Despite a class-action lawsuit against the warden at the federal penitentiary in Danbury, Connecticut, a federal judge has refused a second petition by former Allentown Mayor Ed Pawlowski to be released to home confinement during the COVID-19 pandemic because of his high risk of infection.

District Court Judge Juan Sanchez denied the petition filed by Pawlowski’s attorney, Jack McMahon. Sanchez also rejected a previous petition in March seeking release for the same reason.

In this later motion filed in early May, McMahon wrote that if Pawlowski contracts the virus, there is a “high probability of death or serious long-term consequences.”

The 55-year-old former mayor had his left lung removed several years ago, which leaves him more susceptible to infection, McMahon wrote.

Pawlowski was sentenced in 2018 to 15 years in federal prison after being convicted in a pay-to-play scheme involving city contracts and campaign contributions.

The government’s attorney said Pawlowski has served just 18 months of his term, and the prison has taken steps to protect inmates from infection. According to federal guidelines under the Coronavirus Aid, Relief, and Economic Security Act, an inmate may be released on home confinement during the last six months or remaining 10% of a prison term, whichever is shorter.

The class action suit, if approved, would allow a less strict discharge process for those over the age of 50 with a variety of health issues.

At last report, the Danbury facility, with an inmate population of about 925, had 28 inmates and seven staff testing positive for the virus, while more than 100 inmates and staff have recovered. At least one inmate has died, although Pawlowski’s attorney said this number is three dead.