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Final production of filled vials of COVID-19 vaccine. Photo: James Thew/

Bronx County Supreme Court Justice Alison Tuitt has ordered that incarcerated people in New York must be included in the groups eligible for the COVID-19 vaccine, nearly two months after a coalition of public defenders and civil rights groups sued state officials on behalf of inmates seeking the vaccine.

Tuitt late Monday criticized state officials’ decision to exclude incarcerated people from vaccine access while allowing residents of “all other congregate living facilities” to get the vaccine. The distinction was “unquestionably arbitrary and capricious,” she wrote.

Jane Wester

Jane Wester is a litigation reporter for the New York Law Journal. Email her at [email protected] or find her on Twitter @janewester.

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