Originally published July 29, 2020. Statements about the law were updated in October 2026; the box below gives today’s rules.
Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
In July 2020, Judge Consuelo Marshall ruled that the Bureau of Prisons (BOP) must release low-risk prisoners from the Lompoc prison complex to home confinement. The ruling came after nearly 1,000 people held there were infected with the novel coronavirus (COVID-19).
The American Civil Liberties Union (ACLU) of Southern California brought the lawsuit because Lompoc failed to contain the virus. The ACLU said the outbreak happened because the facility did not follow basic quarantine steps.
Problems the outbreak brought to light
The order came as four prisoners had died of COVID-19. With more prisoners and staff getting sick, something had to be done. Lead attorney Naeun Rim believes the ruling is the first step in holding the BOP and prison officials accountable.
Prison officials admitted they moved exposed prisoners around the prison and cut off shower access for almost two weeks. Families of prisoners held protests outside Lompoc to draw attention to these conditions.
Problems the BOP has had for years also added to the crisis. Medical and correctional staff were badly understaffed. A recent report from the Office of the Inspector General said that “Lompoc staff shortages through early April may have increased the risk of Covid-19 transmission because the complex did not always have enough staff to allow Correctional Officers to remain in one facility.”
A lack of testing also helped drive the sharp rise in cases.
What the court ordered
Lompoc holds about 3,700 low- and medium-risk prisoners. Under the ruling, the BOP must tell the court its plan for reducing the number of low-risk prisoners. Part of that plan is a list of prisoners who are eligible for release.
Prisoners with debilitating medical conditions, like diabetes, asthma, obesity and heart disease, are at the top of the list. At the time, people age 50 or older were also seen as possible candidates for compassionate release.
Why the court stepped in
At first, the BOP asked the judge to dismiss the suit, saying it had taken enough precautions. But when nearly 70% of prisoners tested positive, the judge disagreed.
Judge Marshall gave the agency until July 29 to come up with the list of eligible prisoners. Until then, the BOP had to take more steps to fight the outbreak before the death toll rose any further.
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