Arizona Prisons Face Growing Wave of Health Care Lawsuits as Inmates Sue for Systemic Neglect
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Handwritten Lawsuits Pile Up as Arizona Prisons Health Care System Under Fire
Scrawled in pen or pencil, scribbled on lined paper, boxes checked and lines traced. These handwritten complaints filed over the past 14 years document failures in the Arizona state prison health care system.
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.
My life will end long before I might receive medical treatment
This statement from one inmate sums up the frustration that has led to a wave of individual lawsuits beyond the main class action case.
The Class Action That Underpins Individual Claims
The Arizona Department of Corrections, Rehabilitation and Reentry, and its rotating vendors have been tied up in a class action lawsuit over inadequate health care since 2012 in the case now dubbed Jensen v. Thornell.
But as the court record grows, the number of individual inmates pursuing their own relief and damages expands, too. Many of these cases are brought by inmates representing themselves pro se, without legal counsel.
It's difficult to get depositions, to get evidence. Sometimes the evidence miraculously disappears, or it's never produced
Donna Hamm, executive director of Middle Ground Prison Reform, said this about the challenges inmates face in civil litigation.
Federal Court Orders Have Been Issued
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 in lawsuits new and old, inmates lean on findings from the class action to support their cases. Each claim illustrates the minutiae of how the health care system continues to fail inside Arizona's prisons.
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.
Over the past 14 years, the class action has sought changes to the policies and practices of the Department of Corrections. But attorneys for the plaintiffs do not seek any monetary damages on behalf of its class, leaving inmates to pursue it for themselves.
Individual Cases Build on Class Action Findings
Individual cases appear against the backdrop of Jensen v. Thornell, which provides ample case law for inmates to rely on. Coreene Kendrick, deputy director of the ACLU National Prison Project and an attorney for the plaintiffs in Jensen v. Thornell, said the interplay between the class action and individual cases typically occurs when judges weigh deliberate indifference — or whether prison staff knowingly disregarded the risk of harm.
One of the big defenses that the department can make in these individual cases is, we weren't aware of the problems, Kendrick said.
Kendrick noted 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, we didn't realize that this person had a problem, because there's evidence of it.
Gary Jerome Harper: One Inmate's Battle
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.
He cited Harper's own requests for help, unfulfilled follow-ups and referrals from medical staff and letters from Rita Lomio, an attorney on the health care class action, who raised the issue of Harper's continued inadequate treatment in multiple letters to then-ADCRR Director Charles Ryan's counsel.
Tyson Anderson: Another Inmate's Struggle
A similar sequence played out in a later case filed by David Shores, an inmate, who claimed inadequate treatment by the department and its new vendor, Centurion, for excessive prostate pain.
As in Harper's case, an attorney for the Prison Law Office Thomas Nosewicz wrote multiple letters to the department's counsel flagging the need for medical care. Campbell denied the department's motion for summary judgment.
As of 2026, individual damage cases remain at various stages. 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.
Anderson 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, 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.
The Department's 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.
What's Next
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 handwritten complaints keep coming, a testament to the ongoing struggle for health care inside Arizona's prisons.