AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
AIDS Related
Prisoner with AIDS adequately
alleged that the defendants were deliberately indifferent to his serious
medical needs by delaying him from seeing a doctor for months, not permitting
him to take his AIDS medications because of his housing assignment, and
failing to provide him with medical attention on an occasion that he passed
blood, as well as denying him adequate food, which affected his health.
The prisoner failed, however, to establish a viable claim under the Americans
with Disabilities Act, since the mere fact that he had AIDS was inadequate
standing alone, to show that he had a disability. Carter v. Taylor, Civ.
No. 06-561, 2008 U.S. Dist. Lexis 25158 (D. Del.).
Court rejects HIV-positive
detainee's claims that his conditions of confinement violated his rights
and that the denial of his requests to be transferred from an old to a
new building in the facility constituted deliberate indifference to those
conditions. While the detainee claimed that his cell in an older building
was hot, had a foul odor, and had bugs and paint chips, a number of reasons
were set forth for the denial of the transfer request, including his failure
to participate in sex-offender treatment, his HIV-positive status, and
his past sexual interactions with other prisoners. The court ruled that
the transfer requests were properly denied, and also that the conditions
of the detainee's confinement could not reasonably be found to be serious
enough to establish an Eighth Amendment violation. Sain v. Wood, No. 06-3919,
2008 U.S. App. Lexis 330 (7th Cir.).
Because the plaintiff prisoner had already
disclosed his consensual sexual relationship with another inmate, from
whom he allegedly contracted an HIV infection, he could not show that
prisoner personnel violated his right to privacy by disclosing that relationship
to others. Further, mental health professionals in a sexual offender program
did not violate his rights or any promise of confidentiality when they
disclosed his relationship to others who had a need to know. He claimed
that the other prisoner did not disclose that he was HIV positive. The
prisoner also had no claim against correctional officials for having contracted
HIV since he consented to the conduct that resulted in it, and concealed
it from prison officials. Boling v. Dept. of Rehabilitation and Correction,
No. 2005-09901, 2007 Ohio Misc. Lexis 81 and 82 (Ohio Ct. of Claims).
Mother of Louisiana inmate who died from
complications of HIV failed to show that prison medical personnel acted
with deliberate indifference to a known excessive risk that he would die
from such complications. Defendants were therefore entitled to summary
judgment in federal civil rights lawsuit. Lee v. Stalder, No. 06-30444,
2007 U.S. App. Lexis 5732 (5th Cir.).
Federal appeals court upholds rejection of
prisoner's claim that prison violated his rights by denying his demands
that he obtain more extensive HIV testing, including testing of his urine
and semen. Blood testing for HIV was the recognized standard, and the failure
to test his urine and semen, if it occurred, did not constitute deliberate
indifference to the prisoner's serious medical needs. Picquin-George v.
Warden, FCI-Schuylkill, No.. 06-2850, 2006 U.S. App. Lexis 25557 (3rd Cir.).
[N/R]
HIV positive prisoner could not pursue claim
for damages for alleged violation of Privacy Act, 5 U.S.C. Sec. 552a, based
on alleged disclosure of his medical records by dental hygienist to another
inmate, in the absence of a showing that his alleged mistreatment by other
prisoners and prison staff members was caused by the disclosure. In this
case, there was evidence that other prisoners knew about his HIV status
already and that his HIV-positive status could have been discovered by
anyone observing the medications he took, which he did not attempt to conceal.
Clark v. Bureau of Prisons, No. Civ.A. 03-0859, 407 F. Supp. 2d 127 (D.D.C.
2005). [N/R]
New York prisoner could proceed with his
claim that he suffered mental, physical, and emotional harm because a hospital
employee informed a correctional officer of his HIV positive status. Hospital
employee had an obligation under state law to inform officer that unauthorized
further disclosure was prohibited, andthere was a factual issue as to whether
it was foreseeable that the officer would subsequently disclose the prisoner's
HIV status to other non-medical personnel at the correctional facility.
