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NEWS Department of Corrections Faces Legal Challenges as Employees Receive COVID-19 Vaccine
Inmates claiming inadequate protection from COVID-19 receive favorable judgement in ongoing case against DOC, as staff receives first vaccines
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By Ashley Moreno
As of Jan. 10, statewide 27 adults in custody incarcerated by the Department of Corrections have died after testing positive for COVID-19, according to the DOC’s Response to the Novel Coronavirus in Oregon website. There are 604 active cases among AICs statewide—including 25 at the Deer Ridge Correctional Institute in Madras. Cases among DOC staff are self-reported due to the Health Insurance Portability and Accountability Act, but there have been 43 such reported cases at DRCI to date, 705 statewide.
Prisons present a unique challenge for enforcing COVID-19 health precautions because of the close quarters for inmates and staff. To try to address the issue, prison staff and AICs have been placed in Oregon’s Priority Group 1B for vaccination. This falls in line with the vaccine prioritization framework recommended by the Centers for Disease Control and Prevention, which puts people living in congregate or overcrowded settings in a group just behind the group with health care workers and first responders (Priority Group 1A).
The Oregon Department of Corrections received an initial shipment of 400 doses of the Moderna vaccine and expects “regular access to, and distribution of, additional vaccines in the future,” according to a Dec. 28 press release. The DOC operates 14 prisons across the state with approximately 13,000 adults in custody.
“Beginning Mon., Dec. 28, clinics were [set up] across the state, including at DRCI, to distribute the vaccine,” a spokesperson for the DOC told the Source via email. “We are happy to report that by Wed., Dec. 30 all 400 doses were delivered to staff.” As additional vaccines are available, they’ll be provided to more staff, contractors and AICs.
While the spokesperson didn’t clarify how many vaccines went to staff at DRCI, they did say that as of Jan. 5, there are 712 AICs and 210 employees there. The Oregon Health Authority, the CDC, the Advisory Committee on Immunization Practices and the governor’s office will provide guidance on how to prioritize getting staff and AICs vaccinated. Per initial guidance, the first vaccines go to those in close contact with COVID-19-positive individuals and infectious materials, the spokesperson said. That includes AICs whose work assignments involve cleaning and disinfecting COVID-19-positive units. The DOC doesn’t currently have an estimate for when AICs will be offered a vaccine regardless of risk level or work assignment.
“The Vaccine Advisory Committee will consider how adults in custody fit into the 1B prioritization as they consider other groups to be included in the 1B category,” the spokesperson said. “Once that determination is made and communicated with DOC, we will work diligently to implement the distribution plan.” Vaccination is voluntary but encouraged.
The DOC faces legal challenges for its COVID-19 response
The DOC’s COVID-19 precautions thus far have included suspending visitation to prisons. Since March 2020, all DOC prisons remain closed to visitors, volunteers and the majority of contract employees, according to a DOC spokesperson. AICs are staying together by unit, inmates are asked to keep 6 feet apart and group activities in the yards have been eliminated.
Despite these efforts and others, COVID-19 made it into the prisons. A lawsuit from the Oregon Justice Resource Center claims the DOC failed to do enough to protect inmates, and its Civil Rights Project Director, Juan C. Chavez, is working on a class-action lawsuit against the DOC and others over the handling of COVID-19 in prisons, according to Alice Lundell, OJRC’s director of communication.
The lawsuit seeks damages for inmates who allege that officials violated the Eighth Amendment—which protects people from excessive bail and fines and cruel and unusual punishments—and negligently responded to the coronavirus pandemic. Initially, the named-Plaintiffs were Oregon prisoners with pre-existing conditions or other factors that make them vulnerable to a serious COVID-19 infection, Chavez said. Since then, a few of them have caught COVID-19. The OJRC was handed a victory in the case in mid-December when U.S. Magistrate Judge Stacie F. Beckerman rejected Gov. Kate Brown’s qualified immunity argument made during the discovery process. Qualified immunity would have meant that the state wasn’t responsible for the damages because the novelty of COVID-19 meant no previous case clearly established the appropriate constitutional response. But Beckerman sided with the inmates, ruling that the state had enough fair warning of its responsibility to protect them from increased exposure risk to COVID-19, and the case will move forward.
Oregon Department of Corrections
The DOC Chief Medical Director Dr. Warren Roberts encourages all DOC employees, the adults in custody and the public to also get vaccinated as soon as it is available to them.
