Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



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Showing posts with label PARSONS v ryan. Show all posts
Showing posts with label PARSONS v ryan. Show all posts

Thursday, February 19, 2015

Manfred Dehe: Corizon's deliberate indifference keeps killing...

Yes, Parsons v Ryan has been settled

                                    No, the prisoners havent stopped suffering yet.




--------from AZFAMILY.COM---------


Family claims prison health care killed father

by Brandon Lee

Posted on February 19, 2015 at 6:58 AM

Updated February 20 at 8:34 AM



PHOENIX -- The company that provides health care to Arizona inmates is Corizon. Its website states, in part, the company provides "high quality healthcare (sic)... that will improve the health and safety of our patients. Our people, practices and commitment to success through evidence-based medicine enable us to consistently meet and exceed client expectations."

But several nurses who currently work for Corizon Health tell 3TV that's not true.

What's more, one family says their father died because Corizon failed to live up to its promise.

"He was always in great shape," Mark Dehe said of his father, Manfred. "He walked all the time. He actually walked quite quickly."

Dehe said he spent as much time as he could with his father, but that changed when Manfred was sentenced to 10 years in prison. Dehe knew his dad would serve time but would eventually be released. The family would be reunited.

Dehe had no idea what three years inside an Arizona prison would do to his father.

"Infuriating," he said. "Infuriating."

Soon after Manfred went to prison, he complained to his family that he was in severe pain.

Dehe ignored him at first.

"I thought he was overreacting," Dehe explained. "I told him, 'Dad, this isn't the Ritz.' I told him it's prison you might just have to wait a little bit longer."

Medical records show that a prison doctor recommended surgery for a hernia on Feb. 21, 2012. It was categorized as an urgent priority.

On March 13, another medical professional recommended Manfred be seen by a doctor outside the prison, again for hernia-related issues.

One week later, medical staff again recommended outside treatment. It was again listed as "priority urgent."

I sat down with Dehe to talk about his claims that Corizon failed to provide proper care for his father.

Health care for violent criminal offenders is not at the top of most people's minds.

"I'm a little embarrassed to say I understand," Dehe confessed. "Prior to my father going to prison ... I didn't give it much thought. [M]y thoughts were 'Well if they didn't do anything wrong, then they wouldn't be in that position to begin with.

"But I also assumed that they were receiving and given adequate health care," he continued. "It may not have been the best. You may have had to wait a little bit, but I thought it met their needs. I was very ignorant."

3TV obtained hand-written notes from Manfred to prison staff. He seemed to be begging for help.

"I'm 77 years old. I don't feel right. I'd like to have a doctor fully examine me."

"To urinate is extremely painful. My hernias are also hurting."

"I'm not receiving any more meds for my urinary tract infection."

When Manfred was finally seen by doctors outside of the prison, lab tests came back with devastating results.

"Prostate cancer. Terminal prostate cancer. Stage 4," Dehe said.

Manfred's health deteriorated fast.

His family says he was supposed to receive monthly injections to slow the cancer. Medical records show that injections were sometimes missed because the medicine was not available, according to one doctor's notes.

Manfred continued to cry out for help. He wrote letters to management, saying, "I FEEL LIKE I AM BEING NEGLECTED. I NEED TO SEE A QUALIFIED DOCTOR AND GO TO THE HOSPITAL NOW!!!"

"From that time until he was finally seen for an exam, August 2013, 15 months had passed," Dehe said. "By that time, it was too late. He never left the bed. He never saw outside. He was never moved from one side to another and after two weeks he had severe bedsores. They would eventually get so bad you could see through to the bone."

Manfred's story is not unique. The state of Arizona has a contract with a private health care company, Corizon, to provide care for inmates. A report by medical experts hired by the ACLU to inspect and review the conditions at Arizona prisons found "almost half of the people who died natural deaths received grossly deficient medical care. And that the poor care clearly caused or hastened their death."

We even spoke to a current prison nurse who confirmed that inmates are dying because of poor care.

The prison nurse we talked with spoke on the condition of anonymity.

"People with ongoing diagnosis like leukemia, diabetes, or complications to some serious illnesses are being delayed care. Absolutely."

Nurses and doctors caring for Manfred tried to get him proper care.

"It is my medical judgement that this patient requires hospitalization," one doctor who saw him wrote to prison management.

One nurse even wrote a note that reads, "Department of Corrections short staffed and unable to provide security for ambulance transport. Consult Cancelled."

Dehe believes his father was sentenced to death because of poor health care.

"He was ridiculed by the staff," he said. "They didn't want to bathe him because quite frankly he smelled. One of the people even joked and said, 'Why don't you throw a sheet over him,' insinuating he smells like he's dead. He must be dead so cover him up."

Corizon recently settled a major class action lawsuit, promising it will make changes to provide better care to inmates. The case settled on Oct. 14, the same day Manfred lost his battle with cancer.

Manfred walked into prison at age 75. Three years later, he was dead.

"Do I think anything is going to change? Not a bit. Not a bit," Dehe said. "I have to assume that they act on the fact that there is no oversight, and therefore they can do whatever they want. If there's nobody watching me, I can do whatever I want. Who's going to complain? The inmate? Who's going to believe the inmate?"

Corizon declined an on-camera interview for this story. A spokesman did, however, respond with a statement.

"The oncological care provided Inmate Dehe from the time Corizon Health began serving the Arizona prison system met the standard of care and was appropriate to his condition. Federal and state privacy laws prohibit public discussion of details of patient conditions or courses of treatment."