Melendez v. Strong Memorial Hospital, 804 N.Y.S.2d 626 (Sup. 2005). [N/R]
Prisoner who failed to allege any actual
injury or pervasive risk of injury was not entitled to an injunction against
a prison policy allowing inmates infected with HIV, Hepatitis B or Hepatitis
C to work in the prison food services. The inmate had sought to change
the policy or to require mental screening of infected inmates to prevent
acts of "intentional food contamination," as well as seeking
damages for the cost of purchasing food from the prison canteen since he
stopped eating food from the kitchen when the policy was announced. Jacob
v. Clarke, No. 04-2559, 129 Fed. Appx. 326 (8th Cir. 2005). [N/R]
A county's policy of segregating inmates
with contagious diseases did not violate a pre-trial detainee's right to
freely exercise his religion by preventing him, because of his HIV status,
from attending religious services. The policy served a legitimate purpose
and a minister would have visited his cell upon his request. Carter v.
Lowndes County, 89 Fed. Appx. 439 (5th Cir. 2004). [N/R]
Prisoner failed to show that correctional
employees were deliberately indifferent to his serious need for treatment
for his HIV/AIDS condition and Hodgkin's disease as he did not demonstrate
that any alleged lapses in his treatment resulted in any injuries. Jackson
v. Fauver, No. CIV.98-2890 WGB, 334 F. Supp. 2d 697 (D.N.J. 2004). [N/R]
Prison warden and other officials were not
entitled to qualified immunity in lawsuit by three prisoners claiming that
they exhibited deliberate indifference to attacks on them and other actions
by HIV-positive prisoner who threatened to "infect them," urinated
on the floor and placed fecal matter there when assigned to "clean"
the restrooms. Plaintiffs also claimed that they faced unlawful retaliation
by some of the defendants after filing their lawsuit. Nei v. Dooley, #03-3261,
372 F.3d 1003 (8th Cir. 2004). [2004 JB Oct]
Mother of prisoner suffering from hepatitis
C and AIDS who died within a day of being transferred from jail medical
facility to hospital failed to show that doctors at hospital acted with
deliberate indifference to his serious medical needs. Default judgments
entered against two correctional employees based on claim that prisoner
received no follow-up or special treatment for months after being diagnosed
with hepatitis C and as being HIV positive. Rivera v. Alvarado, 240 F.
Supp. 2d 136 (D. Puerto Rico, 2003). [2003 JB Nov]
Deputy's statement to prisoner, in front
of other inmates, revealing his HIV status did not violate his constitutional
rights. Federal trial court holds that there is no general fundamental
constitutional right to privacy for personal medical information and that
any judgment about whether such information should be protected must be
left to legislative action. Sherman v. Jones, 258 Fed. Supp. 2d 440 (E.D.
Va. 2003). [2003 JB Sep]
Federal appeals court upholds verdict for
prison officials in lawsuit by HIV-positive prisoner who missed his medication
for two periods of time. For Eighth Amendment purposes, the jury was free
to consider the absence of concrete serious injuries resulting from the
lack of medication as a relevant factor in whether a constitutional violation
occurred. Smith v. Carpenter, #01-0294, 316 F.3d 178 (2nd Cir. 2003). [2003
JB Apr]
Mother of prisoner who died of AIDS could
not pursue claim for injunctive relief since the decedent was no longer
incarcerated, and failed to adequately allege that the defendant medical
personnel knowingly acted with deliberate indifference to the medical needs
of the decedent and other prisoners with AIDS. Pubill-Rivera v. Curet,
218 F. Supp. 2d 89 (D. Puerto Rico). [2003 JB Jan]
Federal Bureau of Prisons (BOP) could not
be sued under 42 U.S.C. Sec. 1983 for alleged inadequate treatment of HIV-positive
inmate housed in correctional facility under contract with the District
of Columbia since the BOP did not act under "color of state law,"
and prisoner's general assertion that D.C. employees provided him inadequate
medical care "pursuant to the policy, custom, and practice of the
District of Columbia Department of Corrections" was insufficient to
show a D.C. policy without any factual support. Private corporation that
contracted with the District to operate correctional facility could only
be liable for a violation of the Eighth Amendment on the basis of a showing
of an official policy or custom of either the corporation or the District.
Gabriel v. Corrections Corporation of America, 211 F. Supp. 2d 132 (D.D.C.
2002). [N/R]
Alleged failure of county correctional center nurse
to dispense prisoner's medication for his HIV condition in a timely manner
was not sufficiently serious to constitute deliberate indifference to serious
medical needs in violation of the Eighth Amendment even if it did cause
aches, pains and joint problems. Resulting symptoms were not a condition
of "urgency" or one which might produce "death, degeneration
or extreme pain." Evans v. Bonner, 196 F. Supp. 2d 252 (E.D.N.Y. 2002).