Chavez says DOC policies and the realities of what’s happening in prisons don’t always line up. For example, DOC’s official line on testing is:
“AICs who would like to be tested or who are experiencing symptoms of COVID-19 can reach out to Health Services via staff member or by written communication. After a full assessment by Health Services, the AIC may be tested for COVID-19. If an AIC tests positive for COVID-19, the patient will be placed in medical isolation—and promptly transferred to an institution with 24/7 medical care, if necessary,” according to a DOC spokesperson.
“I’ve heard from the DOC that that’s their policy,” Chavez said. “But that just isn’t what we’ve heard from people.” He says AICs report that tests are rare, but that many AICs also don’t want tests because they’re afraid of how they’ll be treated if positive.
“It’s no secret that AICs don’t want to be tested,” Chavez said. “They don’t want to be put in solitary confinement.” He says, “there’s a lot that’s bad about prison,” but that for most AICs, “nothing compares to solitary confinement.”
When asked if he thought prisoners would get the vaccine when available, Chavez said there needs to be better education about the value of vaccines and what will happen to the prisoners after vaccination.
“A lot of AICs have good reason to have grave distrust of DOC,” he said. For example, he says some AICs have expressed concerns that they are not going to be provided vaccines or that vaccines will not be administered correctly. Concern around how the system treated AICs who tested positive in the past may hinder vaccination efforts, too. For example, he says prisoners may worry that if they get vaccinated, and then later test positive for antibodies, they might be put in solitary.
With vaccines in short supply, not everyone may sympathize with prioritizing prisoners in Group 1B. But outbreaks at prisons can lead to infections in the community at large. Also, there are moral implications.
These prisoners were not sentenced to die of COVID-19, Chavez said. He “implores” people to think about how the treatment of prisoners “falls on our consciences.”
“The vast majority of people know how dangerous this disease is and have changed their lives to protect loved ones,” Chavez said. Those opportunities were never offered to people who are incarcerated—not in Oregon, he said.
Requesting that the Court certify the OJRC lawsuit is the next big step, Chavez said via email Jan. 12.
“That can be a complicated issue, and we had to gather and establish enough facts to support the argument that we’re addressing a class-wide issue,” he said via email. “If the Court denies us, that means that instead of ODOC facing one big class-action, they will be dealing with 2,800 and rising individual cases. That motion is due on March 1, 2021.”
Noticias en Español
Un regreso al aprendizaje en persona… en su mayoría
La Superintendente de las escuelas de Bend-La Pine, anunció el 7 de enero que los alumnos del distrito escolar comenzarán a regresar a las aulas a partir de este mes. Los alumnos de las escuelas de Bend-La Pine en el nivel escolar K-3 regresarán a las aulas cinco días a la semana, comenzando el 25 de enero, los alumnos en nivel escolar 4 y 5 regresarán a las aulas dos veces por semana, comenzando el 1º de febrero y los alumnos del nivel escolar 6-12 regresarán a las aulas dos días por semana comenzando el 8 de febrero, el primer día del nuevo semestre. Los días que no estén en las aulas, los estudiantes continuarán recibiendo enseñanza en línea.
Antes de su regreso a las aulas, los alumnos participarán en semanas de orientación para “conocer la guía de protocolos y protección en las aulas.” En las escuelas primarias parte de la orientación consta en enseñar a los alumnos como lavarse las manos. Para permitir el distanciamiento físico, las aulas estarán ocupadas al 50% de su capacidad.
El regreso a las aulas es constante con el anuncio de la gobernadora Kate Brown / Gov. Kate Brown’s announcement del mes pasado, de que los parámetros en relación al regreso de los alumnos a las escuelas será “consultivo” en vez de “mandatorio.”
La guía para el año escolar 2020-21, “Ready Schools, Safe Learners”, ordena que el aprendizaje en persona viene junto con requisitos como: usar cubiertas para el rostro, limpiar y desinfectar y aumentar al máximo la circulación del aire y la ventilación de los edificios.
“Si bien hemos desarrollado un plan de incorporación para que todos los alumnos en los niveles escolares K-12 regresen al aprendizaje en persona, de ser necesario, estamos preparados para retrasar el regreso de los estudiantes con mayor edad”, redactó Nordquist. Necesitamos el apoyo de toda nuestra comunidad conforme se presenten cambios, incluyendo el aumento de la propagación en la comunidad, esto resultaría en revaluar y cambiar nuestros planes.”
Mientras que las familias tendrán la opción para que sus hijos regresen al aprendizaje en persona, también tienen la opción de inscribirse en el Programa Virtual en Línea de las escuelas de BendLa Pine, que existe desde hace 10 años.