A federal judge ruled Wednesday that Corizon and the Arizona Department of Corrections have three years to make changes that will improve the health care provided to inmates.

PARSONS V RYAN settlement approved by US District Court Judge Duncan





#CHUCKCHUCK #DARTHryan #DarkSideRyan  #FireChuckRyan" 

#DELIBERATEindifferenceKILLS


---------------------from the AZ Republic-----------

Judge approves Arizona inmate health-care settlement

Craig Harris, The Republic | azcentral.com 

9:55 a.m. MST February 19, 2015


A federal judge on Wednesday approved a settlement that will provide improved health-care coverage for about 34,000 Arizona inmates in state-run facilities at a cost to taxpayers of at least $8 million a year.

The American Civil Liberties Union, the ACLU of Arizona and the Prison Law Office, a prisoner-advocacy group, reached a settlement with the Arizona Department of Corrections last October, days before a trial was to start.

The lawsuit, filed on behalf of state-prison inmates, alleged that Arizona's inmate health-care system was so flawed that it caused deaths and preventable injuries. It also accused the state of keeping inmates in solitary confinement for long periods of time.

The state denied the allegations, and admitted no wrongdoing in agreeing to the settlement.

"This is a small glimpse of justice," said Patti Jones, whose nephew, Tony Lester, killed himself in a state prison. "I think this is a just settlement."

Jones was one of seven people to address U.S. Magistrate Judge David K. Duncan, who approved the settlement. Duncan also authorized $4.9 million in fees for the attorneys who represented the inmates.

The fees must be paid by the state. Duncan noted the amount for plaintiffs' attorneys nearly mirrored the amount the state spent in legal bills defending itself, bringing the state's total legal tab to about $10 million.

Gov. Doug Ducey is asking lawmakers for $8 million in his proposed budget for the coming fiscal year so the state's contracted inmate health-care provider, Corizon Health, can hire 91 additional health-care workers to comply with the settlement requirements.

The settlement requires DOC to:

• Meet more than 100 health-care performance measures, covering issues such as monitoring prisoners with diabetes, hypertension and other chronic conditions.

• Offer all inmates annual influenza vaccinations. Those with chronic diseases will be offered required immunizations.

• Offer inmates aged 50 to 75 annual colorectal cancer screening.

• Offer female inmates aged 50 and older mammogram screenings.

• Provide no less than 6 hours per week of out-of-cell exercise time for maximum-custody inmates.

• Provide maximum-custody inmates with serious mental illness an additional 10 hours of unstructured out-of-cell time per week.

• Only use pepper spray or other chemical agents during an imminent threat.

The settlement also allows attorneys for inmates and their experts to conduct up to 20 daily tours of state prison complexes annually to make sure the agreement is being enforced.

Donna Hamm, executive director of Middle Ground Prison Reform, said she liked the settlement but is unhappy that the state will have up to two weeks' advance notice prior to a tour.

"Some of the visits should be spontaneous and not announced," said Hamm, an outspoken critic of the Arizona prison system. "But overall, this is an improvement."

Daniel Struck, a private attorney representing the state, said DOC already has started to implement changes called for in the settlement.

David Fathi, director of the ACLU National Prison Project, called the settlement "real improvement" in the care of inmates.

The settlement does not apply to the roughly 7,000 inmates in six private prisons across Arizona.

ON THE BEAT

Craig Harris covers the Arizona Department of Corrections and other state and federal agencies, with an emphasis on government accountability and public money.

How to reach him

craig.harris@arizonarepublic.com
Phone: 602-444-8478
Twitter: @charrisazrep

Tuesday, January 20, 2015

Corizon HealthScare: Meet me in St. Louis...


The article below was posted from the AP to the St. Louis Post-Dispatch today. This was the comment I left for their readers: 

Corizon has been nothing but disastrous to Arizona state prisoners, ignoring too many to death and leaving their families devastated. We've had a whistleblower speak out and a class action lawsuit here (Parsons v Ryan), exposing how evil they are - as well as numerous protests by prisoners' loved ones and interviews with survivors, but it has been to no avail. 

Some think that's due to Good Old Boy Terry Stewart's influence in AZ (he's the former AZ DOC director - Chuck Ryan's mentor - now in bed with the folks at Corizon Healthscare), but I can't explain why other states still have contracts with them. Voters should really scrutinize things closely if their jails or prison systems are going with these folks and renewing contracts year after year, there's probably something dirty going on that keeps them sucking your tax dollars up for their profits at the expense of some of your most vulnerable citizens. Stop the privatization all together, if you can. It doesn't deliver what it promises, and you'll end up paying more after too many die in the end.

Posted as Peggy Plews

God only knows why the new governor, Doug Ducey, has retained Chuck Ryan after the embarassment his administration was to Brewer - must have something on that guy, too. It's like the whole Republican party here just dug their heads in the sand when it comes to the AZ DOC, though, not just the chiefs. Their mascot should be an ostrich, not an elephant. Elephants are, after all, thoughtful, compassionate, and wise...

By the way, if you're fighting these bastards on behalf of a loved one at the AZ DOC, follow the links to these older pieces, but be sure to be current on the relevant AZDOC policies (Department Orders) and send them the right copies - the docs and links in these old posts have probably expired.

 Corizon's Cruel and Unusual Greed: Follow the Money with Prison Legal News

Corizon and the AZ DOC: Prisoners & Families, Know Your Rights.