[2002 JB Aug]
299:163 Federal appeals court rules
that HIV- positive prisoner had a federal constitutional right to privacy
for his medical records and condition, but that prison officials were entitled
to qualified immunity for conduct that allegedly disclosed his conditions
to others in 1995, since this right was not then clearly established. Doe
v. Delie, #99-3019, 257 F.3d 309 (3d Cir. 2001).
292:51 Federal appeals court orders substitution
of ACLU National Prison Project attorneys for appointed lawyer for class
of HIV-positive inmates in Mississippi jails; order that previously provided
that ACLU attorneys could not contact class members violated constitutional
restrictions on free speech, association, and right to counsel. Gates v.
Cook, #99-60609, 234 F.3d 221 (5th Cir. 2000).
291:35 Prisoner with AIDS could not recover
damages for allegedly inadequate medical treatment when he refused to take
an HIV test to show that he needed requested drugs. Walker v. Peters, #97-1058,
233 F.3d 494 (7th Cir. 2000).
289:3 Claim that prison doctor changed the
medication of a prisoner suffering from AIDS solely on the basis of cost,
causing serious side effects and shortened life expectancy, was sufficient
to state a claim for deliberate indifference to serious medical needs.
Taylor v. Barnett, 105 F. Supp. 2d 483 (E.D.Va. 2000).
286:147 Alleged delay in providing Spanish-speaking
prisoner with AIDS medication was not a violation of the Eighth Amendment
when there was no claim that the failure to adequately advise him of prison
medical policies was deliberate; prisoner had no clearly established right
to Spanish-speaking medical personnel, so prison officials were not liable
for an "invasion of privacy" allegedly resulting from inmate's
need to use other prisoners as interpreters. Leon v. Johnson, 96 F. Supp.
2d 244 (W.D.N.Y. 2000).
286:147 County sheriff was not entitled to
qualified immunity from lawsuit by 52-year-old prisoner with AIDS challenging
an alleged policy of shackling all hospitalized inmates hand and foot 24
hours a day despite also having an armed guard stationed at their hospital
room; lawsuit stated claims for denial of access to the courts, denial
of equal protection, and excessive bodily
restraint of a pretrial detainee. May v. Sheahan, #99-3140, 226 F.3d 876
(7th Cir. 2000).
279:36 Federal appeals court upholds the
segregation of HIV-positive prisoners; U.S. Supreme Court denies review.
Onishea v. Hopper, #96-6213, 171 F.3d 1289 (11th Cir. 1999), cert. denied,
sub nom. Davis v. Hopper, #98-9663, 120 S. ct. 931 (2000).
278:20 Barring a prisoner from prison's cooking
classes because he would not submit to HIV testing did not constitute disability
discrimination. Murdock v. Washington, #98-2419, 193 F.3d 510 (7th Cir.
1999).
279:37 UPDATE: HIV-positive prisoner who
was denied his prescribed medication for three days was entitled to summary
judgment; evidence was sufficient to show that he suffered physical harm
from the medication denial. McNally v. Prison Health Services, 52 F. Supp.
2d 147 (D. Me. 1999).
280:53 Prisoner who was assaulted three times
by other inmates after assignment to a medium security housing unit when
he stated that he was a bisexual failed to show that county jail had a
policy or custom of assigning homosexual, bisexual or HIV-positive prisoners
to medium-security unit regardless of their violent propensities. Wayne
v. Jarvis, No. 97-9152, 197 F.3d 1098 (11th Cir. 1999).
272:116 Federal appeals court reinstates
HIV- positive prisoner's lawsuit complaining of nine months of denial of
outdoor exercise and prison's requirement that he wear a face mask whenever
leaving his cell; such restrictions might constitute due process or Eighth
Amendment violations; failure to provide him with particular medication
he wanted, however, did not show deliberate indifference when he was receiving
other treatment. Perkins v. Kansas Dept. of Corrections, #98-3005, 165
F.3d 803 (10th Cir. 1999).
267:40 Parole officers entitled to qualified
immunity for failing to disclose to parolee's girlfriend that parolee was
HIV-positive; no liability for girlfriend's death after she allegedly contracted
AIDS from the parolee, who was released into her home; Iowa's indemnification
of officers was no basis for denial of qualified immunity. Greer v. Shoop,
#97-1565, 141 F.3d 824 (8th Cir. 1998).
