge-prison-quarantining-94-inmates-after-one- 149 Matt Sledge and Lea Skene, As Death Count tests-positive-for-covid-19/. Grows, Louisiana Prisons and Jails Grapple with 160 Lea Skene, Number of Coronavirus Cases Among Coronavirus Spread, NOLA.COM (Apr. 25, 2020), Baton Rouge Jail Inmates Climbs to 53, Sheriff’s Office https://www.nola.com/news/coronavirus/article_a Says, THE ADVOCATE (Apr. 16, 2020), 261bbb8-8728-11ea-9a1f-6bc823fbe5db.html. https://www.theadvocate.com/baton_rouge/news/ 150 Nicholas Chrastil, Detainees in New Orleans, Stuck in Jail on Parole Holds, Struggle to Find Legal

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confinement hell, MOTHER JONES (Mar. 5, 2009), coronavirus/article_49eca0e4-8028-11ea-8a5a- https://www.motherjones.com/politics/2009/03/c ab5bc7534c4c.html. amp-j-redhats-and-hole; Victoria Law, Louisiana 161 Id. Prisoners Held in Notorious Isolation Unit are Facing 162 Lea Skene, Baton Rouge Jail Population Hits 10- a ‘Slow-Moving Disaster’, THE APPEAL (Apr. 17, 2020), Year Low Amid Efforts to Combat Coronavirus Spread, https://theappeal.org/louisiana-prisoners-held-in- The ADVOCATE (Mar. 23, 2020), notorious-isolation-unit-are-facing-a-slow- https://www.theadvocate.com/baton_rouge/news/ moving-disaster/. coronavirus/article_7fb7e6f2-6d5e-11ea-b883- 172 Law, supra note 171. 97717b9dfbce.html. 173 Interim Guidance on Management of Coronavirus 163 Amended Class Action Complaint, Belton, Jr. v. Disease 2019 (COVID-19) in Correctional and Gautreaux, No. 3:20-cv-000278 ¶ 5 (M.D. La. May Detention Facilities, CDC (Mar. 23, 2020), 26, 2020). https://www.cdc.gov/coronavirus/2019- 164 Press Release, Center for Constitutional Rights ncov/community/correction-detention/guidance- Civil Rights Organizations Sue East Baton Rouge correctional-detention.html; Nicholas Chrastil, The Parish Prison for Immediate Release of Vulnerable Louisiana Department of Health issued People Ahead of Deadly COVID-Spread (May 27, recommendations on how to stop the spread of 2020), https://ccrjustice.org/home/press- coronavirus in prisons – then rescinded them, LENS center/press-releases/civil-rights-organizations- NOLA (Apr. 13, 2020), sue-east-baton-rouge-parish-prison. https://thelensnola.org/2020/04/13/the-louisiana- 165 Lea Skene, Lawsuit: Baton Rouge Inmates Seek department-of-health-issued- Release Due to Coronavirus Risk, Potential ‘Death recommendationson-how-to-stop-the-spread-of- Sentence’, THE ADVOCATE (May 27, 2020), coronavirus-in-prisons-then-rescinded-them/. https://www.theadvocate.com/baton_rouge/news/ 174 Emily Lane, Louisiana Plans to House Local and coronavirus/article_d972c05c-a055-11ea-979d- State Inmates with Coronavirus at Angola and Allen 0fd6b011fa75.html. Correctional, WDSU (Mar. 27, 2020), 166 Debunking the myth of no COVID-19 cases in East https://www.wdsu.com/article/louisiana-plans-to- Baton Rouge Parish Prison, CENTER FOR house-inmates-with-coronavirus-at-angola-and- CONSTITUTIONAL RIGHTS (Aug. 14, 2020), another-prison/31960114. https://ccrjustice.org/home/blog/2020/08/24/new 175 Complaint, Gumns v. Edwards, No. 3:20-cv- s-debunking-myth-no-covid-19-cases-east-baton- 00231, at 124 (M.D. La. Apr. 14, 2020). rouge-parish-prison. 176 Id. at 108. 167 Civil Rights Organizations Debunk Myths of No 177 Id. at 121, 125–34. COVID-19 Cases in East Baton Rouge Parish Prison, 178 Id. at 139, 140. 179 ADVANCEMENT PROJECT (Aug. 19, 2020), Id. at 145–47. https://advancementproject.org/news/civil-rights- 180 See generally id. organizations-debunk-myths-of-no-covid-19- 181 Nicholas Chrastil, Lawsuit Filings Reveal New cases-in-east-baton-rouge-parish-prison/. Details About Use of Angola Facility to House 168 Ruling and Order, Belton, Jr. v. Gatreaux, No. 3:20- Coronavirus Patients, LENS NOLA (May 6, 2020), 000278 (M.D. La. July 3, 2020). https://thelensnola.org/2020/05/06/lawsuit- 169 See generally Complaint, Gumns v. Edwards, No. filings-reveal-new-details-about-use-of-angola- 3:20-cv-00231 at 155–71 (M.D. La. Apr. 14, 2020). facility-to-house-coronavirus-patients/. 170 Id. at 157–59. 182 Id. 171 Brooke Shelby Biggs, Camp J, Red Hats and the Hole: Inside Angola’s three circles of solitary-