 

Corizon's deliberate indifference: fighting back.

 

artwork is mine....


------------from the St Louis POST-DISPATCH--------
St Louis Post-Dispatch
Janaury 20, 2014 


Months after he landed in Florida’s Manatee County Jail, Jovon Frazier’s pleas for treatment of intense pain in his left shoulder were met mostly with Tylenol.

“I need to see a doctor!” he wrote on his eighth request form. “I done put a lot of sick calls in & ya’ll keep sending me back and ain’t tell me nothing.”

Four months later, after Frazier’s 13th request resulted in hospitalization and doctors diagnosed bone cancer, his arm was amputated, according to a lawsuit by his family.

But the cancer spread. Frazier died in 2011 at age 21, months after his release.

As an inmate, his medical care had been managed not by the county sheriff’s office that runs the jail, but by a private company under contract.

That company, Corizon Health Inc., is under growing pressure after the loss of five state prison contracts, downgrades by analysts and increasing scrutiny of its care of inmates held by some of its largest customers, including New York City.

Corizon, responsible for 345,000 inmates in 27 states, including Missouri, is the country’s biggest for-profit correctional health provider, but it’s just one of many firms vying for billions of public dollars spent on prisoner care.

Corizon was established in 2011 when privately held Valitás Health Services Inc., the Creve Coeur-based parent of Correctional Medical Services Inc., acquired America Service Group Inc., a Tennessee-based provider of prison health services.

With corporate headquarters in Brentwood, Tenn., Corizon touts Creve Coeur as home to its operational headquarters.

For-profit prison care raises questions about ceding public responsibilities to private companies. It turns, though, on a thornier issue: How do you ensure care of people who society mostly would prefer not to think about?

Inmates “are still human beings. I think some people forget that, I really do. They’re somebody’s child,” said Shirley Jenkins, Frazier’s grandmother.

PRIVATIZED CARE

States spend $8 billion a year, a fifth of their corrections budgets, on prison health care, according to the Pew Charitable Trusts and the MacArthur Foundation. Local jails spend millions more.

Some critics fault the idea of privatizing the job.

“The problem is a structure that creates incentives to cut corners and deny care to powerless people that have no other options,” said David Fathi, director of the American Civil Liberties Union’s National Prison Project.

Others say deficiencies with prison care go beyond whether it is privatized.

“I don’t have a great love for private health care ... but I don’t think that they’re the source of the problem,” said Dr. Marc Stern, former health services director for Washington state’s prisons. Stern, who once worked for a Corizon predecessor in New York state, issued a 2012 report criticizing the company’s care of Idaho prison inmates while serving as a court-appointed expert.

“I think the problem is how much money and effort we are willing to put into correctional health care,” Stern said.

Some critics, though, say Corizon is notably problematic.

“We get letters from prisoners about medical care not being provided, and the list is endless. And it’s increased tremendously since Corizon took over,” said Randall Berg, executive director of the Florida Justice Institute, who represents inmates petitioning for care.

Corizon says it strives to provide quality care.

“We are always troubled by any questions on the care provided to our patients and view this as an opportunity to reconfirm our commitment to operational ethics and professionalism,” company spokeswoman Susan Morgenstern said in a written statement. The company declined to answer questions.

The criticism surrounding Corizon isn’t new. Correctional Medical Services, or CMS, which later became Corizon, was the main subject of a 1998 Post-Dispatch investigation of for-profit prison health care providers. Looking at CMS and other firms, the investigation found more than 20 cases nationwide in which inmates died as a result of alleged negligence, indifference, understaffing, inadequate training or cost-cutting.

In 2012, Corizon was sued for alleged medical missteps in the death of Courtland Lucas, an inmate in the St. Louis jail. He died May 25, 2009, from complications of a heart problem, congenital aortic valve stenosis, while under the care of CMS. The lawsuit was settled in the fall of 2014, but the terms were not disclosed.

Corizon’s struggles are widespread.

Its care of the 11,000 inmates at New York City’s Rikers Island is under “comprehensive review” by officials, who say they are concerned about problems including at least 16 deaths since 2009.

Arizona hired Corizon last year to replace Wexford Health Sources Inc. after its care came under fire. But an advocacy group warned that “if anything, things have gotten worse” in state prisons. Arizona and the ACLU recently reached a settlement calling for more monitoring of inmate care.

Meanwhile Corizon has lost long-standing prison contracts in Minnesota, Maine, Maryland, Tennessee and Pennsylvania since 2012. Auditors in three states documented problems, including slowness to address poor recordkeeping and inmates’ urgent requests for off-site care.

Corizon, which generated $1.4 billion in revenue in 2013 and is owned by a Chicago private equity firm, has battled stiffening competition. In recent months, Moody’s and Standard & Poor’s have downgraded Corizon’s holding company, citing financial underperformance, contract losses and competition that has squeezed profits.

The connection between Corizon’s contract losses and questions about the quality of care it provides is not clear.

But the challenges are evident in Florida, where a year after the state privatized prison care and awarded Corizon a $1.2 billion contract, news reports point to rising inmate deaths. If the company does not address substandard care, the state’s corrections commissioner wrote to Corizon’s CEO in September, Florida may begin withholding payment.

In Minnesota, an audit last year found that inadequate communication between prison staff and Corizon doctors during overnight hours “may have been a contributing factor to inmate deaths.”

