PHOENIX — The state of Arizona has asked an appeals court to reconsider
its ruling nearly two months ago that concluded about 33,000 inmates could join
a lawsuit protesting the quality of health care in the state’s prisons.
A three-judge panel of 9th Circuit Court of Appeals in early June had rejected
an appeal by officials who argued the inmates didn’t have enough in common to
merit class-action status.
The state has asked an 11-judge panel to reconsider the ruling.
Its attorneys questioned whether class-action rules were satisfied simply
because the inmates are confined at the same prison and make the same type of
The inmates’ lawyers said in records filed Tuesday that all prisoners are at
risk if their care is deficient, not just those who are currently sick.