268:51 Medical personnel did not engage in
deliberate indifference to medical needs of HIV positive prisoner when
they refused to provide him with a specific name-brand dietary supplement
he preferred to the daily dietary supplement snack he was given. Polanco
v. Dworzack, 25 F.Supp.2d 148 (W.D.N.Y. 1998).
270:83 Officers were entitled to qualified
immunity for placing a sign reading "HIV POSITIVE INMATE" on
cell door of pre-trial detainee; federal court rules, however, that lawsuit
stated claim against city for failure to train, supervise or enforce lawful
policies concerning the disclosure of the HIV status of prisoners. Roe
v. City of Milwaukee, 26 F.Supp.2d 1119 (E.D. Wis. 1998).
» Editor's Note: A prior Wisconsin
decision, Hillman v. Columbia Co., 164 Wis. 2d 376, 474 N.W.2d 913 (Wis.
App. 1991) held that liability may arise under a state privacy statute
for a jail employee's verbal disclosure of an inmate's HIV status to other
inmates and jail personnel. In Anderson v. Romero, 72 F.3d 518 (7th Cir.
1995), the court ruled that, under the law as it existed in 1995, it was
not "clearly established" that prison officials were constitutionally
prohibited from revealing the HIV- positive condition of inmates to other
prisoners and to guards in order to enable those other inmates and those
guards to protect themselves from infection.
271:103 Prisoner who claimed that he suffered
only emotional injury (and no physical injury) when correctional officer
allegedly told others that he was "dying of HIV" could not pursue
federal civil rights claim; section of Prison Litigation Reform Act barring
such suits did not violate equal protection or his right of access to the
courts. Davis v. District of Columbia, No. 97-7043, 158 F.3d 1342 (D.C.
Cir. 1998).
272:115 Alleged failure to give HIV-positive
detainee his prescribed medication stated a claim for deliberate indifference
to a serious medical need. McNally v. Prison Health Services, Inc., 28
F.Supp.2d 671 (D. Me. 1998).
263:164 Asymptomatic HIV infection qualifies
as a disability for purposes of the Americans With Disabilities Act (ADA).
Bragdon v. Abbott, #97-156, 118 S.Ct. 2196 (1998).
255:35 Trial court erred in making blanket
decision that HIV positive inmates were "otherwise not qualified"
to participate in all of Alabama corrections educational, vocational, rehabilitative,
religious and recreational programs from which they were excluded; prisoners
need not show that there is no risk of transmission of HIV from their participation
in programs, but merely that "significant risk" may be avoided;
burden on correctional department to show that adding additional officers
to supervise programs with HIV positive inmates integrated in was an unreasonable
accommodation. Onishea v. Hopper, 126 F.3d 1323 (11th Cir. 1997).
248:115 Correctional officer was entitled
to qualified immunity for warning other inmates nearby that prisoner was
HIV- positive when prisoner had accident resulting in significant blood
spillage in 1992; right to privacy of HIV status was not then "clearly
established." Quinones v. Howard, 948 F.Supp. 251 (W.D.N.Y. 1996).
230:26 Lawsuit against prison officials and
guards by prisoner allegedly raped by HIV positive cellmate should not
have been dismissed as frivolous, despite his failure to specify required
mental state of individuals or name of guard who allegedly stood by and
failed to intervene during rape. Billman v. Indiana Dept. of Corrections,
56 F.3d 785 (7th Cir. 1995).
236:116 Update: Federal appeals court finds
no clearly established law barring prison officials from revealing an inmate's
positive HIV- status to prison employees and other inmates; qualified immunity,
however, did not extend to allegations that prison officials "punished"
HIV- positive prisoner by preventing him from getting a haircut or exercising
in the prison yard. Anderson v. Romero, 72 F.3d 518 (7th Cir. 1995). [Cross-references:
Defenses: Qualified (Good-Faith) Immunity, Exercise].
238:155 Pretrial detainee who was HIV positive
had no constitutional privacy right against disclosure, particularly inadvertent
disclosure, of such medical information to other prisoners. Adams v. Drew,
906 F.Supp. 1050 (E.D. Va. 1995).
217:3 Correctional employee bitten by inmate
who was HIV positive was entitled to employer-paid tests and treatment
to detect and prevent the development of tetanus, hepatitis, HIV, AIDS,
and AIDS Related Complex (ARC). Arkansas Dept. of Correction v. Holybee,
878 S.W.2d 420 (Ark. App. 1994).
221:68 Federal appeals court overturns injunction
compelling prison officials to allow HIV positive inmates to receive food
service work assignments. Gates v. Rowland, 39 F.3d 1439 (9th Cir. 1994).