But in announcing Minnesota’s change of contractors, the corrections commissioner said Corizon had provided “excellent” service. In a written response to questions, the state corrections department said its decision was not related to the audit. It would not comment on inmate deaths.

Corizon’s work in local jails also has come under scrutiny.

In October, Volusia County, Fla., officials questioned Corizon executives about lawsuits and its financial stability before voting unanimously to switch contractors. The hearing was held in the shadow of a lawsuit filed locally by the family of Tracy Veira, an inmate who choked to death in 2009 in a cell where she was supposed to be under watch while detoxing from painkillers.

A nurse working for one of the companies that merged to form Corizon saw an ailing Veira in the jail’s clinic the afternoon before she died. She told a supervisor the inmate looked as if she needed hospitalization, but Veira was instead sent back to her cell, according to an affidavit filed in the case.

When the commissioners questioned Corizon’s executives, there was no mention of Veira. But Commissioner Deb Denys said she was mindful of the case, scheduled for a July trial.

“I think everybody was,” Denys said. “Sometimes you don’t state the obvious.”

Jennifer Mann of the Post-Dispatch contributed to this report.

Sunday, November 9, 2014

How greedy states and profiteers bleed prisoners and families dry.


The following article is the good work of my friend Vikki Law, who edits the zine Tenacious, which is by and for women in prison. She wrote the book on women's resistance in prison - literally. Vikki's pretty prolific, and covers a lot of issues re: prisoners, crime and punishment - find links to her other articles here.

Info about the AZ DOC revised (OCT 15, 2014) money policy is here:

https://corrections.az.gov/electronic-payments

here's the director's instruction, modifying the existing policy:
 
https://corrections.az.gov/sites/default/files/policies/DI/di_322.pdf







----from TRUTH-OUT.ORG (inserted art is mine)------

Public Prisons, Private Profits

Saturday, 01 November 2014 09:39 By Victoria Law, Truthout | Report
When her daughter was first incarcerated in Arizona's Perryville State Prison, "Rae" sent her money orders bought at the local cash-checking place or from Walmart. But those took too long to clear, leaving her daughter without needed supplies, so she began driving to the post office to buy money orders. Throughout her daughter's four years in prison, Rae has sent her money twice a month - $100 on the first of the month and whatever she can afford (usually $50 or less) on the 15th of the month.

"When she first got there, she was issued two pairs of underwear, which had been worn by someone else," Rae told Truthout. So Rae sent her daughter money to buy her own underwear, bras and socks as well as tennis shoes and a TV set. "It was $300 for the TV," she recalled.

Her daughter earns 35 cents an hour cleaning inside the prison. Although the prison supplies some necessities, like one roll of toilet paper each week and a limited number of tampons or pads, Rae's daughter relies on the money from home to get her through each week. These money orders enable her to buy the additional toilet paper and feminine hygiene supplies she needs each month. It also enables her to buy Tylenol and cold medicine as well as pay the $4 co-pay on each medical visit. "Occasionally she can splurge and buy herself a candy bar, but that's rare," Rae said.

Services that had previously been provided by the jail or prison, such as medical care, transportation, phone and communication services, food, and even money exchanges, are increasingly handled by private companies.

On October 15, 2014, however, Arizona changed the way family members like Rae can send money. Now, instead of paying $1.25 for a money order at the post office, Rae must use one of three companies - JPay, Global TelLink or Keefe - to send her daughter money. To send $50 through Keefe, Rae also needs to pay a $4.75 internet transaction fee. Families without internet access can deposit money by phone - for a fee of $5.75 - or in a storefront transaction for $5.95. (Global TelLink and JPay have different fee structures.)

Despite the added cost, Rae is determined to send her daughter the same amount of money. "I'm going to have to eat the fees and make up the money somewhere else," she said. "I'll have to give something up. So will my husband." The couple has already had to sell their camper to cover the cost of visiting their daughter once a month. They've cut down on going out and other activities that cost money. On occasion, they've also had to choose between sending money to their daughter in prison or helping their son, who is not. "I feel bad that I can't help him because all our money is going to his sister," Rae said.

Only 8 percent of the nation's prison population is held in private prisons. But, as Rae's experience and recent news stories have demonstrated, private companies have found other ways to profit from bodies in government-run prisons. Services that had previously been provided by the jail or prison, such as medical care, transportation, phone and communication services, food, and even money exchanges, are increasingly handled by private companies.

Sending in Money Costs Money
As Rae's story shows, prison systems have contracted with private companies to handle money sent by family members to their loved ones inside. In the federal prison system, the contract was awarded to Bank of America. In 32 state systems, the contract belongs to private company JPay.

In February 2014, New Jersey prisons began utilizing JPay to handle these monetary transactions. "Before, it would only cost a stamp and the cost of the money order," said "Pam," currently incarcerated at the Edna Mahan Correctional Facility for Women. "Now, it cost our families or friends $4.95 in addition to whatever amount they send us." Loved ones also have the option of mailing a money order to JPay, but the money takes seven to 10 days to be credited to a woman's account. Pam's mother balked at paying an additional $7 and mailed a money order. The money was not credited to Pam for 14 days.

At Edna Mahan, commissary - or the prison store - is only available every other week. For women like "Pam" whose family chooses to save money and mail money orders, the delay means missing the chance to buy necessities, such as shampoo and feminine hygiene supplies.

"If a person owes restitution, the prison takes 55 percent of whatever money he receives," a mother told Truthout. Thus, to put $56 in his prison account so that he can buy food, she had to send $125.