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197 Id. 183 Melinda Deslatte, Edwards Worries About 198 Sledge, supra note 149. 199 Backsliding as Virus Deaths Top 1,000, AP NEWS (Apr. Lester Duhé, Former inmates deliver masks to 14, 2020), prisons, jails across Louisiana, WAFB9 (Apr 24, 2020), https://apnews.com/34371f85535d746e0b2fcde8 https://www.wafb.com/2020/04/24/former- 90a16e93; Kevin Foster, Class Action Lawsuit Filed inmates-deliver-masks-prisons-jails-across- Over COVID-19 Positive Prisoners Being Brought to louisiana/; Khan, supra note 81. 200 Angola, WAFB (Apr. 16, 2020), Rubin, supra note 84. https://www.wafb.com/2020/04/16/class-action- 201 Id. lawsuit-filed-over-covid-positive-prisoners-being- 202 Armstrong, supra note Error! Bookmark not d brought-angola/. efined.. 184 Deslatte, supra note 183. 203 Sledge, supra note 149. 185 Nicholas Chrastil, DOC to Suspend Prisoner 204 Id. Release Program as State Enters Phase Two of 205 Khan, supra note 81. 206 Reopening, LENS NOLA (June 3, 2020), Rubin, supra note 84. https://thelensnola.org/2020/06/03/doc-to- 207 JUNE LA. COVID-19 HEALTH EQUITY TASK FORCE suspend-prisoner-release-program-as-state- REPORT, supra note 138, at 7. enters-phase-two-of-reopening/. 208 Rubin, supra note 84. 186 Lea Skene, Panel meant to reduce Louisiana 209 Jerry Iannelli, Video Captures Poor Conditions at prison population during pandemic has negligible Louisiana Poultry Plant Where Prisoners are Sent to impact — 0.2%, THE ADVOCATE (June 30, 2020), Work, THE APPEAL (May 28, 2020), https://www.theadvocate.com/baton_rouge/news/ https://theappeal.org/louisiana-poultry-plant- coronavirus/article_39acdb9a-ba3e-11ea-ac28- prison-labor/. df318eb8fe9b.html. 210 Jerry Iannelli, ‘That Man Can’t Breathe’, THE 187 Data on file with PJI. APPEAL (Apr. 16, 2020), 188 H.R. 37, 2020 Second Extraordinary Sess. (La. https://theappeal.org/baton-rouge-sheriff- 2020), choking/. https://legis.la.gov/legis/BillInfo.aspx?i=239713. 211 Id. 189 Rosemary Westwood, Q&A: COVID-19 Health 212 Iannelli, supra note 209. Equity Task Force Co-Chair Talks Racial Disparities in 213 Id. Louisiana, WWNO (June 25, 2020), 214 Rubin, supra note 84. https://www.wwno.org/post/qa-covid-19-health- 215 Matt Sledge, Louisiana prisons lag in inmate equity-task-force-co-chair-talks-racial-disparities- releases as coronavirus spreads behind bars, louisiana. NOLA.COM (Mar. 31, 2020), 190 JUNE LA. COVID-19 HEALTH EQUITY TASK FORCE https://www.nola.com/news/coronavirus/article_1 REPORT, supra note 138. 1c54f08-739f-11ea-b290-4b2c1a651506.html. 191 Id. at 3. 216 Radley Balko, Opinion, A Judge isn’t Allowing 192 AUGUST LA. COVID-19 HEALTH EQUITY TASK FORCE, Drug Users to be Released from Jail Because of their SUBCOMMITTEE REPORT (Aug. 2020), ‘Hygiene’, WASH. POST. (Mar. 26, 2020), https://www.sus.edu/assets/LaCOVID/AUGUST- https://www.washingtonpost.com/opinions/2020/ COVID-Task-Force-Subcommittee-Reports.pdf. 03/26/louisiana-judge-says-drug-users-are-too- 193 Rubin, supra note 84. dirty-be-released-jail/. 194 Id. 217 Id. 195 Id. 218 Id. 196 Id.