Redmond regresa el 2 de febrero
En el distrito escolar de Redmond, todos los alumnos comenzarán a asistir a clases en persona, con un programa híbrido, la semana del 2 de febrero. Los dirigentes del distrito escolar de Redmond, anunciaron el 8 de enero que al igual que en otras escuelas, se les pedirá a los alumnos usar cubrebocas y practicar el distanciamiento social, y asistirán a clases en grupos pequeños. Los alumnos de Redmond también tendrán la opción de hacer la escuela totalmente en línea.
Según OPB, la gobernadora Brown tiene la esperanza que todos los maestros en Oregon estén vacunados contra el COVID-19 antes del 15 de febrero.
Toma de posesión del nuevo Consejo Municipal
Los nuevos concejales de la ciudad de Bend, Anthony Broadman, Melanie Kebler, Megan Perkins y Rita Schenkelberg tomaron juramento del cargo durante la junta del Consejo Municipal del miércoles y la concejal Gena Goodman-Campbell fue elegida por unanimidad como la nueva alcaldesa provisional. La persona en el cargo de alcalde provisional puede servir como oficial dirigente en cualquier momento que la alcaldesa no esté disponible. Si bien la junta permaneció con un espíritu de celebración, los violentos motines del día sucedidos en el Capitolio en Washington emitieron una sombra durante la junta.
Debido a los requisitos del distanciamiento social a causa de COVID-19, la Juez Municipal Gwen Moore, llevó a cabo el juramento de los concejales a distancia. Algunos de los familiares pequeños de los concejales hicieron apariciones sorpresa.
La alcaldesa Sally Russell comenzó la reunión con una mención esperanzadora, pero honesta, de los desafíos que estará encarando el Consejo en el próximo año.
“Es un nuevo año y hay nuevas oportunidades,” comentó Russel. “Hemos tenido una temporada de electoral turbulenta en nuestro país y también hemos vivido algunos momentos turbulentos en nuestra comunidad. En realidad, es un alivio llegar a este punto y estar todos trabajando en conjunto. Ha habido muchas transiciones desde el 2020 – incluyendo el daño generalizado a nuestra economía, la lucha sin fin para lograr obtener la justicia social y el trágico espectro abrumador de COVID-19.
“Pero estamos aquí porque nuestro país y nuestra ciudad dependen de la democracia y proceso confiable de la democracia que está tomando lugar en nuestra comunidad y en nuestro país.” comentó Russell. “Y esta noche, reunirnos y la toma de posesión de este nuevo consejo también es una celebración a la democracia.”
A Return to In-Person Instruction... Mostly
By Nicole Vulcan
Bend-La Pine Schools Superintendent Lora Nordquist announced Jan. 7 that students in the district would begin returning to classrooms as early as this month. Bend-La Pine students in grades K-3 will return to classrooms five days a week starting Jan. 25; students in grades 4 and 5 will return two days a week Feb. 1, and students in grades 6-12 will return two days a week starting Feb. 8, on the first day of the new school term. On days they’re not in classrooms, students will continue to receive instruction online.
Prior to their return to classrooms, students will engage in orientation weeks for “safety and classroom protocols orientation.” In elementary schools, part of that orientation will include teaching kids how to wash their hands. To allow for physical distancing, classrooms will be at about 50% capacity.
Broadman, Melanie Kebler, Megan
Perkins and Rita Schenkelberg took their oaths of office at Wednesday’s City Council meeting, and Councilor Gena Goodman-Campbell was unanimously voted the new mayor pro-tem. The person in the mayor pro-tem role can serve as the presiding officer any time the mayor isn’t available. While the meeting remained overall celebratory, the day’s violent riots at the Capitol in Washington cast a shadow over the meeting.
Due to COVID-19 social distancing requirements, Municipal Judge Gwen Moore swore in the councilors remotely. Some of the councilors’ younger family made surprise appearances, which provided the evening some levity.
“That was way better than without family!” Councilor Barb Campbell said,smiling. Mayor Sally Russell then started the meeting on a hopeful, but honest note about the challenges facing the Council in the coming year.
“It’s a new year and new opportunities,” Russell said. “We’ve had a tumultuous election season in our country, and we’ve also had some moments in our community. It’s really a relief to get to this point, and to be all working together. There have been a lot of transitions coming out of 2020—including pervasive damage to our economy, the never-ending struggle to achieve social justice and the overwhelming tragic specter of COVID-19.
“But we are here because our country and our city depend on democracy, and the solid process of democracy taking place in our community and in our country,” Russell said. “And tonight,
The return to classrooms is in keeping with Gov. Kate Brown’s announcement last month that the metrics around students’ return to school would be “advisory” rather than “mandatory.”
