When the COVID-19 pandemic reached the United States, jails and prisons were especially hard hit, with infection and death rates several times higher than on the outside. Litigation challenged institutional decisionmaking related to social distancing (or its absence), masks and sanitation measures, vaccination policies and practices, and more. It proceeded in state and federal court, using many different procedural vehicles and citing a variety of theories. This chapter is not in the published book; it first appeared (in different form) in the 2021 supplement, superseded by the 2022 supplement, which is here. The chapter includes some background information and then excerpts opinions a state court opinion and a state executive order relating to COVID.
See our posted COVID resources.
