Federal appeals court overturns order for Ohio prison to relocate or send home medically vulnerable inmates News
© WikiMedia (Michael Coghlan)
Federal appeals court overturns order for Ohio prison to relocate or send home medically vulnerable inmates

The US Court of Appeals for the Sixth Circuit on Tuesday lifted a preliminary injunction ordering the transfer of vulnerable inmates from Elkton Federal Correctional Institution. The injunction came as a response to a COVID-19 outbreak at Elkton. Approximately one-fourth of Elkton’s inmates have tested positive for the virus, 19 dying from it.

Due to the severity of the outbreak, the district court ordered a preliminary injunction that gave prison officials one day to identify all medically vulnerable inmates and all inmates 65 years or older. The injunction also gave prison officials two weeks to evaluate whether the identified individuals were eligible for transfer out of Elkton. Such transfers could take the form of “compassionate release, parole or community supervision, transfer furlough, or non-transfer furlough,” so long as transferees would be provided with COVID-19 testing and adequate space for physical distancing at their new locations. The injunction further ordered that any transferees could not return to Elkton until the virus had abated or Elkton had obtained sufficient access to a vaccine.

On appeal, the court determined that Elkton’s prison officials’ actions to limit visitation, screen and quarantine arriving inmates, modify operations to allow for greater physical distancing, and enhance cleaning constituted a “reasonable response to the risk posted by COVID-19.” Consequently, the appellate court vacated the preliminary injunction.