UPDATE: On June 26, 2020 a North Carolina Superior Court judge ruled that plaintiffs were likely to win their claim that people incarcerated in North Carolina prisons during the COVID-19 pandemic are being held under unconstitutional conditions of confinement. The judge ordered the parties to return to the Court later with a plan for ensuring that people across its state prisons will be kept safe. 

The ACLU of North Carolina, Disability Rights North Carolina, Emancipate NC, Forward Justice, and the National Juvenile Justice Network filed a lawsuit in Superior Court to ensure that the Governor and other public officials take further action to stop the deadly spread of COVID-19. The lawsuit was filed on behalf of the NC NAACP, Disability Rights North Carolina, the ACLU of North Carolina, three people who are currently incarcerated, and a spouse of an incarcerated person after the North Carolina Supreme Court denied a petition to take up the case.

From the outset of the pandemic, public health experts sounded the alarm that without swift and drastic actions, prisons and jails across the country would see severe outbreaks of COVID-19. The lawsuit seeked an immediate order compelling officials to reduce the prison population in order to enable the social distancing that experts agree is necessary to prevent the spread of this deadly virus. 

Date filed

April 8, 2020