Arizona Prisons Face Growing Wave of Health Care Lawsuits as Inmates Sue Over Denied Medical Treatment
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Inmate lawsuits allege systemic prison health care failures. Class action Jensen v. Thornell underpins some individual claims. Success in litigation mixed but complaints keep coming.
Scrawled in pen on lined paper. Scribbled in pencil. Boxed and checked. These handwritten documents are legal complaints from inside Arizona prisons, filed by incarcerated people who say they have been denied adequate medical care.
As of April 9, more than 250 individual cases in Arizona District Court name NaphCare as a defendant. NaphCare is the Arizona Department of Corrections, Rehabilitation and Reentrys current health care vendor. Some complaints date back to prior vendors, but they all point to a common problem: untreated or inadequately addressed medical conditions.
The claims span a wide range of conditions. Inmates say they have suffered from untreated cancer, hepatitis C, hernias, loss of vision, brain bleeds, declining mental health, infected surgical wounds, seizures, chronic pain, and denied or discontinued medication.
My life will end long before I might receive medical treatment, one inmate wrote in a complaint.
The Class Action That Keeps Going
The Arizona Department of Corrections, Rehabilitation and Reentry has been tied up in a class action lawsuit since 2012. The case, now called Jensen v. Thornell, was filed by the American Civil Liberties Union, the Prison Law Office, and Disability Rights Arizona on behalf of all people incarcerated in Arizona state prisons.
The lawsuit alleges systemic failures in the prison health care system that have led to suffering and death. Federal judges have issued three orders finding unconstitutional care and have levied three contempt sanctions against the department. Those sanctions total $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 monetary damages on behalf of the class. That means inmates pursuing financial compensation must do so individually.
Individual Cases Multiply
Donna Hamm, executive director of Middle Ground Prison Reform, helps inmates with their health care needs. She refers cases to pro bono attorneys but acknowledges that many inmates go to court on their own.
Its difficult to get depositions, to get evidence, Hamm said. Sometimes the evidence miraculously disappears, or its never produced. The department is very, very skilled at making life difficult for a civil litigant.
Securing a judgment alone is not impossible, but it is not easy, and inmates are not entitled to court-appointed counsel in civil matters. Though it is rare, some judges do appoint pro bono attorneys.
Corene Kendrick, deputy director of the ACLU National Prison Project and an attorney for the plaintiffs in Jensen v. Thornell, explained how the class action and individual cases interact.
One of the big defenses that the department can make in these individual cases is, we werent aware of the problems, Kendrick said. Cases are often brought to the departments attention either through plaintiffs counsel or through court monitors in the class action. Its hard for them to say in an individual case later on, we didnt realize that this person had a problem, because there is evidence of it.
Specific Cases Show the Pattern
Gary Jerome Harper sued the department in 2018, claiming inadequate treatment for his bladder dysfunction, thyroid disorder, and history of Hodgkins lymphoma. In 2020, a federal judge rejected an attempt to dismiss the case by the Arizona Department of Corrections and its health care vendor at the time, Corizon.
Judge David Campbell found deliberate indifference by the department and its health care provider. He cited Harpers 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 concerns about Harpers continued inadequate treatment in multiple letters to then-ADCRR Director Charles Ryans counsel.
A similar sequence played out in a later case filed by David Shores, who claimed inadequate treatment for excessive prostate pain by the department and its new vendor, Centurion. As in Harpers case, an attorney for the Prison Law Office, Thomas Nosewicz, wrote multiple letters to the department counsel flagging the need for medical care. Campbell denied the departments motion for summary judgment.
Tyson Andersons Case
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. That threat actualized when Anderson had a seizure and fell down the stairs.
Anderson lost his job due to lack of disability accommodations and spent more time in isolation. 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.
Mixed Success in Court
The success of these individual cases remains mixed. Many are dismissed early for technical failures in filing or for falling short in arguments and evidence, especially as those incarcerated represent themselves. Some end in sealed settlements.
The class action and individual lawsuits illustrate the ongoing failures of the prison health care system in Arizona. The Department of Corrections continues to face legal challenges over how it provides medical care to incarcerated people.
Sources:
- Arizona Capitol Times, Arizona prisons face growing number of health care complaints, by Kiera Riley, April 10, 2026: https://azcapitoltimes.com/news/arizona-prisons-face-growing-number-of-health-care-complaints