"Gwen" has also experienced delays of up to four weeks when her family mails a money order to JPay. She told Truthout that, while women can order from commissary every two weeks, certain items, such as photos, clothing and beauty supplies, are only available once a month. In addition, many women rely on food items at commissary to supplement the prison's meals, which she described as "truly inedible."

Daily wages at Edna Mahan range from $5 at the top-paying commissary job to $2.40 for working in the kitchen or cleaning housing units. If a woman is sick or unable to work, as in Gwen's case, she must either learn to go without supplies or rely on money from family. "It isn't a lot of money, but $28 can mean a whole commissary for me," Gwen explained.

California is another state that has instituted JPay to handle money sent to prisoners. But the fees make sending money an exorbitant expense for many family members. "Samantha," for instance, must send her son twice the amount of money that he needs. "If a person owes restitution, the prison takes 55 percent of whatever money he receives," she told Truthout. Thus, to put $56 in his prison account so that he can buy food, she had to send $125. And that's not including JPay's service fees, which vary depending on the amount of money sent. "There's no readily available list of charges," she told Truthout. "I literally had to call and hunt down how much would be charged."

"If you put money in a couple of times a month, you pay that fee a couple of times a month. Families with the least amount of money get hit the hardest."

JPay provides money transfers to more than 1.7 million people or nearly 70 percent of the US prison population. It charges state prison systems nothing for handling payments and, for every payment processed, it sends between 50 cents and $2.50 back to the prison. According to an exposé in Time, JPay sent approximately $4,000 each month to the Illinois Department of Corrections in 2013.

"Jill"'s daughter has less than two years on her sentence at Arizona's Perryville prison. When Arizona announced the switch to electronic money transfers, Jill decided to skip the fees and send a money order for the total amount her daughter would need during her last year behind bars. But, she told Truthout, many of the family members she has met cannot afford that option. "Many families have to budget in order to send money," she said. "If you put money in a couple of times a month, you pay that fee a couple of times a month. Families with the least amount of money get hit the hardest."

The Kick-Out Fee - and the Fees That Go With It

A person leaving the Arizona prison system for the first time is given $100 upon her release. The money, saved from the wages earned at prison jobs, is called the "kick-out fee."

Until 2013, people released from Arizona's prisons were given the kick-out fee in the form of a check. However, banks often refused to cash the check with a prison ID, usually the only form of identification many women have after years in prison. Thus, accessing their only $100 first required a trip to the Department of Motor Vehicles for identification or finding a friend willing to deposit the check for them.

Now, they are issued a debit card through Bank of America. "If women are coming out after a long time, they don't know how to use debit cards," Jill explained. "They're scared to death about using them." In addition, Bank of America charges a $1.50 monthly maintenance fee and, like many other banks, charges a $1.50 withdrawal fee if a person uses a non-Bank of America ATM and a 25 cent point-of-sale fee for every transaction.

No staff member explains the various fee structures, which means that people are unaware that they deplete their funds each time they use the card. If a person chooses to withdraw the entire amount from her debit card, she is charged a $5 fee.

In addition, if she loses the card, no replacement is issued. Her money is simply gone. For a woman in a halfway house, shelter or other temporary living situation, this means sleeping with the card tucked into her bra or panties.

Arizona is not alone in utilizing this new method. The Center for Public Integrity recently reported on Bank of America's contract with the Federal Bureau of Prisons to issue debit cards to people upon release. Under that contract, they've issued cards to nearly 50,000 people. The Center's report has spurred a government audit into the contract.

Privatizing Health Care - But at What Cost?



"We live by violence, but we die by neglect."

Handling prisoner accounts is not the only service that has been privatized. Across the country, jails and prisons have been contracting with private, for-profit companies to provide medical services to people inside.

Cecily McMillan experienced this firsthand during her 58 days on Rikers Island, New York City's island jail complex. When she arrived, she was denied her prescribed medications for mild anxiety and ADHD. Instead, jail medical staff gave her BuSpar, the same medication, McMillan says, that every woman was prescribed regardless of her actual needs. After three weeks of fighting for her proper medication, a fight that included help from sympathetic city council members, McMillan had her medications reinstated. But that was not the only medical horror she encountered.

She recalled making an appointment to see a gynecologist. Warned that the jail's male gynecologist was "kind of handsy," she requested to see the jail's female gynecologist only to be told that she wasn't available for six weeks. When she saw the doctor, he informed her that she needed to undergo a gynecological scrape even though McMillan had had a check-up before entering Rikers. "He scraped me until I was bleeding," she recalled. When he finished, McMillan realized that his fly had been open the whole time.

During her 58 days on the island, McMillan also saw how medical care could be deadly: Judith had been prescribed low-dose methadone pills for back pain, McMillan recalled. But when Judith arrived at Rikers, the doctors insisted that she take methadone in high-dose liquid form. Taking higher dosages of methadone induced intense vomiting in Judith, who had hepatitis C. McMillan recalls seeing her friend vomit blood and what she described as "chunks of her liver." The women in the housing unit demanded that the officers call the doctor. When medical staff failed to respond, they physically carried Judith to the clinic. Days later, Judith was dead.

Judith's death is only one of a string of recent deaths on Rikers Island. In 2013, 19-year-old Andy Henriquez died from a tear in his aorta after his pleas for medical attention were ignored. That same year, 46-year-old Carlos Mercado and 39-year-old Bradley Ballard died after their medications were withheld. The families of all three men are suing Corizon, the private medical provider that has held the contract for medical services at Rikers since 2003. However, according to DNAinfo, Corizon's contract with New York City stipulates that the city will represent the firm in lawsuits arising from its care. It also ensures that the city will cover costs arising from medical malpractice or civil rights violations.

