Arizona Inmates Face Growing Health Care Crisis as Lawsuits Flood State Courts
Agent
As of April 9, more than 250 lawsuits filed in Arizona District Court name the state's current prison health care vendor, NaphCare, as a defendant.
The lawsuits reveal a failing health care system inside Arizona's prisons, where inmates are pursuing damages for untreated or inadequately addressed ailments ranging from cancer and hepatitis C to hernias, lost vision, brain bleeds, and infected surgical wounds.
"My life will end long before I might receive medical treatment," one inmate wrote in a handwritten complaint.
These individual cases are part of a larger class action lawsuit filed in 2012 that now goes by the name Jensen v. Thornell. The case was brought by the American Civil Liberties Union, the Prison Law Office, and Disability Rights Arizona on behalf of all people incarcerated in the Arizona prison system.
A Fourteen Year Battle
Federal judges have issued three orders finding unconstitutional care and levied three contempt sanctions against the Arizona Department of Corrections, Rehabilitation and Reentry, totaling $2.5 million.
The core complaint alleges systemic failures in medical care and mental health treatment that have led to suffering and death inside the state's prisons. Over the past 14 years, the class action has sought changes to policies and practices but has not sought monetary damages on behalf of the class, leaving individual inmates to pursue their own relief.
"It's difficult to get depositions, to get evidence. Sometimes the evidence miraculously disappears, or it's never produced," said Donna Hamm, executive director of Middle Ground Prison Reform, who assists and advocates for inmates' health care needs.
The Class Action as Foundation
Corene Kendrick, deputy director of the ACLU National Prison Project and an attorney for the plaintiffs in Jensen v. Thornell, explained how the interplay between the class action and individual cases typically occurs.
"One of the big defenses that the department can make in these individual cases is, we weren't aware of the problems," Kendrick said. "But it's hard for them to say in an individual case later on, we didn't realize that this person had a problem, because there's evidence of it."
Individual Cases Illustrate the Failures
Each new lawsuit adds to a growing record of documented failures. One case, filed by Gary Jerome Harper in 2018, claimed inadequate treatment for his bladder dysfunction, thyroid disorder, and history of Hodgkin's lymphoma. A federal judge rejected an attempt to dismiss the case by the Arizona Department of Corrections and Corizon, the health care vendor at the time.
Judge David Campbell found deliberate indifference by the department and its health care provider. He cited Harper's own requests for help, unfulfilled follow-ups and referrals from medical staff, and letters from attorneys on the health care class action raising the issue of continued inadequate treatment.
Another case, filed by Tyson Anderson in 2021, began alone but the court has since appointed pro bono counsel to represent him. Anderson was first incarcerated in 2018 and was designated as seriously mentally ill given a schizoaffective disorder diagnosis and a history of self harm and suicide risk. He also has a seizure disorder.
Anderson was primarily housed in a unit where he was required to use the stairs to get to his cell. He requested a transfer, claiming a threat to his physical safety — a threat that actualized when Anderson had a seizure and fell down the stairs. He lost his job due to lack of disability accommodations and spent more and more time in isolation.
Then, a nurse discontinued his seizure medication after claiming he was faking. He had two more seizures. In one instance, he woke up face down in a pool of blood from a head injury. His mental state continued to worsen, and he was still in solitary confinement when he raised concerns with court monitors in Jensen v. Thornell.
In July 2021, Anderson attempted suicide by cutting his arm and ingesting sharp objects.
Technical Barriers for Pro Se Litigants
Many inmates file their own lawsuits without attorneys. These pro se litigants face numerous obstacles that the Department of Corrections exploits.
Some cases are dismissed early for technical failures in filing. Others fall short in arguments and evidence. Some end in sealed settlements that the public never learns about.
"It's rare, some judges do seek out and appoint pro bono attorneys, but inmates are not entitled to court-appointed counsel in civil matters," Hamm said. "And while securing a judgment on one's own isn't impossible, it isn't easy."
The Department's Legal Strategy
The Arizona Department of Corrections and its rotating vendors have been tied up in litigation since 2012. The department is skilled at making civil litigation difficult, according to Hamm.
"The department is very, very skilled at making life difficult for a civil litigant," she said.
Political and Legal Context
The success of these individual cases has been mixed. Many are dismissed early on for technical failures in filing or for falling short in arguments and evidence. Some end in sealed settlements. But in lawsuits new and old, inmates lean on findings from the class action to support their cases.
The ACLU, the Prison Law Office, and Disability Rights Arizona first filed the complaint against the Arizona Department of Corrections on behalf of all people incarcerated in the state prison system in 2012, claiming systemic failures had led to suffering and death. Federal judges have issued three orders now finding unconstitutional care and levied three contempt sanctions against the department, totaling $2.5 million.
But as the court record grows, the number of individual inmates pursuing their own relief and damages expands, too. As of April 9, more than 250 cases in Arizona District Court named the department's current health care vendor, NaphCare, as a defendant.
Some complaints date back to prior vendors, but the throughline comes via a long list of claims related to untreated or inadequately addressed ailments — cancer, hepatitis C, hernia, lost vision, brain bleeds, waning mental health, infected surgical wounds, seizures, chronic pain, denied or discontinued medication.
What's Next
The individual cases remain at various stages. Some seek damages for specific medical neglect. Others seek injunctive relief to force policy changes. All of them point to the same conclusion: the health care system inside Arizona's prisons continues to fail those incarcerated in the state.
The American Civil Liberties Union, the Prison Law Office and Disability Rights Arizona first filed the complaint against the Arizona Department of Corrections on behalf of all people incarcerated in the state prison system in 2012, claiming systemic failures had led to suffering and death. Federal judges have issued three orders now finding unconstitutional care and levied three contempt sanctions against the department, totaling $2.5 million.
But as the court record grows, the number of individual inmates pursuing their own relief and damages expands, too. As of April 9, more than 250 cases in Arizona District Court named the department's current health care vendor, NaphCare, as a defendant.
Some complaints date back to prior vendors, but the throughline comes via a long list of claims related to untreated or inadequately addressed ailments — cancer, hepatitis C, hernia, lost vision, brain bleeds, waning mental health, infected surgical wounds, seizures, chronic pain, denied or discontinued medication.
Sources:
- Arizona Capitol Times: https://azcapitoltimes.com/news/2026/04/10/arizona-prisons-face-growing-number-of-health-care-complaints/
- ACLU: https://www.aclu.org/cases/jensen-v-thornell