Butner inmates withdraw lawsuit that asked for release as pandemic spread

The FBI said the inmates failed to prove that the prison violated their constitutional right to avoid cruel and unusual punishment during the coronavirus pandemic. The inmates accused Butner of failing to control the spread of the coronavirus, and exposing them to a place where they could contract the disease.

The suit said that Butner's failure to prevent the spread of the virus was a violation of their 8th amendment rights.

As of June 3, a total of 1,277 inmates tested positive for COVID-19, out of the more than 4,000 inmates imprisoned at Butner, according to court records. As of June 6, Butner has reported 19 inmate deaths related to COVID-19 and 664 active inmate infections.

Federal prison inmate in Butner who tested positive for COVID-19 dies

Butner prisoners claimed in the suit that the facility did not properly isolate inmates once they contracted COVID-19, per CDC guidelines. The facility did not provide treatment for coronavirus to one of the inmates involved in the lawsuit who was sick.

The court decided that the 8th amendment did not apply to this situation and the courts could not grant a temporary restraining order or release of prisoners.

"We are gratified that the court, in its ruling denying the inmates’ request for a temporary restraining order and preliminary injunction, recognized the efforts that officials at FCC Butner have made to minimize the risk of virus infection to the prisoners while doing their usual excellent job at maintaining order and ensuring the safety of the public in operating these critical facilities," US Attorney for the Eastern District of North Carolina Robert Higdon, Jr. said.