GREEN JUSTICE
Connecting clients with causes to attorneys with vision

Today, Green Justice Legal, a virtual public interest law firm, won a significant victory for prisoner rights in the face
of the current coronavirus outbreak. Attorneys Emily Posner and Alexander “Sascha” Bollag represent Mr.
Christopher Marlowe, a prisoner with diabetes, who, according to the Center for Disease Control (CDC), is at a
heightened risk of severe complications from COVID-19. Judge Brian A. Jackson of the Middle District
of Louisiana issued an injunction ordering the Louisiana Department of Public Safety & Corrections, and
specifically the B.B. “Sixty” Rayburn Correctional Center, to submit a plan within five (5) days to ensure proper
hygiene practices, and implement social distancing, as recommended by the CDC and other public health authorities.  The Judge further ordered  a plan to minimize exposure to possible infected persons when the prisoner visits the infirmary and cafeteria areas of the prison. The Court noted that it “may impose additional substantive precautionary measures following its review and evaluation” of the plans.

Mr. Marlowe, who has an ongoing lawsuit against the Department of Corrections regarding the substandard
care and diet he receives as it relates to his diabetes, which he developed since being imprisoned, filed a
motion for a temporary restraining order on April 1, 2020, after several prisoners were diagnosed with
COVID-19 at Rayburn Correctional Center. As of this writing, 28 people there have tested positive. During a
telephone hearing, Mr. Marlowe testified to the lack of precautionary measures and the impossibility of
proper social distancing in the confines of the facility. Mr. Marlowe was convicted by a non-unanimous jury
and it is therefore legally questionable whether he should even be imprisoned at this time, in the light of
the Ramos Supreme Court ruling this past Monday. Ramos held felony convictions by a non-unanimous jury
are unconstitutional.

The people of New Orleans won an important victory today in their fight for a clean energy future. Judge Piper Griffin ruled that the New Orleans City Council violated the Louisiana Open Meetings Law, which guarantees the right to participate in public meetings. A number of community groups, environmental advocacy organizations and individuals argued that their rights to participate in the public process had been violated at two City Council meetings, where residents were barred from speaking. The meetings centered on construction of a new unnecessary power plant by Entergy New Orleans, which was then approved by the Council. The judge noted the strong protections of Louisiana's Open Meetings Law, and acknowledged that Entergy tainted the public process by hiring paid actors to take up seats and even give canned public comment in support of the plant.

Green Justice attorney Sascha Bollag co-represented VAYLA New Orleans, Justice and Beyond, 350 New Orleans, Sierra Club, and individual plaintiffs. A full press release on today's victory can be found here.