New York is not alone in turning to privatized health care for people behind bars. In 2011, Florida governor Rick Scott contracted with Corizon to provide medical care in its state prison system for $1.2 billion. Corizon took complete control in 2013. According to an investigation by The Palm Beach Post, three months later the number of deaths "shot to a 10-year high," with 30 deaths in four of the past seven months.

Corizon currently holds contracts in 27 states with approximately 345,000 people under their care. (In October 2013, Therese Brumfeld, vice president of Corizon's provider operations and purchasing, stated that Corizon had contracts in 29 states with over 400,000 people.) From 2008 to 2013, Corizon has been sued 660 times for malpractice.

In Alabama, the Southern Poverty Law Center filed a federal suit against the state's prison system for ignoring the medical and mental health needs of its prisoners. (Corizon provides medical care only. MHM, another private company, holds the contract for mental health care.) Unlike its contract with New York City, Corizon's 34-month, $224 million contract with Alabama requires it to pay for any legal work in the event of a lawsuit, even if it is not named in the suit.

Arizona recently settled class-action suit Parsons v. Ryan. The suit, filed by the American Civil Liberties Union (ACLU) in 2012, charged that the state ignored the basic needs, including medical needs, of people in its prison system for years. Corizon took over the state prison's health care system in March 2013 after the state terminated its contract with private health care provider Wexford following multiple deaths and accusations of medical neglect.

However, medical care did not improve under Corizon and the ACLU continued its suit. On October 14, 2014, Arizona settled the suit, agreeing to meet more than 100 health care performance measures, including monitoring people with chronic conditions, such as diabetes and hypertension as well as improving pregnancy and dental care.

Before the court decides whether to approve the settlement, however, each of the 33,000 people in Arizona state prisons must receive notice of the settlement and an opportunity to submit comments to the court. David Fathi, director of the ACLU National Prison Project and co-lead counsel on Parsons, estimated that the process would probably take two months. The settlement does not become effective until the court grants its approval.

In the meantime, health care needs continue to go unaddressed. The day after the settlement was announced, Jill spoke with her daughter who told her that her yard had no health needs request forms, which every person must fill out to start the process of receiving medical attention.

"We live by violence, but we die by neglect," a woman told McMillan when she entered Rikers.

After hearing stories from her daughter, Jill doesn't dispute this. She recalls her daughter telling her about a woman on her yard whose complaints about bleeding and pain were ignored. She was finally taken to the hospital where she was diagnosed with ovarian cancer. She died in her 30s.

"My daughter went in a very healthy 25-year-old," Jill said. "She was not given a life sentence or death. She should be given enough medical care so that when she comes out, she can resume living a normal life."

Tuesday, October 14, 2014

DENYING deliberate indifference: DOC/ACLU settlement reached, RYAN denies wrongdoing...

 EDITED OCT 14, 2014 3:48pm


This first press release is just in from the ACLU of Arizona. I think the DOC is getting off easy without having a public trial, but it saves money and time to do this instead. They were definitely going to lose...

The second press release is from the head of the AZ DOC, Charles Ryan, the guy who was named in the suit. Sounds like he won the lawsuit or something. These are vastly different accounts of the settlement. My bet is that the AZ DOC put the most spin on their version, but it concerns me that they say the following:


" “This is positive news,” said ADC Director Charles Ryan.  “On the eve of trial, the plaintiffs in this case have essentially agreed that the department’s current policies and practices, along with recent enhancements to programming opportunities, adequately addresses the plaintiffs’ concerns relating to constitutional healthcare and conditions of confinement for maximum custody and mentally ill inmates. "

AND:
 
" ADC will monitor its own compliance, thus avoiding costly court oversight, and the Plaintiffs’ attorneys, through record review and on-site tours will confirm compliance, as well."

Say what??? No way!!!

I'm going to have to read the settlement docs myself and get back to you all with another analysis..



----------


Arizona Agrees to Major Improvements in Prison Health Care, Crucial Limits on Solitary Confinement in Landmark Settlement


For Immediate Release
October 14, 2014


CONTACT:

Alexandra Ringe, American Civil Liberties Union, media@aclu.org, 212-549-2666
Steve Kilar, ACLU of Arizona, skilar@acluaz.org, 602-773-6007
Don Specter and Corene Kendrick, Prison Law Office, dspecter@prisonlaw.com and ckendrick@prisonlaw.com, 510-280-2621

PHOENIX – The American Civil Liberties Union, the ACLU of Arizona, the Prison Law Office, and co-counsel today filed a settlement agreement in their class-action suit on behalf of more than 33,000 prisoners in Arizona’s state prisons. Under the settlement, the Arizona Department of Corrections must fix a broken health care system plagued by long-term and systemic problems that caused numerous deaths and preventable injuries. The settlement will also allow prisoners in solitary confinement who have serious mental illnesses to have more mental health treatment and time outside their cells, and will make other critical reforms in prison conditions.

“The Arizona Department of Corrections worked with us on a settlement that shows a commitment to protecting prisoners’ physical and mental health,” said David Fathi, the Director of the ACLU’s National Prison Project. “We hope other states will now find ways to provide adequate medical, mental health, and dental care to their prisoners.”