222:84 Appeals court upholds order that female
inmate who bit Illinois correctional officer should be involuntarily tested
for HIV and the test results disclosed to the officer. Doe v. Burgos, 638
N.E.2d 701 (Ill. App. 1994).
223:99 Prison policy denying "at request"
HIV testing to prisoners who did not meet specified "high risk"
criteria did not violate prisoner's rights; policy was justified by legitimate
interest in efficient use of scarce medical resources. Doe v. Wigginton,
21 F.3d 733 (6th Cir. 1994).
223:100 Federal civil rights lawsuit brought
by prisoner who subsequently died of AIDS could be continued, under Illinois
law, after his death, even when no executor of his estate had been appointed;
federal appeals court appoints his attorneys as "special administrators"
to continue the suit on behalf of his estate. Anderson v. Romero, 42 F.3d
1121 (7th Cir. 1994).
224:115 HIV positive prison visitor who bit
two correctional officers was properly convicted of assault with a dangerous
weapon when his statements indicated his awareness of his medical status
and his desire to infect the officers. U.S. v. Sturgis, 48 F.3d 784 (4th
Cir. 1995).
Federal appeals court vacates injunction
against denying prison food service jobs to HIV-positive prisoners; trialcourt
lacked jurisdiction to enter injunction since none of the plaintiff prisoners
had ever applied for or been denied food service job. Casey v. Lewis, 4
F.3d 1516 (9th Cir. 1993).
Prison officials were not liable for assigning
HIV- positive inmate to cell with another prisoner and allowing HIV- positive
inmate to use other prisoner's cup, cigarette roller, and razor blade.
Marcussen v. Brandstat, 836 F.Supp. 624 (N.D. Iowa 1993).
Prison officials were entitled to qualified
immunity on prisoner's suit claiming that his segregation with other HIV-
positive prisoners violated his constitutional right of freedom of association
with prisoners in the general prison population. Camarillo v. McCarthy,
998 F.2d 638 (9th Cir. 1993).
Housing prisoner with a cellmate dying of
AIDS did not constitute cruel and unusual punishment in violation of the
Eighth Amendment. Johnson v. U.S., 816 F.Supp. 1519 (N.D. Ala. 1993).
New York appeals court upholds $5,371,192
award against State of New York to nurse who contracted AIDS virus from
contaminated needle during scuffle with prisoner, based on prison guards
failure to come to her assistance; court also adds further award of $725,000
t compensate for future economic loss and the value of her services as
a homemaker, for a total award of $6,096,192. Doe v. State, 595 N.Y.S.2d
592 (A.D. 1993).
HIV-positive inmates' lawsuit over their
conditions in prison was erroneously dismissed as "frivolous,"
but the segregation of HIV prisoners, standing alone, did not violate their
equal protection, due process, or privacy rights. Moore v. Mabus, 976 F.2d
268 (5th Cir. 1992).
Federal court overturns $20,000 punitive
damage award against jail superintendent in case where HIV-positive inmate's
possessions were tagged with red stickers and she was segregated and denied
equal access to religious services. Nolley v. Co. of Erie, 798 F.Supp.
123 (W.D.N.Y. 1992).
Trial court properly entered an injunction
requiring that inmates working with AIDS infected wastes at prison hospital
be furnished with warnings and protective clothing, despite jury's verdict
that prison officials were not liable for damages for previously having
failed to do so. Burton v. Armontrout, 975 F.2d 543 (8th Cir. 1992).
Prison's refusal to adopt mandatory AIDS
testing and consideration of inmates' HIV status in making housing and
work assignments did not constitute deliberate indifference to inmate rights,
despite evidence showing that a pervasive risk of harm was present. Myers
v. Maryland Division of Correction, 782 F.Supp. 1095 (D. Md. 1992).
Nurse who contracted AIDS virus from contaminated
needle during scuffle with prisoner with AIDS awarded $5.4 million against
state of New York; suit alleged that prison guards did not come to her
assistance during incident. Doe v. New York Department of Correctional
Services, N.Y. Court of Claims, No. 82265, reported in the New York Times,
National Edition, p. 1 (July 15, 1992).
