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Court Orders State To Vaccinate Older Inmate In Cuomo’s “Prison Nursing Home”


By

Gwynne Hogan

Published Jan 21, 2021


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A gloved hand reaches for the COVID-19 vaccine vial with needles in the background. A worker prepare vaccines at Stony Brook University on January 18, 2021

Kevin P. Coughlin / Office of New York Governor


By

Gwynne Hogan

Published Jan 21, 2021


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A New York State Judge has ordered the Department of Corrections and Community Supervision to administer the COVID-19 vaccine to a 65-year-old incarcerated man with chronic lung disease. Criminal rights advocates now hope the decision will push the state to speed up vaccine access for vulnerable incarcerated people as outbreaks inside prisons continue to balloon.

Edward Mackenzie, 65, who is currently incarcerated at Adirondack Correctional Facility -- dubbed Cuomo’s “prison nursing home” -- sued the state in mid-December, arguing if he catches COVID-19 his age and underlying health conditions make him at increased risk of severe consequences and death from the virus. He was seeking early release and had earlier told WNYC/Gothamist about the lack of access to regular health care at the facility, which is now the subject of a federal class action lawsuit.

Judge Richard Meyer found MacKenzie was no less likely to catch COVID-19 outside of prison than inside, although infection rates inside prisons are twice the rate of the general public. Instead, Judge Meyer wrote in his decision Monday, that MacKenzie should get access to the COVID-19 vaccine if he consents. 

“Certainly, MacKenzie has a ‘fundamental’ legal right to reasonable and adequate medical care as well as a clear and legal right to receive the vaccine due to his age,” the decision reads. 

MacKenzie has served 26 years on a 28-to-life sentence for kidnapping and robbery charges and is eligible for parole in 2022, records show.

“This is a landmark decision,” said Stefan Short, an attorney with the Prisoners Rights Project at the Legal Aid Society. “It sort of reifies what we’ve been saying for weeks, which is that is that our clients are uniquely susceptible and that the vaccination is an important step to protect them.”

Data from DOCCS show COVID-19 infections have soared in recent weeks, increasing at rates twice as high as that of the general public. Five incarcerated people have died from COVID-19 since December 31st, and more than one thousand people have been infected. 

While Corrections officers are currently eligible for vaccination, no specific department-wide plan has been put in place to increase their rate of immunization, according to a union representative, though the state has told other municipal workforces like teachers and firefighters to plan to vaccinate their own members. 

Incarcerated people over the age of 65 are also now eligible for vaccination, according to the state’s rules, and the federal government recommends vaccinating incarcerated people and civilian employees of prisons at the same time, since they’re all at high risk of contracting the virus. But there is currently no timeline for when they might begin to receive shots.

“[The Department of Corrections and Community Supervision] is still working with DOH to develop a plan, as part of the New York State COVID-19 Vaccination Program,” spokesman Thomas Mailey said. He added the Department is reviewing the judge’s decision.

Tagged

COVID-19

pandemic

governor cuomo

coronavirus

vaccine

prison


Gwynne Hogan

Gwynne Hogan is a former Gothamist reporter.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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