First claim for COVID-19 death in San Bernardino County jail – Orange County Register

San Bernardino County’s first COVID-19 wrongful death lawsuit has been filed against the county and the Sheriff’s Department amid an outbreak of coronavirus-related illnesses among inmates.

The support, which sparked an outcry from prison rights activists, reflects a seasonal increase in COVID-19 cases across the Inland Empire and Southern California that is flooding emergency rooms of the hospital and caused Traffic jams at coronavirus testing sites.

As of December 28, the Sheriff’s Department has reported four new cases of coronvirus in the past week at the West Valley Detention Center in Rancho Cucamonga, two at the High Desert Detention Center in Adelanto, and one at the High Desert Detention Center in Adelanto. case at the Central Detention Center in San Bernardino. No new cases have been reported at Glen Helen Rehabilitation Center in Devore. Police chief spokeswoman Mara Rodriguez said an inmate was hospitalized with COVID-19.

Since COVID-19 testing began in San Bernardino County prisons in 2020, 2.9% of all inmates tested have tested positive for the deadly virus, said Rodriguez. potential prisoners, with 1,671 of the approximately 57,500 inmates testing positive and another 389 awaiting test results.

Legal action

The wrongful death suit, a precursor to a lawsuit, was filed November 18 alleging former West Valley inmate Russell Samuel Garcia, 56, of Fontana, died of COVID-19 as a result of an illness. medical neglect in prison.

“By September 2021, Mr. Garcia was infected with COVID-19 and denied adequate medical conditions for detention and necessary medical care, further violating his rights guaranteed by the United States and the Constitution. California,” according to the statement.

According to the Sheriff’s Department, Garcia experienced a “medical emergency” on September 12 and was taken to Kaiser Permanente Fontana Medical Center, where his health declined and he died less than two years ago. the following week, on September 23. Sheriff’s Department, however. , has not yet attributed Garcia’s death to COVID-19 as the coroner’s office is still awaiting a toxicology report.

Ed Lyman, the attorney representing Garcia’s surviving son and two daughters, said a hospital doctor and sheriff’s detective told Garcia’s children that their father had COVID- 19, and at least 17 other inmates at the prison were infected with COVID-19 at the time Garcia was hospitalized. He said he plans to file a lawsuit in the next few days.

So far, the Sheriff’s Department says the only COVID-19-related incarceration death in the San Bernardino County jail is that of Gary Allen Victor, 57, of Apple Valley. Victor was taken from the West Valley to Arrowhead Regional Medical Center on December 2, suffering from multiple health problems, including COVID-19, and was admitted to the intensive care unit, where his health deteriorated. reduced. He passed away on December 13.

Victor has been in custody since June 22 on charges of felony possession of a firearm and making a terroristic threat, authorities said.

‘Severe outbreak’

Sophie Hart, an attorney with the Berkeley-based Prison Attorney’s Office, a non-profit that advocates for inmates, said her office was notified of a “severe” coronavirus outbreak at home. prison in early December and one prisoner died. But in mid-December, the Sheriff’s Department notified her organization that the number of inmates with COVID had “reduced significantly,” although about 20 people still tested positive, she said.

“We are still worried about future outbreaks, especially given the emergence of this new (omicron) variant. Prisons continue to be a really dangerous place during this pandemic,” Hart said.

Rodriguez said the department would not necessarily describe the level of COVID-19 cases in its prisons at the time as an “outbreak.” “The number of cases in our prison population reflects the percentage of cases in the community.” she speaks.

In other counties

Elsewhere, there were 16 inmate deaths related to COVID-19 in a Los Angeles County jail since the pandemic began. As of Friday, the county had 12,666 inmates, according to data on the Sheriff’s Department website.

Orange County has had only one inmate death related to COVID-19 since the pandemic broke out in 2020. By 2021, 434 inmates have tested positive for COVID-19. And as of January 3, 66 inmates have tested positive for COVID-19, according to the Department of Police figures.

Richard Herman, an attorney for the Prisoner’s Rights Coalition in Sacramento, said a catch for the coronavirus is inevitable in Orange County’s prison system.

“Let’s face it, everyone in the facility is going to get sick, including the guards and the service staff,” Herman said. “They have too many people… they are not really capable of solving problems.”

The Riverside County Sheriff’s Department did not provide recent counts of inmates infected with COVID-19 or inmates who died related to COVID-19 in their prisons. Sgt. Albert Martinez, a spokesman for the department, did not respond to emails and phone calls requesting information.

Nationwide problem

Wanda Bertram, a spokeswoman for the Prison Policy Initiative, said the COVID-19 issue in the San Bernardino County jail reflects a nationwide problem in the intervention system due to a lack of staffing, lack of education proper vaccination, lax vaccination procedures and people not wearing masks. , a public policy researcher based in Massachusetts.

She said in an email that her hopes of a successful response to that issue were not high.

“But we do know that people in prison, across the country, are still dying from COVID. Whenever someone dies of COVID behind bars, we should ask about the officials whose choices led to the death, and the laws that were in place,” Bertram said.

Vaccination procedure

While deputies and civilians working in San Bernardino County prisons grapple with isolation and containment procedures related to inmates with COVID-19, such employees can also cause serious harm. pose a potential threat if they are unvaccinated and unknowingly infected with the virus.

“Most prison staff are required to be vaccinated or tested at the moment, but weekly testing will not prevent all outbreaks,” Hart said. “The county should do all it can to prevent future infections and deaths in its prisons – including requiring anyone who works in prisons to be fully vaccinated.”

While all deputies working in San Bernardino County prisons have the option of weekly vaccinations or testing, they are all required, according to Centers for Disease Control guidelines, to wear protective masks. household, said Rodriguez.

“That being said, if an employee feels sick while on duty, every effort will be made to have that employee perform a rapid COVID test and PCR test immediately,” Rodriguez said. know in an email. “Employees will go home and if the test is positive, they will continue to take time off work until they recover.”