Disclosure to jail employees and inmates
that a prisoner was HIV positive could have violated his constitutional
right to privacy. Hillman v. Columbia Co., 474 N.W.2d 913 (Wis. App. 1991).
Jail policy of putting a red sticker on an
inmate's possessions, revealing her HIV positive status, violated her privacy
rights under U.S. Constitutional and N.Y. statute; automatic segregation
of HIV-positive prisoner was also unlawful. Nolley v. Co. of Erie, 776
F.Supp. 715 (W.D.N.Y. 1991).
Prison officials did nothing illegal in declining
to tell prisoners the identities of other inmates who tested positive for
HIV virus. Robbins v. Clarke, 946 F.2d 1331 (8th Cir. 1991).
Prison policy prohibiting assignment of HIV-positive
inmates to food service jobs violated Rehabilitation Act of 1973. Casey
v. Lewis, 773 F.Supp. 1365 (D. Ariz. 1991).
Mandatory AIDS testing of all Alabama inmates,
and involuntary segregation of all inmates testing positive, did not violate
inmates' rights. Harris v. Thigpen, 941 F.2d 1495 (11th Cir. 1991).
Correctional officer's lawsuit against employer
based on inmate's placing of AIDS contaminated blood serum in the coffee
he drank was barred by workers' compensation statute and sovereign immunity.
Elliott v. Dugger, 579 So.2d 827 (Fla. App. 1991).
Alabama county health department could not
be compelled to release to the sheriff the results of a jail inmate's voluntary
AIDS test. State Dept. of Health v. Wells, 562 So.2d 1315 (Ala. Civ. App.
1989), cert. quashed, Alabama Supreme Court, 1990.
Inmate can sue the State of New York for
damages under state law for unauthorized access to his medical records
and unauthorized disclosure of his affliction with AIDS. V. v. State, 566
N.Y.S.2d 987 (Ct. Cl. 1991).
Failure to segregate prisoners who are HIV
carriers or to test all incoming prisoners for the virus did not violate
other prisoners' rights. Portee v. Tollison, 753 F.Supp. 184 (D.S.C. 1990).
Prison failed to produce evidence that use
of taser to take blood from inmate for AIDS test was reasonably related
to a legitimate penological interest; summary judgment for prison overturned
by federal appeals court. Walker v. Sumner, No. 88-15644, (9th Cir., Oct.
22, 1990) reported in 90 Daily Journal D.A.R. 11927 (Oct. 23, 1990).
Prison did not violate prisoner's equal protection
rights by preventing him from working in food service after he tested HIV
positive. Farmer v. Moritsugu, 742 F.Supp. 525 (W.D. Wis. 1990).
Two courts hold placing inmates in cell with
prisoner with AIDS did not violate constitutional rights. Deutsch v. Federal
Bureau of Prisons, 737 F.Supp. 261 (S.D.N.Y. 1990); Welch v. Sheriff, Lubbock
Co., Tex., 734 F.Supp. 765 (N.D. Tex. 1990).
Prisoner's act of throwing urine and other
unknown liquids at officers, together with statement that he had AIDS and
hoped all officers got it, constituted threat and assault in violation
of prison rules. Finn v. Leonardo, 553 N.Y.S.2d 558 (A.D. 1990).
Prison physician entitled to qualified immunity
for delay in providing AZT drug treatment to prisoner for early symptoms
of AIDS related complex. Wilson v. Franceschi, 730 F.Supp. 420 (M.D. Fla.
1990).
Mandatory AIDS testing of new inmates and
administrative segregation of those testing positive did not violate inmates'
rights allowing inmates with AIDS to be introduced into general population
might violate eighth amendment. Harris v. Thigpen, 727 F.Supp. 1564 (M.D.
Ala. 1990).
Prisoner suffering from AIDS was entitled
to release on bond because facility did not provide required medical treatment.
Gomez v. United States, 725 F.Supp. 526 (S.D. Fla. 1989).
Family of inmate who died from AIDS presented
viable civil rights claim against prison medical personnel for alleged
failure to accurately diagnose and refusal to treat. Maynard v. New Jersey,
719 F.Supp. 292 (D.N.J. 1989).
Failure to routinely test all new inmates
for AIDS or segregate those with AIDS did not violate eighth amendment.