“The Arizona Department of Corrections has agreed to changes that will save lives,” said Don Specter, Director of the Prison Law Office. “This settlement will bring more humane treatment for prisoners with serious health care needs, and the potential for their conditions to improve rather than worsen.”

The settlement in Parsons v. Ryan requires the Arizona Department of Corrections (ADC) to meet more than 100 health care performance measures, covering issues such as monitoring of prisoners with diabetes, hypertension, and other chronic conditions; care for pregnant prisoners; and dental care.

The settlement also requires ADC to overhaul the rules for prisoners with serious mental illnesses in solitary confinement. Instead of spending all but six hours a week in their cells, such prisoners will now have a minimum of 19 hours a week outside the cell, and this time must include mental health treatment and other programming. ADC must also restrict guards’ use of pepper spray on these prisoners, using it only as a last resort when necessary to prevent serious injury or escape.

The settlement provides for ongoing monitoring and oversight by the prisoners’ lawyers to make sure the state is complying with its terms.

The groups filed the federal lawsuit in 2012, challenging years of inattention to the health needs of state prisoners and improper and excessive use of solitary confinement, resulting in serious harm and unnecessary deaths. Judge Neil V. Wake of the U.S. District Court in Phoenix certified the case as a class action in March 2013, and the U.S. Court of Appeals for the Ninth Circuit affirmed that ruling in June 2014. Last month, the groups filed reports by nationally recognized experts in corrections and in medical, mental health, and dental care, showing system-wide problems with the prisons’ health care and excessive use of solitary confinement.

In addition to the ACLU and the Prison Law Office, other attorneys on the case are Perkins Coie, Jones Day, and the Arizona Center for Disability Law, which is also a plaintiff in the case.
aclu.org/prisoners-rights/parsons-v-ryan

For information about the ACLU’s National Prison Project:
https://www.aclu.org/prisoners-rights

For information about the Prison Law Office:
www.prisonlaw.com

For information about the Arizona Center for Disability Law:
http://www.acdl.com/

---now for the official state version----


ARIZONA DEPARTMENT OF CORRECTIONS
1601 W. JEFFERSON
PHOENIX, ARIZONA 85007
(602) 542-3133
                 

                      

JANICE K. BREWER                                                  CHARLES L. RYAN
GOVERNOR                                                                            DIRECTOR
For more information contact:
Doug Nick
dnick@azcorrections.gov
Bill Lamoreaux
blamorea@azcorrections.gov

Tuesday, October 14, 2014


Parties reach settlement agreement
and seek to vacate Parsons v. Ryan trial


PHOENIX (Tuesday, October 14, 2014) – The Arizona Department of Corrections (ADC) has reached a settlement agreement in collaboration with the ACLU, Prison Law Office and ACDL prior to the pending trial.

The parties have agreed to approximately 100 performance measures applicable to medical, mental health, dental and conditions of confinement.


“This is positive news,” said ADC Director Charles Ryan.  “On the eve of trial, the plaintiffs in this case have essentially agreed that the department’s current policies and practices, along with recent enhancements to programming opportunities, adequately addresses the plaintiffs’ concerns relating to constitutional healthcare and conditions of confinement for maximum custody and mentally ill inmates.

“In regards to those issues, the settlement notwithstanding, it’s unfortunate that the plaintiffs continue to use rhetoric such as ‘solitary confinement’ to describe housing for some inmates.  No such confinement exists in our institutions.  The Department of Corrections has always followed nationally-accredited standards for housing single-cell inmates that include requirements for natural daylight and contact with others, and out-of-cell time.


“Additionally, it should be noted that Arizona’s inmate mortality rates, including incidents of suicide, are within the national average for corrections departments.  In 2012, the most recent year for which statistics are available, Arizona reported 215 deaths per 100,000 inmates, compared to the national average of 254 per 100,000.  Additionally, Arizona averaged 17 inmate suicides per 100,000, which is in line with the national average of 16 per 100,000.


“By avoiding a costly trial, the Department saves significant resources that can be further directed towards continuing to provide constitutional healthcare and structured programming to support successful community reintegration.  This is especially relevant in light of the fact that despite the state of California spending nearly $18,000 per inmate for health care costs due to two decades of litigation by the same plaintiffs in the Parsons case, California is still under court supervision and the inmate mortality rate there exceeds that of Arizona. 
By contrast, Arizona spends nearly $3,800 per inmate in health care costs.

ADC will monitor its own compliance, thus avoiding costly court oversight, and the Plaintiffs’ attorneys, through record review and on-site tours will confirm compliance, as well. ADC, through its contracted vendor, must meet specific compliance thresholds at its facilities. Within two years, monitoring of performance measures automatically terminates when those performance measures meet agreed-upon thresholds.  ADC can petition the court to terminate the entire settlement agreement after four years.

Saturday, September 20, 2014

Parsons v Ryan: Experts report on Arizona's Other Death Row...

Per the ACLU of Arizona: "Every week, on average, a patient who has been neglected or mistreated dies in the Arizona prison system..."



Thank you, ACLU and Prison Law Office, as well as the folks at Perkins Coie and Jones Day, and the AZ Center for Disability Law for fighting Parsons v Ryan.  Thanks as well to Wendy Halloran at KPNX/Channel 12 News, and Bob Ortega at the Arizona Republic for exposing the AZ DOC's and their medical care providers' failings.
 
