SURVIVING MIAMI
As COVID-19 spreads in Miami-Dade County jails, people who are currently incarcerated, their families, and advocates are fighting to save lives.
THE SAME MEASURES NEEDED FOR PUBLIC HEALTH AND SAFETY IN THE COMMUNITY ARE ALSO NEEDED FOR JAILS AND PRISONS.
In Miami, like the rest of the country, those with the power to prevent infection and death amid the COVID-19 pandemic have ignored warnings and fought back fiercely against calls to release people or even simply provide basic health and humanity in their detention centers. There is no way to social distance or contain the spread of the virus. Miami jails have denied people incarcerated soap and sanitizer, masks and cleaning supplies.
The Result: Hundreds of preventable infections and a growing number of deaths *
* As of April 30, 2020, more than 300 people incarcerated in the three Miami-Dade jails tested positive for COVID-19, at least according to Miami-Dade Corrections & Rehabilitation (MDCR). We do not have any current numbers of how many people have been infected and/or died from COVID-19 because MDCR has refused to release information on COVID-19 testing, infections, and deaths.
THE COST OF INACTION. THE PROMISE OF COMPASSION.
APRIL 28, 2020
CHARLES HOBBS DIED.
Charles Hobbs, Jr. died while caged pre-trial in Miami-Dade’s Metro West Detention Center without basic sanitation and care. He was only 51. While approved for house arrest, the jail failed to contact his sister to confirm his residence and so he wasn’t released.
His continued incarceration became a death sentence when he contracted COVID-19. Without any kind of medical attention aside from a nurse taking his temperature a few times, his condition deteriorated quickly. He began to struggle with breathing. He started convulsing. Cellmates banged on the bars. Guards took their time. Charles died.
MAY 11, 2020
ANTHONY SWAIN TESTED POSITIVE FOR COVID-19.
Anthony is 43 years old and has been paralyzed from the waist down for most of his life. In February of 2016, Anthony was arrested on drug charges and has been caged on bail he cannot afford in Metro West Detention Center since. He was recently diagnosed with a rare respiratory disease that severely compromises his immune system. On this Mothers’ Day, he tested positive for COVID-19 and was hospitalized. He is now back in jail. His life is in danger.
IN THEIR WORDS:
THE FIGHT TO SAVE LIVES IN MIAMI-DADE JAILS. INACTION. INFECTION AND DEATH. AND AN OPPORTUNITY.
THE TIMELINE:
Officials ignored warnings that a COVID-19 outbreak in Miami jails would cause death and devastation. People who are incarcerated and their lawyers, advocates, and families, fought to save lives, but officials ignored them and fought back. The virus spread like wildfire, resulting in death. For the thousands still alive, including Anthony Swain, it’s not too late to act.
MARCH 15, 2020 · CONFIRMED INFECTIONS: 0
DEMANDS MADE TO RELEASE PEOPLE FROM LOCAL JAILS
The Free the Block Campaign of Dream Defenders, along with a range of legal experts, healthcare professionals, and local activists, demands that the State’s Attorney, courts, police, and the Department of Corrections take decisive action to release as many people as possible and stop new admissions to local jails to prevent an outbreak.
“[T]he human beings confined inside the jail do not have adequate soap, have no safe way to dry their hands, sleep within one to two feet of one another, must wait days to seek medical attention, share with dozens of other people high- touch surfaces that are infrequently cleaned, and are denied basic hygienic supplies such as laundry detergent, cleaning supplies, or tissues.”
— Excerpt from Swain v. Junior, the lawsuit brought by people incarcerated against Miami-Dade Jails
“THE DECLARATION OF ANTHONY SWAIN” by Hilary Bettis and Performed Jelani Alladin, a monologue based on conversations with Anthony Swain.
APRIL 4, 2020 · CONFIRMED INFECTIONS: 0
ANTHONY SWAIN RISKS RETALIATION TO VOLUNTEER AS THE LEAD PLAINTIFF IN A LAWSUIT THAT WARNS THAT A COVID-19 OUTBREAK IN MIAMI-DADE COUNTY JAILS WILL “CAUSE DEATH AND DEVASTATION”
Anthony knew he was especially at risk when COVID-19 entered Metro West Detention Facility. He contacted Dream Defenders, and courageously agreed to become the lead plaintiff in a lawsuit against the jail despite risk of retaliation to secure the immediate release of medically vulnerable people and provide minimum health standards outlined by the Center for Disease Control (CDC).
“A couple of officers also told me that they appreciate me for speaking up, and said that if they file complaints and grievances about things going on in the jail, they just get moved from the working position that they're in to a different working position or to a different jail. One of the officers told me on the elevator, ‘It took an inmate for all of this stuff to happen? Why did it have to take an inmate?’”