Feigley v. Fulcomer, 720 F.Supp. 475 (M.D. Pa. 1989).
Inmates who tested positive for AIDS virus
were not constitutionally entitled to private doctors or experimental drugs.
Hawley v. Evans, 716 F.Supp. 601 (N.D. Ga. 1989).
Nonconsensual AIDS test did not violate prisoner's
fourth or first amendment rights. Dunn v. White, 880 F.2d 1188 (10th Cir.
1989).
No federal civil rights liability for negligent
failure to protect inmate from attack by another inmate with AIDS. Cameron
v. Metcuz, 705 F.Supp. 454 (N.D. Ind. 1989).
Prison officials' decision not to institute
wholesale AIDS test and segregation program in response to unsubstantiated
inmate fears of contagion upheld by court. Glick v. Henderson, 855 F.2d
536 (8th Cir. 1988).
No municipal liability for placement of arrestee
in "AIDS cell" because it was not widespread custom. Moenius
v. Stevens, 688 F.Supp. 1054 (D. Maryland, 1988).
Tennessee sheriff can carry out involuntary
AIDS testing on arrestee who said he had AIDS, despite religious objection.
Haywood Co. v. Hudson, 740 S.W.2d 718 (Tenn. 1987).
No rational basis to deny application of
inmate with AIDS for participation in temporary release program. Lopez
v. Coughlin, 529 N.Y.S.2d 247 (Supp. 1988).
Inmate who tested positive for AIDS virus
convicted of assault with deadly weapon after biting two officers; no showing
that bite could transmit AIDS was necessary. U.S. v. Moore, 846 F.2d 1163
(8th Cir. 1988).
Prison regulations for identifying, treating
and isolating prisoners carrying AIDS virus did not violate due process.
Muhammad v. Carlson, 845 F.2d 175 (8th Cir. 1988).
Detainee who tested positive for AIDS virus
can sue warden on allegation that he was segregated without notice or hearing.
Baez v. Rapping, 680 F.Supp. 112 (S.D. N.Y. 1988).
Judge could not order inmate's AIDS test
results released to sheriff and alleged sexual assault victims. Shelvin
v. Lykos, 741 S.W.2d 178 (Tex. App. 1987).
Prisoner with AIDS not entitled to early
release; no showing that incarceration would hasten his demise. State v.
Wright, 534 A.2d 31 (N.J. Super. A.D. 1987).
Washington prisons' policy on AIDS rejects
mandatory testing of inmates demanded by correctional officers; no strike
over issue planned. Govt. Emp. Rel. Rep. (BNA) 236 (Feb. 15, 1988).
Prisoners' lawsuit alleging vast conspiracy
of state, federal and private individuals to spread AIDS to eliminate minorities
dismissed as frivolous. Traufler v. Thompson, 662 F.Supp. 945 (N.D. Ill.
1987).
Alleged misdiagnosis of prisoner as having
AIDS did not show deliberate indifference to serious medical needs; civil
rights suit dismissed. McDuffie v. Rikers Island Medical Department, 668
F.Supp. 328 (S.D. N.Y. 1987).
Inmates' lawsuit asking that all prisoners
be screened for AIDS and all homosexuals be segregated dismissed. Dinger
v. City of New Albany, 662 F.Supp. 929 (S.D. Ind. 1987).
New York high court upholds ban on conjugal
visits for inmate with AIDS, over strong dissent. Doe v. Coughlin, N.Y.
Court of Appeals, Nov. 24, 1987, reported in the New York Times, Nov. 25,
1987, page 11. Inmate was not deprived of a constitutional right when placed
in prison hospital isolation unit while being tested for AIDS. Judd v.
Packard, 669 F.Supp. 741 (D. Md. 1987).
Testing one homosexual inmate for AIDS, but
not fellow homosexual inmates, not a denial of equal protection; inmates
with the disease can be prohibited from attending regular religious services.
Powell v. Department of Corrections, State of Okl., 647 F.Supp. 968 (N.D.
Okl. 1986).
Federal court refuses to grant Nevada inmate
who is seropositive with AIDS virus (but not ill) the right to participate
in work program. Williams v. Summer, 648 F.Supp. 510 (D. Nev. 1986).
Prison officials can deny a conjugal visit
between inmate with AIDS and his wife; "safe-sex" methods no
guarantee of non- infection. Doe v. Coughlin, 509 N.Y.S.2d 209 (A.D. 1986).