Legal-Ease: Sick behind Bars

As they quarantine at home, some celebrities have made jokes about feeling like they are in prison.  In response, many people have justifiably pointed out that being confined to a 10,000 square foot mansion is not comparable to prison.  However, even for those of us who cannot leave our more modest homes, we can feel quite confined.

Nevertheless, we are not prisoners, because prison is a lot more confining than can be understood by anyone who has not been incarcerated.  Because of close quarters, inmates are precluded from social distancing from each other, and the virus has spread through some prisons in our state faster than a state trooper pulling over a speeding car.

The Supreme Court has held that prisons do not have to be “comfortable.”  Nonetheless, inmates may not face cruel or unusual punishment. The law has determined that cruel or unusual punishment is punishment that is inhumane or violates the basic concept of a person’s dignity.  For instance, access to clean water, food, and a toilet as well as placement in a room with a temperature that it not excessively cold or hot would be considered parts of the basic concept of a person’s dignity.

 

Read more about this in Lee’s article in the Lima News here: “Legal-Ease: Sick behind bars,”

Source: LimaOhio.com, “Legal-Ease: Sick behind bars,” by Lee R. Schroeder, April 25, 2020

Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.

Posted in COVID.