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bickham-named-new-warden-at-rayburn- 219 Stern, supra note 146. correctional-center/. 220 Id. 235 Skene, supra note 19. 221 NIH Leadership, Why COVID-19 testing is the key 236 Charles Lussier, Louisiana inmates are using to getting back to normal, NAT’L INST. ON AGING (Sept. donated supplies to make hand sanitizer as 4, 2020), https://www.nia.nih.gov/news/why- coronavirus spreads, THE ADVOCATE (Apr. 2, 2020), covid-19-testing-key-getting-back-normal. https://www.theadvocate.com/baton_rouge/news/ 222 Julie O’Donoghue, Forty-two percent of Louisiana coronavirus/article_98081a40-74ea-11ea-b367- inmates tested have been positive for COVID-19, LA. 2774f5090b74.html. 237 ILLUMINATOR (July 12, 2020), Id. https://lailluminator.com/2020/07/12/forty- 238 Franklin Parish Detention Center, LA. DEP’T OF percent-of-louisiana-inmate-covid-19-tests-are- PUBLIC SAFETY AND CORRECTIONS, positive-experts-say-thats-too-high/. https://doc.louisiana.gov/location/franklin-parish- 223 Id. detention-center/ (last visited Dec. 9, 2020). 224 COVID-19 Inmate Positives, supra note 77. 239 Ashley Mott, 3 in Franklin Parish test positive for 225 Henry Njuguna et al., Serial Laboratory Testing coronavirus, MONROE NEWS STAR (Mar. 25, 2020), for SARS-CoV-2 Infection Among Incarcerated and https://www.thenewsstar.com/story/news/2020/0 Detained Persons in Correctional and Detention 3/25/coronavirus-3-franklin-parish-test-positive- Facility—Louisiana, April–May 2020, 69 MORBIDITY covid-19/5084243002/. 240 AND MORTALITY WEEKLY REPORT 836, 836 (July 3, Chrastil, supra note 140. 2020), available at 241 Ashley Mott, Half of NELA parishes report 100 or https://www.cdc.gov/mmwr/volumes/69/wr/pdfs/ more COVID-19 cases, MONROE NEWS STAR (May 10, mm6926e2-H.pdf. 2020), 226 Id. at 838. https://www.thenewsstar.com/story/news/2020/0 227 Id. 5/10/half-nela-parishes-report-100-more-covid- 228 LABEOC Message for 03.16.20, LA. BUS. EMERGENCY 19-cases/3105665001/. 242 OPERATIONS CTR. (Mar. 16, 2020), Chris McCrory, Coronavirus Found in St. Tammany https://www.labeoc.org/alerts/Alert_Details.aspx?i Jail, Inmates Quarantined, WWL (Apr. 18, 2020), d=1417. https://www.wwltv.com/article/news/health/coron 229 COVID-19 Inmate Positives, supra note 77 (PJI has avirus/st-tammany-jail-coronavirus/289- archived data from the DOC’s COVID-19 Inmate 498ab474-a826-44dd-af20-2dd01caea9e4. Positives web page). 243 Carbon Monoxide Poisoning, CDC (Oct. 16, 2016), 230 Sledge, supra note 149. https://ephtracking.cdc.gov/showCoRisk.action. 231 Id. 244 World Health Org., Coronavirus disease 19 232 Tim Ryan, Supreme Court Denies Appeal From (COVID-19) Situation Report—46 at 2 (Mar. 6, 2020), Louisiana Inmate Over Coronavirus, Courthouse News who.int/docs/default- Service (May 29, 2020), source/coronaviruse/situation-reports/20200306- https://www.courthousenews.com/supreme-court- sitrep-46-covid-19.pdf. denies-appeal-from-louisiana-inmate-over- 245 Matt Sledge, Nearly half of St. Charles Parish jail coronavirus/. inmates have caught coronavirus, officials say, 233 Id. NOLA.COM (Aug. 11, 2020), 234 Staff Reports, Bickham named new warden at https://www.nola.com/news/coronavirus/article_d Rayburn Correctional Center, THE DAILY NEWS (Aug. d2e97c0-dc1e-11ea-b7a9-b71d8c2e03c9.html. 21, 2020) https://www.bogalusadailynews.com/2020/08/21/

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nearly-clear-of-covid-cases-following-july- 246 Ryan Arena, Prison nearly clear of COVID cases outbreak/. following July outbreak, HERALD GUIDE (Aug. 31, 2020), https://www.heraldguide.com/news/prison-

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LOCKED IN WITH COVID-19 Since the COVID-19 pandemic began sweeping across the United States in February 2020, most Americans have changed their lives, habits, and the way they interact with others in order to keep themselves and others safe. These behavioral shifts have been impossible in carceral facilities. Administrators of prisons, jails, and detention centers across the country have struggled to effectively respond to the spread of COVID-19. In Louisiana, officials at federal, state, and local facilities have responded poorly to the pandemic by failing to implement mass testing and preventative measures, quarantining people in areas of prisons that had been previously closed due to decaying conditions, and failing to provide adequate medical care to those experiencing COVID-19 symptoms. This report details how COVID-19 progressed through correctional institutions across the state and how government officials have failed to properly respond to the pandemic.