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Inmates sue New Mexico prison over lack of virus safeguards

SANTA FE – More than 50 inmates have sued the Penitentiary of New Mexico claiming the facility near Santa Fe did not protect its inmates from the coronavirus.

The New Mexico Supreme Court was asked to intervene after 56 inmates submitted a handwritten petition alleging safety regulations intended to prevent the spread of COVID-19 were too lax and caused an outbreak in late October, The Santa Fe New Mexican reported.

The lawsuit said prison officials did not conduct enough tests, did not separate inmates from those possibly infected and continued to have crews work outside in violation of state prison guidelines.

The New Mexico Corrections Department and governor’s office declined to comment about the pending litigation.

The lawsuit asks that the state corrections secretary enforce coronavirus guidelines, reform internal prison practices, provide proper medical care and release eligible inmates to community detention centers to reduce overcrowding. The lawsuit also requests monetary damages.

Christopher Martinez, an inmate who wrote the petition, said in the lawsuit that an outside employee who showed COVID-19 symptoms was repeatedly allowed into a prison kitchen Oct. 23 despite being continuously asked to leave.

Martinez said eight people tested positive for COVID-19 shortly after and more than 45 inmates tested positive by early November. The facility had 141 confirmed COVID-19 cases since the pandemic began in March, the lawsuit said.

“These accounts are extremely concerning, and we are looking closely at the petition,” public defender Kim Chavez Cook said.