Arizona Prison Health Care Lawsuits Mount as Inmates Sue Over Systemic Neglect
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Arizona Department of Corrections Faces Wave of Individual Lawsuits Over Health Care Failures
Handwritten complaints scribbled on lined paper document failures in the Arizona state prison health care system. Over the past 14 years, inmates have filed individual lawsuits beyond the main class action case, pursuing damages for inadequate medical care.
The Class Action Backdrop
The Arizona Department of Corrections, Rehabilitation and Reentry has been embroiled in a long-running legal battle over inmate health care that spans more than a decade. The class action lawsuit Jensen v. Thornell was first filed in 2012 by the American Civil Liberties Union, the Prison Law Office and Disability Rights Arizona on behalf of all people incarcerated in the state prison system.
Coreene Kendrick, deputy director of the ACLU National Prison Project and an attorney for the plaintiffs, explained the interplay between the class action and individual cases. She said these cases typically occur when judges weigh deliberate indifference — whether prison staff knowingly disregarded the risk of harm.
Individual Cases Pile Up
Individual cases appear against the backdrop of Jensen v. Thornell, which provides ample case law for inmates to rely on. Many inmates bring these cases pro se, without legal counsel. Donna Hamm, executive director of Middle Ground Prison Reform, noted the challenges inmates face in civil litigation.
The success of these complaints is 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 each case illustrates the minutiae of how the health care system continues to fail inside Arizona's prisons.
Denied Treatment Claims
One of the big defenses that the department can make in these individual cases is that it wasn't aware of the problems, Kendrick said. However, she noted that cases are often brought to the department's attention either through plaintiffs' counsel or through court monitors in the class action. It's hard for them to say in an individual case later on that they didn't realize that a person had a problem, because there's evidence of it.
Gary Jerome Harper sued the department in 2018 claiming treatment, or lack thereof, for his bladder dysfunction, thyroid disorder and history of Hodgkin's lymphoma. In 2020, 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.
Anderson Case Highlights Systemic Problems
Tyson Anderson started his lawsuit alone, but the court has since appointed pro bono counsel to represent him. Anderson was first incarcerated in 2018. He 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.
Over the course of his incarceration, 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.
Department Response
The Arizona Department of Corrections has not commented directly on the individual lawsuits beyond the class action. The department has defended itself in court by claiming it cannot control the actions of its vendors and that it has followed all applicable laws and regulations.
The department has stated it works with federal court monitors to ensure adequate care for inmates and that it reviews complaints and takes corrective action when necessary.
As individual cases continue to pile up, the department faces increasing pressure to reform its health care system. The class action Jensen v. Thornell continues to evolve, with new orders and findings adding to the record.
Attorneys for inmates say they will continue to file new cases as long as the department and its vendors fail to provide adequate care. The complaints keep coming, a testament to the ongoing struggle for health care inside Arizona's prisons.
Recent Court Rulings
In February, Judge Diane Humetewa denied the department and defendants motion for summary judgment, ruling a reasonable jury could find harm to Anderson and deliberate indifference to his condition. The case continues to define the legal landscape for prison health care in Arizona.