For state prison officials, inmate lawsuits can be a lot like mosquitoes: They’re annoying and there’s a heck of a lot of them — 1,350 at any given time.

But an inmate lawsuit over mosquitoes?

The Colorado Department of Corrections recently defended itself from claims by three inmates who said they were put “in danger of serious bodily injury or death” because the DOC didn’t provide free protection from mosquito bites.

The inmates, held at prisons in Walsenburg and Limon, contended the DOC engaged in a “racketeering enterprise” under organized crime laws, conspiring to commit attempted manslaughter, assault and menacing — all because mosquito bites can cause West Nile virus.

“Each attack constituted bodily injury, which the (DOC) had the power to prevent, but consciously elected not to,” wrote the inmates, acting as their own attorneys.

The courts were unswayed.

The case was dismissed last year by 4th Judicial District Judge G. David Miller, and the Colorado Court of Appeals this week upheld the dismissal. The lawsuit was filed in El Paso County because the DOC is based here.

In 2003, Colorado was hit hard by West Nile, with 63 deaths and nearly 3,000 confirmed cases of the mosquito-borne virus. There were 291 cases in 2004 and 106 in 2005.

No confirmed cases of West Nile have ever been found in the prison population, officials say.

State health officials say mosquito repellent containing DEET is the most effective protection from West Nile.

The inmates, all serving potential life sentences, claim they were bitten repeatedly by mosquitoes and suffered “the emotional and mental distress of whether or not each mosquito’s bite would result in death or serious bodily injury.”

The inmates — Stephen G. Glover, Alan Smith and Michael Freeman — contend the bites caused “high fever, headache, neck stiffness and muscle weakness.”

DOC spokeswoman Alison Morgan declined to comment on the lawsuit, but she said inmates are provided with mosquito repellent.

Those who work outside are given free nonaerosol spray, and all can buy 10-ounce sticks of repellent at prison canteens for $3.40 — though the canteens were temporarily sold out of it on Friday, Morgan said. She did not know if they contained DEET.

“An inmate has a choice to go inside or outside during recreation and can make the personal decision and personal choice about whether or not they want to use mosquito repellent,” Morgan said.

Decisions about the type of repellent made available are not based on if they have DEET, but if it does not come in aerosol, which is considered a safety hazard, she said.

While inmate-rights groups such as Colorado CURE are often sympathetic to the concerns raised in such suits, state chairwoman Dianne Tramutola-Lawson said she has heard little complaint about the lack of DEET in repellent made available to inmates.

“As long as they’re giving them something that does the same thing, I don’t know what the griping’s about,” Tramutola-Lawson said.

CONTACT THE WRITER: 476-1605 or scott.rappold@gazette.com