Judge orders takeover of health care operations in Arizona prisons after years of poor care

Silver wrote that the state hasn’t gotten a semblance of compliance with court-ordered changes and the Constitution after nearly 14 years of litigation, saying “this approach has not only failed completely, but, if continued, would be nothing short of judicial indulgence of deeply entrenched unconstitutional conduct."

The judge said prisoners still remain exposed to "an intolerable grave and immediate threat of continuing harm and suffering because the systemic deficiencies pervade the administration of health care.”

The Associated Press left a message for the corrections department after the order was issued. The state and attorneys representing prisoners have 60 days to submit a list of candidates to run health and mental health care operations in prisons.

“This decision means that an independent authority will be able to implement the systemic changes necessary to ensure that medical and mental health care meets constitutional standards," said David Fathi, one of the lawyers representing the prisoners. "This is a life-saving intervention, and it brings hope that the preventable suffering and deaths that have haunted Arizona’s prison system for over a decade can finally end.”

Lawyers for prisoners say Arizona has made few improvements since the verdict and asked the judge for the more drastic remedy of creating such a “receivership,” arguing system remains broken and prisoners who need care are still in danger.

For over a decade, state government has been dogged by criticism that its health care system for the 25,000 inmates in Arizona’s state-run prisons was run shoddily and callously.

The state had vowed to overhaul medical and mental health services for prisoners in a 2014 settlement, but was soon accused of failing to keep many of those promises. That led to $2.5 million in contempt of court fines against the state and, eventually, the revocation of the agreement by Silver, who explained that corrections officials had shown little interest in making the changes.

The judge then ruled against the state at a 2022 trial, issuing an injunction requiring corrections authorities to fix the constitutional violations.

While attorneys for prisoners say the state lacks the leadership to comply within a reasonable amount of time, the corrections department said it has transformed the prison health care system over the last two years, such as expanding access to treatments, increasing staff and opening medical housing units.

Corrections officials say the opposing side refuses to acknowledge their progress and “focus on the reputation and circumstances of the past rather than recognizing or even supporting the good work of the present.” Lawyers for the department say the agency’s leadership has been acting in good faith with the court’s orders.

In September 2019, lawyers representing the prisoners made a similar request for a takeover, but Silver shied away from it, saying she would revive that possibility if the state acts in bad faith or fails to comply with the court-ordered changes. Past receiverships have been ordered for prisons in other states. In California in 2005, a federal judge seized control of the prison medical system after finding that an average of one inmate a week was dying of medical neglect or malpractice.

The Arizona lawsuit does not cover the nearly 10,000 people incarcerated in private prisons for state convictions.