ARIZONA NEWS

Arizona judge outlines updates to poor health care in state prisons

Jan 10, 2023, 6:00 PM
(Photo by Axel Koester/Getty Images)...
(Photo by Axel Koester/Getty Images)
(Photo by Axel Koester/Getty Images)

PHOENIX (AP) — A federal judge who previously concluded Arizona was providing inadequate medical and mental health care to prisoners said she will give the state three months to ensure it has enough health care professionals to meet constitutional standards.

In a filing late Monday, Judge Roslyn Silver outlined the changes she plans to impose on the Arizona Department of Corrections, Rehabilitation and Reentry to remedy its constitutional violations of prisoners’ rights.

She previously concluded there weren’t enough health employees to care for the roughly 25,000 incarcerated people housed in state-run prisons and that corrections officials had made no significant attempts to fix the understaffing problem.

The case went to trial in late 2021 after Silver threw out a 6-year-old settlement over prison health care, saying the state showed little interest in making many of the improvements it promised under the deal. She had concluded that $2.5 million in contempt of court fines against the state didn’t motivate authorities to comply with the settlement, either.

“Given this history, the court cannot impose an injunction that is even minutely ambiguous because defendants (state officials) have proven they will exploit any ambiguity to the maximum extent possible,” Silver wrote on Monday.

The judge laid out the draft terms of what will be the court-ordered overhaul of prison health care, giving lawyers a chance to comment on the changes. But she cautioned that attorneys shouldn’t expect significant changes to her upcoming order.

The number of health professionals needed at state prisons wasn’t specified by the judge, but she set ratios for the number of professionals needed to treat a given number of prisoners.

Silver said she plans to appoint four officials who will monitor the corrections department’s compliance with the court-ordered changes. When the settlement was in effect, lawyers representing prisoners said the state did a poor job of such monitoring and inflated its compliance numbers.

American Civil Liberties Union attorney David Fathi, who represents prisoners in the class-action lawsuit, expressed hope that Gov. Katie Hobbs would appoint a corrections director who will treat the health care of incarcerated people seriously.

Corrections Director David Shinn, who was appointed by then-Gov. Doug Ducey in October 2019 and announced his resignation in late December, was criticized previously by Silver for testifying that prisoners often have greater access to health service than people who aren’t locked up. Silver had said the claim was “completely detached from reality.”

“You can’t turn around the Titanic on a dime,” Fathi said. “There has been a broken system for a long time. It will not be fixed overnight.”

The corrections department, which in the past had denied it provided inadequate care, didn’t respond to a request for comment Tuesday.

In a blistering verdict last summer, Silver said the state’s inaction showed it is acting with “deliberate indifference” to the risks of inadequate care and said the state has adopted a health care system for prisoners that has led to preventable deaths. The judge had said prisoners weren’t getting timely access to emergency treatment, medications, treatment for chronic diseases and specialty care.

Lawyers representing prisoners had previously asked Silver to set up a receivership where the court would take over health care operations in state prisons and appoint an official to run those services there.

Though she has shied away from a receivership, Silver said she would revive that possibility if the state acts in bad faith or fails to comply with the court-ordered changes.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

(Twitter Photo/@joss_berry)...
Kevin Stone

Aide to Arizona Gov. Katie Hobbs resigns after controversial tweet

An aide to Arizona Gov. Katie Hobbs has resigned after creating a controversy with a tweet in the wake of the Nashville shooting.
11 hours ago
(Arizona Department of Transportation Photo)...
Associated Press

Investigators cite driver fatigue as cause of deadly 2021 Phoenix milk tanker crash

A milk truck-tanker crash that killed four people and injured several others on a Phoenix freeway in 2021 was caused by driver fatigue, U.S. transportation investigators said Tuesday.
11 hours ago
(KTAR News Photo/Jeremy Schnell)...
Taylor Tasler

Arizona Gov. Katie Hobbs speaks on prison priority, problems and plans for reform

In an exclusive interview, Katie Hobbs spoke on why she has made state prisons a priority, problems she's encountered and plans for reforming the system.
11 hours ago
(AP Photo/Ross D. Franklin)...
SuElen Rivera

Phoenix restaurant owner says long ‘way to go’ following judge’s homeless encampment decision

A judge has ordered Phoenix to find a solution for a large homeless camp, but a local restaurant owner said it could be a while before progress is seen.
11 hours ago
(Facebook Photo/Arizona State Fair)...
KTAR.com

Here’s what we know about return of concerts at Arizona State Fair

After a three-year hiatus because of COVID-19, the Coliseum Concert Series will return to the Arizona State Fair this fall.
11 hours ago
(Photo: OCD & Anxiety Treatment Center)...
Sponsored Content by OCD & Anxiety Treatment Center

Here's what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.

Sponsored Articles

(Desert Institute for Spine Care in Arizona Photo)...
Desert Institute for Spine Care in Arizona

5 common causes for chronic neck pain

Neck pain can debilitate one’s daily routine, yet 80% of people experience it in their lives and 20%-50% deal with it annually.
...
Fiesta Bowl Foundation

Celebrate 50 years of Vrbo Fiesta Bowl Parade magic!

Since its first production in the early 1970s, the Vrbo Fiesta Bowl Parade presented by Lerner & Rowe has been a staple of Valley traditions, bringing family fun and excitement to downtown Phoenix.
(Desert Institute for Spine Care photo)...
DESERT INSTITUTE FOR SPINE CARE

Why DISC is world renowned for back and neck pain treatments

Fifty percent of Americans and 90% of people at least 50 years old have some level of degenerative disc disease.
Arizona judge outlines updates to poor health care in state prisons