Public employees accused of failing to summon timely medical care in prison

A prison inmate recently alleged that public employees admitting transferees from another institution were aware that inmates risked being infected with COVID-19 if they did not immediately adopt a proper medical testing and quarantine program.

On May 28, 2020, the State of California and California Department of Corrections and Rehabilitation – the defendants in the case of Malear v. State of California et al. – started transferring nearly 200 inmates from the Chino Institute for Men to San Quentin State Prison.

At the time of the transfer, numerous transferees had COVID-19. Some showed symptoms before getting down from the transfer bus. About a month afterward, at least 1,400 inmates were diagnosed with COVID-19, several of whom died from the disease.

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The plaintiff in this case was a San Quentin inmate diagnosed with COVID-19. He sued the defendants on behalf of past and present inmates diagnosed with the disease after the transfer date.

First, the plaintiff alleged that, at the time of the transfer, the defendants’ employees knew or had reason to know that his fellow inmates were at immediate risk of contracting COVID-19 upon the transferees’ arrival if they did not implement a proper program of medical testing and quarantine.

Next, the plaintiff argued that the employees failed to take reasonable action to summon...

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