— Anthony Swain, incarcerated at the Metro West Detention Center, tested positive for COVID-19
APRIL 7, 2020 · CONFIRMED INFECTIONS: 0
U.S. DISTRICT JUDGE KATHLEEN WILLIAMS ISSUES AN EMERGENCY ORDER REQUIRING MIAMI JAILS TO FOLLOW THE PREVENTION RECOMMENDATIONS FROM THE CENTER OF DISEASE CONTROL
Audio clips (below) on jail conditions from men currently incarcerated in Miami-Dade Metro West Detention Center:
Petition signed by 42 out of 50 people in one of Miami Metro West’s jail cell blocks in protest of the conditions at the jail. (Click image to expand)
“Social distancing is still impossible in my cell, which makes the cell a breeding ground for the virus. Right now, there are three people crowded around the TV in the common area. In the bathrooms, the toilets, sinks, and showers are made out of stainless steel, which I've heard is where the virus can live for multiple days. MDCR only cleans them once or twice a week.”
— Excerpt from Declaration of Anthony Swain, incarcerated at the Metro West Detention Center, tested positive for COVID-19
APRIL 24, 2020 · CONFIRMED CASES: 0
ANTHONY SWAIN ISSUES A WARNING THAT THE JAIL HAS NOT TAKEN ANY OF THE EMERGENCY ACTIONS REQUIRED BY THE FEDERAL COURT OVER TWO WEEKS EARLIER
“The soap bottle is like a lotion bottle with a dispenser that you have to press in order for the soap to come out. That bottle is sitting on the officer's desk, and everyone in the cell uses it. The dispenser has never been cleaned, and the daily cleaning supplies remain watered down. We still don't have access to any kind of detergent to clean high-touch areas of our cell.”
— Anthony Swain, declaration to the court.
“The day the gentleman [Charles Hobbs] came in, which was a Monday, he looked ill. He was looking fragile and weak when he came in. Nobody knew his name. He really didn't talk to anyone. He just came in and that night he was having problems breathing. Some of the guys was still up, so it was around 2:00, 3:00 in the morning, and one of the other inmates went and told the officer that slept by the guy, ‘There's something wrong with this guy. He's sick back here.’”
— Nathaniel Brown, 51, incarcerated at the Metro West Detention Center, discussing Charles Hobbs
APRIL 28, 2020 · CONFIRMED CASES: 163
U.S. DISTRICT JUDGE EXTENDS REQUIREMENT FOR JAIL TO TAKE EMERGENCY ACTIONS. JAIL APPEALS TO HIGHER COURT.
Over the course of 21 days, the jail failed to heed the warnings and refused to implement the CDC recommendations as the Court required. As a result, confirmed COVID-19 cases in the jail increased from zero to 163.
Judge Williams found that it was simply impossible to enforce social distancing rules “absent an additional reduction in Metro West’s population,” and ruled that the Metro West Detention Center demonstrated “deliberate indifference to a serious risk of harm” to the people incarcerated. The Court rejected the jail’s claims that their actions were “more than sufficient to safeguard the health and safety of the inmates and staff at Metro West."
The exponential rise in confirmed COVID-19 cases in Miami Metro West jail during the month of April.
“When I observed that he was having a seizure, I then took off here, I went to the door and let the officers know that the inmate is having a seizure. I was told to sit down. Medical came and when they arrived to see Mister Hobbes, Mister Hobbes…he looked unresponsive.”
— Lavelle Vance, incarcerated at the Metro West Detention Center, tested positive for COVID-19
APRIL 28, 2020 · CONFIRMED CASES: 163
ON SAME DAY, CHARLES HOBBS DIES AS GUARDS IGNORE OTHER CELLMATES’ CALLS FOR HELP.
Early in the morning of the same day as the federal court ruling that the jail was deliberately indifferent to the plight of those incarcerated, Charles Hobbs died from the jail’s deliberate indifference. Witnesses to his death describe a harrowing scene and ignoring their calls for help until it was too late. Mr. Hobbs’s family was never informed about his condition either at jail or when he was taken to the ICU and only found out when the medical examiner’s office contacted them.
“My daughter, she's 14 years old and she's afraid like something's going to happen too. She's crying on the phone when I called and she's crying and like, daddy are you okay? I don't know.”
— Eric Benn, incarcerated at the Metro West Detention Center, tested positive for COVID-19
MAY 4, 2020
LAWYERS SUBMIT POWERFUL WITNESS STATEMENTS ABOUT CHARLES HOBBS’ DEATH AND THE JAIL CONDITIONS THAT LED TO IT IN FURTHER SUPPORT OF THE LAWSUIT
Lawyers only found out about Charles’s death because one of the lawsuit plaintiffs happened to be out in the hallway when an officer from the cell across from him was writing a report about someone found “unresponsive.” The man memorized the jail number on the report and let his lawyers know.
Audio clips (below) about Charles Hobbs’ death as witnessed by men currently incarcerated in Miami-Dade Metro West Detention Center:
“I am so anxious watching this crisis unfold in the jail. I want to leave this jail and be with my family, and particularly my grandchildren. I’m not in this alone. There are thirty-plus other people in my dorm who are enduring this pandemic, who are scared, and who want to go home to their families.”
