. >> reporter: public defender christine o'hanlon is suing the california department of corrections in rehab. she represents 249 clients inside san quentin who say conditions there amount to cruel and unusual punishment. a violation of the eighth amendment. >> we say they should not get a pass for the egregious conduct. i think they need to be held to answer to what they were doing, why they allow this to go on. and they need to be discouraged and deterred from doing this in the future. >> reporter: hewitt san quentin, 28 people have died from covid-19. that is the largest number of deaths at any of the states prisons. in october, a state appellate court ordered the prison to cut its population in half. so that those who are inside can properly social distancing quarantine if necessary. the governor and prison system are appealing the order saying it is a very complicated decision to release. thousands of prisoners have already received shots. >> it is true these people committed crimes. to some people feel like they should not be prioritized. but not only is it the humane thing to do,