Oregon Announces $49 Million Payout to Inmates for Handling of Pandemic

In the early months of the COVID-19 pandemic, a group of prison inmates sued the state of Oregon, arguing it was failing to protect them from the surging public health threat.

On Wednesday, more than six years later, representatives of those inmates—and the estates of inmates who died of the disease—announced they have settled with the state for a massive $49 million.

In a separate news release, Gov. Tina Kotek’s office framed the deal as a way to efficiently resolve a complex and weighty legal dispute: State officials, her office said, determined that the settlement “was in the best financial interest of the state and would minimize the continued distress of those impacted to settle rather than continue with the litigation.”

The case, Maney v. Oregon, includes two class action suits filed during the pandemic. According to the Oregon Justice Resource Center, which represented plaintiffs in the case, the suit covers about 5,000 people who were in Oregon Department of Corrections custody between Feb. 1, 2020, and May 31, 2022.

One class, which includes those who tested positive for or were diagnosed with COVID-19, would get $15.9 million under the deal. The other, the estates of 38 incarcerated people who died from COVID-19, would receive $33 million.

The settlement awaits approval by a magistrate judge, and most of the payout requires an appropriation by the Oregon Legislature during the coming 2027 session.

The suit emerged out of the dark early days of a still-mysterious pandemic—which posed clear risks in closed spaces like prisons. The OJRC says inmates in Oregon endured prolonged lockdowns, disruptions to prison operations, and suspension of visitation and programming.

They also died of COVID at far greater rates than Oregonians in general. The UCLA Law COVID Behind Bars Data Project tallied 52 deaths in Oregon prisons tied to COVID. By June 2021, according to the Marshall Project, the state’s prisons had one of the highest rates of COVID-related deaths in the country.

“We initiated this suit to protect the lives of some of our society’s most vulnerable people, packed into aging facilities with no ability to social distance from each other or [prison] officers,” said Juan Chavez, director of the OJRC’s Civil Rights Project, in a written statement. “The horrors that then came to pass during the pandemic shocked and saddened us. But we also saw, and were inspired by, the resilience and solidarity held amongst incarcerated people.”

Kotek’s office noted the mitigation measures the Department of Corrections implemented amid the pandemic, and said the agency incorporated lessons from the era into its operations.

“This historical event placed significant demands on our corrections workforce, and I appreciate the dedication DOC employees demonstrated throughout the COVID-19 pandemic,” Kotek said in her statement, adding that it was important to remember the impact on incarcerated people and their families too, especially those who lost loved ones. This settlement, she said, “is an opportunity for people to heal and find closure after such a challenging chapter in Oregon’s history.”

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