The Oregon Department of Education’s “Ready Schools, Safe Learners” guidance for the 2020-21 school year dictates that in-person instruction comes with requirements that include face coverings, cleaning and disinfecting and maximizing airflow and ventilation in buildings.
“While we have developed a phasedin plan for all students K-12 to return to in-person learning, we are prepared to delay the return of older students, if necessary,” Nordquist wrote. We need the support of our entire community as changes, including increased community spread, would mean a need to reassess and potentially change our plans.”
While families will have the option to return their students to in-person the gathering together and swearing in of this new council is also a celebration of democracy.”
Each of the new councilors then offered comments.
Broadman spoke to his goal “to connect our city—not just as a community, but physically” with progressive transportation initiatives and his goal of “ensuring the promise of our city” is available to everyone.
“I’m really proud to be a steward for the land we call Bend,” Broadman said. “This position as I see it is pretty simple. Once you get to tonight—along with the incredible staff of the City of Bend who do the hard work of running this city—it is really on us to answer one question: How can we make this the greatest city to live for everybody? The purity of the mission is simple. It’s profound, but I want you to know we take it very seriously.”
Kebler expressed excitement about the celebratory day for the City of Bend, but also called it a “very dark day for our nation” due to the “insurrection” at our nation’s Capitol.
“The image of a confederate flag being proudly waved in the halls of our Senate chamber today—an image that made me sick to look at—is a result of white America’s failure to confront the fact that the creation of our nation and our state that we are in right now is rooted in white supremacy. We have to dismantle it at every level.”
She says she looks forward to helping Bend in that work. “I believe that Black Lives Matter, and that saying so is not a political statement, but it’s a human rights statement,” she said. instruction, they also have the option to enroll in the Bend-La Pine Schools Online program, in existence for the past 10 years.
Redmond returns Feb. 2
In the Redmond School District, all students will start attending classes in person on a hybrid basis the week of Feb. 2. As in other schools, students will be required to wear masks and practice social distancing, and will attend class in small cohorts, RSD officials announced Jan. 8. Redmond students will also have a full-time online option.
Teachers press for vaccinations before opening
On Jan. 11, a group of 47 teachers and classified staff from Summit High School in Bend sent a letter to BLPS’ superintendent, asking that the return to school come only after all teachers
With her time, Perkins asked the people of Bend to hold her accountable. “If I’m not doing my job listening to all the people of the city,” Perkins said. “If I’m missing key information. If I’m not responding to you. If I’m speaking from a place of privilege and not seeing the reality, hold me accountable.” But she did ask for “one small thing” in return.
“Do it with some kindness,” she said. “I promise to treat you with respect and listen to you. Please do the same with me. I think we could all do with some kindness these days.”
She also added sentiments regarding her stance on inclusivity.
“And because it needs to be said by every single person that looks like me, Black Lives Matter,” Perkins said.
Like her fellow councilors, Schenkelberg thanked several people— including her ancestors and those who lived here before.
“I offer gratitude to this land that we stand on right now, and the indigenous and staff have had the opportunity to be vaccinated. With Gov. Brown’s targeted date for all students to return to school being Feb. 15, she announced Jan. 12 that educators and people over the age of 65 would begin receiving vaccinations Jan. 23, after federal officials announced they’d release more doses rather than storing them.
“Nailing that Feb. 15 vaccination target, which seems optimistic, would be great,” Summit teacher James Williams told the Source via email. “But we should wait to return in person until vaccinations have been offered to all staff. (Of course the actual process takes time—getting both shots, weeks apart, and waiting for them to do their thing is approximately a month-long process—so technically we'd be looking at an early March return, depending on how soon we
New City Council Takes Office
By Ashley Moreno
New Bend City Councilors Anthony
Four new councilors took the oath of office Wednesday—making the newest Bend City Council consist of six women and one man.
can get those first jabs.)” City of Bend / Screenshot people who don’t get to live here right now,” Schenkelberg said. “They are the foundation, and they’re the reason we are here. I offer gratitude to my ancestors because they made sure my butt made it in this seat.”
She then closed the roundtable with a unique perspective as the only queer person of color on Council.
“As a queer person of color, imagining being an elected official was not even a dream,” she said. “And so to be sitting in this seat and to be working with humans who see me, and humans who are willing to take accountability and work towards being more equitable and saying ‘Black Lives Matter’ very clearly makes my heart sing. It makes me so excited to be sitting here and to learn and to lead.”
The new councilors join Mayor Sally Russell and Councilors Barb Campbell and Gena Goodman-Campbell. Councilors and the Mayor serve fouryear terms.
