Suit Says NYC Dept of Corrections Put Workers at Risk by Misdiagnosing Covid; Used Faulty Thermometers

By Ilana Siyance

A new lawsuit alleges that the New York City Department of Corrections put its workers at risk for COVID-19 by “purposefully” misdiagnosing staff and inmates. The suit filed on Saturday, in Manhattan Supreme Court by several jail guards, claims that the correction facilities even use inaccurate thermometers that give impossibly low readings.

As reported by the NY Post, NYC Correction Officers Marchele Franklin and Christopher Kinloch allege that due to the agency’s careless handling of the pandemic, they both contracted Covid-19 at work, suffering severe symptoms. They said in the suit, that they were required to work without proper PPE including masks and hand sanitizer “and in some instances [were] prohibited from wearing masks.”

Two other plaintiffs in the case are correction officer Michael Nelson, and Jasmine Jonas, “who was pregnant,” but likewise allegedly forced to work in the Manhattan Detention Center without any PPE, as per court papers.

The suit also alleges that while the DOC screens staff, in compliance with COVID-19 protocols, by taking their temperatures when they entered the facilities, it is just a face because they use “defective temperature thermometers that read staff as having temperatures so low that they would be dead if the thermometers were correct,” as per the filing. Regardless, even those temperature readings were not recorded anywhere, the suit alleges. “The defendants act of misdiagnosing and purposefully failing to diagnose infected persons and track and trace inmates and staff breached the defendants’ duty of care,” the suit says.

The DOC’s “reckless and intentional conduct” has “caused plaintiffs distress as to their wellbeing, but also that of their loved ones,” the court documents charge. The case also claims that because of the shoddy handing of COVID-19 at city jails, some guards “isolated themselves from going [home] to their loved ones in an effort to mitigate their exposure”.

The officers are suing for unspecified damages. As per the Post, these four jail guards were also plaintiffs in another lawsuit filed in April by some 23 city jail workers. That suit alleged that the DOC did not enforce social distancing guidelines for inmates and officers, intentionally hoping that it would lead to “absenteeism”, and reach a long term goal of reducing the staff. That case was settled between the parties in June.

The DOC didn’t comment but deferred comment to the city Law Department. A city Law Department spokesman said, “DOC follows the relevant guidance from its public health partners to ensure the health and safety of everyone in its facilities.” Adding, “We’ll review the case.”