— Gregory Arrington, incarcerated at the Metro West Detention Center, tested positive for COVID-19
MAY 5, 2020
APPEALS COURT RULES THAT JUDGE WILLIAMS ABUSED HER DISCRETION AND THAT MIAMI-DADE CORRECTION AND REHABILITATION (MDCR) WOULD BE “IRREPARABLY INJURED” IF REQUIRED TO PROVIDE SOAP AND DISINFECTANT PRODUCTS TO EACH PERSON INCARCERATED
The 11th Circuit Federal Court of Appeals gave the green light to the MDCR to continue jailing even the most vulnerable people and depriving thousands caged with basic health and humanity. They also ended the requirement that MCDR provide updates on current numbers of infections and deaths by COVID-19.
“I am terrified of going back to Metro West. At Metro West, I have been told that everyone who tests positive for coronavirus is put into a “medical isolation cell” with dozens of other people who have tested positive. There are no guards, nurses, or doctors in those medical isolation cells. If I was unable to breathe again in one of those cells, I’m scared I might end up like Charles Hobbs who died about a week ago in a medical isolation cell.”
— Excerpt from Declaration of Anthony Swain, incarcerated at the Metro West Detention Center, tested positive for COVID-19
MAY 11, 2020
ANTHONY SWAIN DIAGNOSED WITH COVID-19. HOSPITALIZED. THEN RETURNED TO JAIL.
Anthony believed that if he wasn’t released immediately, it was inevitable that he would catch the coronavirus at the jail and die just like Charles Hobbs. He was so concerned that he asked to be tested five different times and was denied each time. And then the week of May 4, he began having trouble breathing. He repeatedly asked to be hospitalized, but was ignored. “Ain’t nothing wrong with you.” Finally guards called a medical emergency when his pain became unbearable and he was hospitalized. He tested positive.
“When I was told I had the virus, I felt like I had been stung with a sharp needle. I am scared for my life due to all of my pre-existing medical conditions.”
After a couple of days in the hospital, he was returned to jail.
Anthony Swain's parents speaking at an action in MIAMI to demand State Attorney Katherine Fernandez Rundle #FreeThemAll. A judge determine...
PRESENT
ANTHONY SWAIN IS NOW BEING HELD IN HORRIFIC CONDITIONS. AND, A JUDGE STILL WOULDN’T RELEASE HIM.
After Anthony was sent back to jail, they placed him in “medical isolation.” He is now on lockdown in a 6 x 9 foot cell, by himself, that has a bed, sink, and no toilet. The first few nights, they didn’t give him a medical bed, so he got bed sores and was eaten up by ants.
ON MAY 18:
He was forced to sit in his own defecate for 7 hours, asking for help. When guards finally heard him, they told him he couldn’t shower because they were using the handicapped shower for storage.
ON MAY 19:
An emergency release hearing was granted. He and his advocates and family were hopeful. Advocates shared his horror story. Miami-Dade lawyers responded by claiming he was lying and that his conditions were sufficient. The judge said that she “hoped” the county would look into the claims. But denied his release.
Anthony’s continued incarceration could cost him his life. His bond is set at $85,000, an amount that no one but the very wealthiest could afford. The only way out now: Pay bail he can't afford.
TODAY
CONFIRMED CASES: 481. THAT’S 41% OF THOSE TESTED. 30% STILL HAVEN’T BEEN TESTED.
TAKE ACTION
BEING JAILED SHOULDN’T BE A DEATH SENTENCE FOR ANYONE
DECARCERATE MIAMI FOR PUBLIC HEALTH
Legal experts, healthcare professionals, and local activists urge action to immediately decrease the Miami jail population in order to save lives amid COVID-19 crisis. They are calling for the immediate release of all people who are currently incarcerated on bondable offenses, release of all people in jail who have fewer than 60 days remaining on their sentences, and to stop adding new people to the jail population. Sign this petition to support their demands.
FREE ANTHONY SWAIN
Anthony’s continued incarceration could cost him his life. A judge determined that Anthony was eligible for pretrial release, but set his bond at $85,000, an amount that no one but the very wealthiest could afford. Anthony needs your help to come home and get the medical care he needs.
THIS PROJECT OF HEAR US WAS CREATED IN PARTNERSHIP WITH:
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SUPPORTING DOCUMENTS
THE LAWSUIT: SWAIN v. JUNIOR
FIRST DECLARATION OF ANTHONY SWAIN
SECOND DECLARATION OF ANTHONY SWAIN
THIRD DECLARATION OF ANTHONY SWAIN
THE DECLARATION OF GREGORY ARRINGTON
THE DECLARATION OF EFRAIN GARCIA
EMERGENCY ORDER REQUIRING MIAMI JAILS TO FOLLOW RECOMMENDATIONS
THE APPEAL COURT RULING
CURRENT PROJECTS
VIRAL MONOLOGUES
The 24 Hour Plays: Viral Monologues (COVID & Incarceration Edition) by playwrights and actors based on people impacted by criminalization.
SURVIVING MIAMI
As COVID-19 spreads in Miami-Dade County jails, people who are currently incarcerated, their families, and advocates are fighting to save lives.