DALLAS (1080 KRLD)- An appeals court has overturned a Dallas County judge in a case that deals with Dallas County Jail conditions during the pandemic. In a 54-page opinion, the 5th Court of Appeals in Dallas has reversed a lower court over inmate safety during the pandemic.
"We sustain the Sheriff's issues, reverse the trial court's order, and render judgment dismissing appellees' claims for lack of subject matter jurisdiction." the court said.
In a suit filed one year ago, the inmates COVID-19 poses a serious threat to health and life, that the threat is especially elevated for people who are medically vulnerable and that the medical consensus suggests that six feet of social distancing is necessary to prevent the spread of COVID-19.
The suit was filed on behalf of 1,800 inmates who said they are medically vulnerable.
"The Sheriff's failure to provide adequate PPE [personal protective equipment], cleaning, training, and other measures to prevent unnecessary spread of COVID-19 makes the lack of social distancing even more dangerous to Plaintiffs and the members of the Class." the complaint said.
During a hearing in January, inmates and jailer testified phones were not sanitized and that social distancing was impractical. State District Court Judge Emily G. Tobolowsky declined to dismiss the suit.
But in its ruling the appeals court dismissed the suit on a plea to jurisdiction. "Given the insurmountable jurisdictional defects asserted by the Sheriff, appellees do not need, and they are not entitled to, another opportunity to re-plead." the opinion said.
Barry Barrett, lead attorney for the inmates, said they are still reviewing options and have not decided whether to appeal to the Supreme Court of Texas.
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