Landmark Arizona Prisons Class Action Settlement Reached

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The Arizona Department of Corrections has reached a class action settlement over the quality of health care in its prison systems, particularly those who face solitary confinement for at least 22 hours per day.

The major prongs of the Arizona prison class action settlement revolve around medical treatment for pregnant prisoners and those with chronic conditions, as well as those who are in solitary confinement. The American Civil Liberties Union (ACLU) and other organizations argued that with medical research in place indicating the negative mental health impact of solitary confinement, that the Arizona Department of Corrections needs to adjust its policies.

Prisoners will now be able to spend 19 hours per week outside their cell, fully triple that of current regulations and will get improved mental health treatment. They will also benefit from less violent cell removal protocols and restraining techniques. In fact, a licensed professional nurse or mental health professional must be present at any event where correctional officers’ attempts to remove a prisoner are unsuccessful, according to the terms of the class action settlement.

Further, the Arizona Department of Corrections will have to provide interpreters for those who cannot speak English fluently and provide more opportunities for psychiatric care. Those classified as mentally disabled will be treated in the same fashion as those with psychiatric conditions.

The Arizona Department of Corrections class action settlement also provides for improved basic care in Arizona prisons, which will have to improve its guidelines and offer flu vaccinations and others necessary for those with chronic conditions. In addition, any necessary colorectal cancer screenings and mammograms will be provided annually.

An approved dentist will oversee the overhaul of that program both with prison dentists as well as their dental assistants to improve quality of care there as well.

The minimum length of time that the Arizona Department of Corrections will be under surveillance is two years. The minimum grade for a given prison’s adherence to the updated policies must be 80 percent by the end of that period. The department will also ask for the funding required for all of the above tasks, but the plaintiffs in the class action lawsuit have not agreed to accept that whatever amount sought will be sufficient for the department to comply with the stipulations.

The Class is represented by Daniel Pochoda and James Duff Lyall of the ACLU Foundation of Arizona; and Sarah Kader, Asim Varma and Brenna Dunkin of the Arizona Center for Disability Law, among others.

The Arizona Prisons Class Action Lawsuit is Victor Parsons, et al. v. Charles Ryan, et al., Case No. 12-cv-00601, in the U.S. District Court for the Middle District of Tennessee.