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PETITIONERS, INMATES AT A CORRECTIONAL FACILITY, RAISED ALLEGATIONS COGNIZABLE IN HABEAS CORPUS REGARDING THE FACILITY’S RESPONSE TO COVID-19; SUPREME COURT SHOULD NOT HAVE REFUSED TO ISSUE AN ORDER TO SHOW CAUSE WHY THE PETITIONERS SHOULD NOT BE RELEASED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the petitioners, inmates at Otis Correctional Facility, had made allegations with respect to the facility’s response to COVID-19 which were cognizable in habeas corpus. Therefore Supreme Court should not have refused to issue an order to show cause why the inmates should not be released:

… [T]he petition alleged that the inmates were being unlawfully imprisoned in violation of the Eighth Amendment of the United States Constitution because, in light of certain physical conditions and attributes specific to them as well as unalterable conditions of incarceration at Otisville, there were no measures that could be taken to protect them from the grave risk of death or serious illness posed by the COVID-19 virus while they were incarcerated in that facility. Thus, the petitioner alleged, the only remedy to cure the illegality of the inmates’ detention would be their immediate release. Contrary to the respondents’ contention and the conclusion of the Supreme Court, these allegations are properly cognizable in habeas corpus … . Accordingly, the court should not have refused to issue an order to show cause why the inmates should not be released (see CPLR 7003[a]). People ex rel. Tse v Barometre, 2020 NY Slip Op 06280, Second Dept 11-4-20

 

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