BENTON – Thirteen inmates at St. Clair County jail sued Sheriff Rick Watson at U.S. district court on Feb. 9, claiming he failed to protect them from coronavirus.
The suit claims that three inmates died and 300 tested positive.
The inmates also sued medical director David Marcowitz, claiming he and Watson exposed inmates to conditions that posed a substantial risk of serious harm.
They claim Watson allows inmates to smoke electronic cigarettes that make health conditions worse.
They claim Marcowitz approved the sale of E-cigs through the jail commissary.
Their suit also names commissary provider Trinity Service Group as a defendant.
Lead plaintiff Cortez Brown attached a nicotine overdose warning for E-cigs, and wrote that the warning shows the same symptoms as the virus.
He attached a policy that inmates could buy only one E-cig at a time, and wrote that inmates buy two at a time.
He also alleges exposure to crowding, insects and mold.
Senior District Judge Phil Gilbert carved the suit into 13 individual suits on Feb. 11, finding it likely that different legal standards would control each claim.
Brown filed the complaint on a form that district courts provide to prisoners.
He marked Yes where it asked if he presented facts in a grievance procedure.
“We tried to follow step two in the rule book but staff here said there are no more detainees grievance forms,” Brown wrote.
He wrote that exposure to E-cigs caused migraines, sinus infection, difficulty breathing, tinnitus, dental infection and high blood pressure.
He wrote that vapor, poor ventilation, crowding, and communal living contributed to the spread of the virus.
He wrote that incoming inmates weren’t tested, separated from one another, or allowed to use protective gear.
“Inmate kitchen workers tested positive for the virus which led to another outbreak,” he wrote.
Kevin McCreight, Andrew Kunkle, Cedric Allen, Joseph Nickell, John Eglseder, George Gannon, Andrew McKissick, Keandre Hollins, Joey Thomas, Ray Taylor, Arenzo Hoffman, and Trevon Fenton signed the complaint after Brown.
Each plaintiff certified that the complaint complied with procedural rules.
Each one moved to recruit counsel.
Each one filed a declaration.
McCreight wrote that he saw a man lose his life.
He wrote that due to the smoke he caught the virus for the third time.
“They locked me in a cell with Cortez Brown who did not have Covid,” he wrote.
“Being quarantined with Mr. Brown he now has the virus.”
He wrote that he marked a year in the jail on Jan. 21.
Kunkle wrote that his Covid test came back clean “and I was informed that the jail was severely overcrowded and I was to be housed in the gym. I discovered that the gym had only one toilet and one sink for the 37 inmates to use.
“I also discovered that insects and spiders were rampant in the unit.”
He wrote that limited mobile cots forced him to sleep on the floor.
Allen wrote that an older guy wasn’t moving and his face was pale.
“When they finally helped him he was taken to the hospital where he later died,” Allen wrote.
“That could’ve been me because they did me the same way which was no help at all.
“It’s nasty air around here because of the dirty dust covered vents.”
Each plaintiff seeks $10 million in compensation from Watson and $5 million each from Marcowitz and Trinity.
Each plaintiff seeks $200,000 in punitive damages from Marcowitz.
Each plaintiff seeks any remedies the court deemed necessary.
Gilbert deemed their severance necessary, finding their movements from place to place would make it difficult to coordinate efforts and obtain signatures.
He found it unclear whether each plaintiff was aware that he joined 12 others, that they can’t represent one another, and that they must sign and read every filing.
He wrote that he would apply different legal standards to pretrial detainees, convicted persons, or combinations of both.
He wrote that he wouldn’t preclude any plaintiff from discussing or coordinating with any other plaintiff.
He wrote that he wouldn’t foreclose consolidation at a later stage, and that he’d review the complaint for legal sufficiency and issue findings within 60 days.
He denied recruitment of counsel, without prejudice. He found plaintiffs filed a coherent complaint and organized it well, showing they were capable of proceeding without representation.