Jail Sued for COVID-19 Outbreak

Maxted Law LLC filed a class action lawsuit, with the ACLU and two other law firms, against El Paso County Sheriff Bill Elder after a massive outbreak of over 1,000 cases of COVID-19 in his jail and revelations that the facility was failing to implement mask-wearing and other necessary safety protocols.

In an interview with KOAA News5, attorney David Maxted stated, "There's no question that the jail has failed to comply with basic CDC guidance,” and that it was “haphazard mismanagement of this facility that led to this skyrocketing outbreak in the jail." Plaintiffs, which include a pregnant woman and other medically vulnerable people, were prohibited from wearing masks, and the jail has failed to separate people positive for COVID-19 from others.

Maxted also pointed out that the case is about more than COVID-19 precautions. "It's also making sure that folks are evaluated if they're symptomatic. They're getting appropriate treatment, just like they would if they're in the community," said Maxted. The jail has failed to ensure sick people are evaluated and treated for COVID-19 when symptomatic.

The ACLU press release, complaint, and other case documents are located here.

In addition to the ACLU, the case was filed with Dan Williams of Hutchinson, Black, and Cook, LLC, and Jamie Hubbard of Stimson Stancil LaBranche Hubbard.