Oregon to pay inmates who got COVID-19 in $49M class settlement

Oregon is set to pay $49 million in a class action lawsuit to people who got COVID-19 in prison at the height of the pandemic and the estates of those who died.

The largest chunk of the money, $33.1 million, will go to the families of 38 people who died from COVID-19 while in custody. About 5,000 people who contracted COVID-19 will receive some of an almost $16 million pot of money for damages, according to the Oregon Justice Resource Center.

A motion to approve the settlement was filed on June 24 in U.S. District Court, as first reported by Oregon Public Broadcasting.

The class members who were infected while in Oregon Department of Corrections custody will receive a minimum of $1,000 and a maximum of $41,000, depending on severity.

The state will pay more than $870,000 to the estates of those who died.

The suit was filed in April 2020 on behalf of several inmates and argued that the state was not providing adequate care to those at risk of contracting COVID-19, violating their Eighth Amendment rights against cruel and unusual punishment. A federal judge later ordered vaccinations be offered to inmates before they were widely available statewide.

“We initiated this suit to protect the lives of some of our society’s most vulnerable people, packed into aging facilities with no ability to social distance from each other or ODOC officers,” Juan Chavez, director of OJRC’s civil rights project, said in a statement.

In a press release, Gov. Tina Kotek said she determined with the Oregon Department of Justice that settling was the best choice for the state financially and to “minimize the continued distress of those impacted.”

“This historical event placed significant demands on our corrections workforce, and I appreciate the dedication DOC employees demonstrated throughout the COVID-19 pandemic,” Kotek said in a statement.

The struggles faced by incarcerated people and their families from the pandemic should be recognized, she said.

“This settlement is an opportunity for people to heal and find closure after such a challenging chapter in Oregon’s history,” Kotek said.

ODOC has incorporated knowledge gained during the pandemic into its regular operations, the release said.

“At the Oregon Department of Corrections, our employees reported to work day after day, and year after year, to ensure the safety of our communities while continuing to care for the adults in custody,” ODOC Director Mike Reese said in a statement. “They did so under unprecedented conditions, often placing their own health, and the health of their families, at risk. Their commitment, resilience, and sense of duty during this period cannot be overstated.”

The state will pay out $10 million of the settlement while the rest must be allocated and approved by the legislature in the 2027 session. If lawmakers decline to do so, the case will reenter litigation.

Reporting by Anastasia Mason, Salem Statesman Journal