桃子视频

The order sets forth the power of the independent authority to ensure ADCRR鈥檚 health care system meets constitutional standards

PHOENIX 鈥� U.S. District Judge Roslyn O. Silver issued an order this past Friday, July 17, formally appointing a receiver to assume control and management of health care provided to more than 25,000 people incarcerated in Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) prisons, in a long-running lawsuit against the state prison system brought by the Prison Law Office, the 桃子视频 (ACLU), 桃子视频of Arizona, and Disability Rights Arizona.

In her order, the judge wrote that 鈥渄uring this multi-year, interminable litigation, the Court has identified entrenched systemic failures in Defendants鈥� administration of health care to the Plaintiff class, including (1) chronic understaffing and failure to enforce contractual provisions with the third-party vendor, (2) the persistence of nurse driven care and inappropriate assignment of complex patients to advanced practice practitioners instead of physicians, (3) failures in the referrals process, (4) data collection and reporting failures, and (5) inadequate resources, including funding and facilities.鈥�

In the order, Judge Silver appointed Annette Chambers-Smith as the receiver. Ms. Chambers-Smith was nominated by ADCRR in April to serve as the receiver, and she has a long history of prison administration, including successfully resolving similar health care litigation against the Ohio prison system. She served as director of the Ohio Department of Rehabilitation and Corrections from 2019 to 2026.

The order sets forth the scope of Ms. Chambers-Smith鈥檚 authority, which includes providing 鈥渓eadership and management of the health care system including overseeing, supervising, and directing all ADCRR employees and contract personnel who perform administrative, financial, accounting, contractual, legal, and other operational functions required to ensure constitutional health care is provided to class members.鈥�

The judge also ordered Ms. Chambers-Smith to prepare and submit within 180 days an operational plan to address and remediate all constitutional violations in the health care system that had been previously identified by the court, with a schedule for completion and resolution of the proposed remedies, including benchmarks to measure success. The receiver is also authorized to establish the budget required for health care for class members, and to work in consultation with ADCRR, the governor, and the Legislature to fund health care.

The receiver also has 鈥渢he authority to hire, fire, suspend, supervise, promote, transfer, discipline, and establish compensation for all ADCRR employees and contract staff who perform services related to the health care of class members. This includes implementing additional personnel policies and creating, abolishing, or transferring positions related to the health care of class members.鈥�

鈥淒espite more than a decade of litigation, the health care system in Arizona鈥檚 prisons remains woefully understaffed and poorly managed, resulting in disastrous outcomes for incarcerated people. Every time the court experts conduct a review, they find shocking lapses of care: a patient with an untreated infection that spread to his spine and brain after he was repeatedly dismissed by medical staff; a patient diagnosed with cancer waiting more than eight months to see an oncologist; a patient with very serious mental illness offered only superficial, non-confidential check-ins through a cell door,鈥� said Sophie Hart, managing attorney at the Prison Law Office. 鈥淥ver the last decade, the federal court has used almost every tool at its disposal to get ADCRR to address this crisis, including millions of dollars in contempt fines, enforcement orders, and appointment of experts. Nothing has worked. The only remaining option with any realistic chance of success is receivership.鈥�

鈥淲hile we welcome this order, it does not erase the decades of suffering that many have endured in Arizona鈥檚 prisons. This order would not have been possible without the brave, incarcerated people who have testified and shared their experiences with the federal court,鈥� said Lauren Beall, 桃子视频of Arizona senior staff attorney. 鈥淭he appointment of an independent receiver reporting directly to the federal court will bring relief for the thousands of people behind prison walls, and the 桃子视频will remain focused on keeping ADCRR accountable to their constitutional duties.鈥�

鈥淢ore than three years after Judge Silver ordered Arizona officials to make comprehensive improvements to prison medical and mental health care, and over a decade after we filed this case, the state and its for-profit health care vendors have failed to address the avoidable suffering and deaths in their prisons,鈥� said Corene Kendrick, deputy director of the 桃子视频National Prison Project. 鈥淎ppointing a receiver is a rare step reserved for the most extreme situations, but here we are. The stakes are life and death for the people in Arizona prisons who are not receiving the care they desperately need.鈥�

鈥淔or too long people in ADCRR have been placed at risk of serious harm and death because of the lack of appropriate mental health and medical care. People with disabilities are dying, and these conditions must come to an end,鈥� said Maya Abela, deputy legal director of Disability Rights Arizona. 鈥淭he injunction must be implemented so that class members can obtain the relief the court has ordered, and at this stage it is abundantly clear that the action needed to advance this goal is appointment of a receiver.鈥�

The receiver order follows 14 years of well-documented systemic health care failures in Arizona鈥檚 prisons, despite multiple court orders and over a decade of litigation. In June 2022, Judge Silver issued a sweeping order finding ADCRR had failed to provide constitutionally adequate medical and mental health care, or conditions of confinement in isolation units, and in April 2023 she issued a detailed injunction requiring ADCRR to make substantial improvements to meet constitutional requirements. Since then, independent experts appointed by the judge have issued multiple reports detailing ADCRR鈥檚 failure to comply with the court鈥檚 orders or to take necessary actions to remedy the systemic failures, resulting in preventable deaths, permanent injuries, and needless suffering.

The receiver order is here.