I urge all of you who are helping prisoners fight Corizon now for their medical care to read these reports (links are here). There may be something in there your loved ones can use for their own cases - after all, its the pattern of deliberate indifference that makes  the AZ DOC director personally responsible for their suffering, even if he didn't know about them individually or their conditions. 


  Along those lines, prisoners really need to follow the AZ DOC's medical grievance policy (DO 802) to the letter if they are going to get any help, so download and study that policy first, yourselves, and send them a copy. Send them this one as well, DO 1101 on accessing health care services. Then send them this thing, the Jailhouse Lawyers Handbook from the National Lawyers' Guild. It'll tell them why they need to file grievances and what to do when they don't get the answers they need.

If you need more info on strategies for fighting DOC and Corizon, check out this newsletter and these blog posts:


Corizon's deliberate indifference: fighting back. (Thursday, May 30, 2013)

Corizon and the AZ DOC: Prisoners & Families, Know Your Rights. (Tuesday, March 5, 2013)


 a loving sister remembering Nelson Douglas Johnson, one of many AZ DOC prisoners
 who committed suicide in solitary confinement under Jan Brewer's administration...


Here's also a list of civil suit attorneys that I know have sued the AZ DOC before, as well as a few other resources. Now, that's not an endorsement of anyone in particular - check them out yourselves. Just make sure you get someone who understands prison law - it's really not like any other civil litigation.

The class action suit is scheduled to go to trial on October 21, 2014 in US District Court in Phoenix, so plan to be with us that week, at least!!!

---------from the ACLU of Arizona---------

Arizona Prisons’ Widespread Failings Detailed 
in Newly Released Reports

 Healthcare in Arizona Department of Corrections Facilities 
Does Not Meet Minimum Standards, Experts Find 

FOR IMMEDIATE RELEASE
Sept. 9, 2014 

CONTACT: Steve Kilar, ACLU of Arizona, 602-773-6007, skilar@acluaz.org

PHOENIX – Nearly two dozen expert reports that detail widespread problems with the Arizona Department of Corrections’ healthcare system, as well as its use of solitary confinement, were made public late Monday. 

“I observed locked, dark and empty rooms that I was told were exam rooms, but lacked basic medical equipment,” wrote Dr. Robert Cohen, an expert in correctional medicine, in one of his reports (11/8/13 report, page 5). “Medical equipment was broken, covered in dust, and in some cases based on logs attached to them, had not been repaired or checked in more than a decade.” 

Dr. Cohen found that almost half of people who died “natural deaths” while in ADC’s care over a six-month period received “grossly deficient” medical care (2/24/14 report, pages 1-2). Every week, on average, a patient who has been neglected or mistreated dies in the Arizona prison system, according to these expert reports. 

“In some of these cases, the poor care clearly caused or hastened their death,” Dr. Cohen wrote (2/24/14 report, page 1-2). “It is alarming that almost half of the natural deaths occurring during the brief half year period under review would reveal such significant problems with delivery of basic medical services.” 

Dr. Cohen uncovered shocking delays in treatment including the case of a 38-year-old prisoner whose death from cancer was avoidable according to ADC’s own documents (2/24/14 report, pages 19-25). Another prisoner died of untreated lung cancer after being accused by nurses of lying about his medical condition; they said in his medical records that he was “playing games” and “seeking attention” (2/24/14 report, pages 25-32). A 24-year-old man died of AIDS-related pneumonia after his AIDS went undiagnosed and untreated for a year, despite his pleas for HIV tests and treatment, Dr. Cohen found (2/24/14 report, page 52). 

These are not isolated cases. Dr. Cohen’s findings, and the findings of the plaintiffs’ other experts, point to systemic deficiencies in ADC’s healthcare. 

“[T]here were multiple cases in which the lapses were so shocking and dangerous that I felt ethically obligated as a medical professional to bring them to the immediate attention of the ADC and Corizon staff,” Dr. Cohen said (11/8/13 report, page 4). Corizon is the company contracted by the state to provide healthcare to prisoners. 

The other experts made equally damning discoveries. The 23 expert reports, which were previously confidential, were made public yesterday pursuant to a court order in anticipation of an October trial relating to ADC’s failure to provide more than 33,000 prisoners in 10 prisons healthcare and conditions of confinement that meet constitutional standards. 

“[T]he chronic shortage of mental health staff, delays in providing or outright failure to provide mental health treatment, the gross inadequacies in the provision of psychiatric medications, and the other deficiencies identified in this report are statewide systemic problems, and prisoners who need mental health care have already experienced, and will experience, a serious risk of injury to their health if these problems are not addressed,” wrote Dr. Pablo Stewart, another expert hired by plaintiffs’ counsel to tour ADC’s prisons and review prisoners’ medical records, in one of his reports (11/8/13 report, page 10). 

Dr. Stewart, a psychiatry professor with expertise in prison mental health care, uncovered numerous preventable suicides by prisoners, lengthy and serious delays in care, insufficient and unlicensed staff and inadequate medication protocols. One prisoner hanged himself after ADC neglected to give him his prescribed mood stabilizing drugs for more than three weeks, Dr. Stewart found (11/8/13 report, pages 21-23). 

The reports also detail significant, dangerous problems with ADC’s use of solitary confinement. Some people, for instance, are put in isolation simply because other beds are full (Vail 11/8/13 report, page 9). Mentally ill prisoners are often isolated because ADC does not have treatment alternatives, according to one expert (Vail 11/8/13 report, page 13). 

“[T]he ADC health care delivery system is fundamentally broken and is among the worst prison health care systems I have encountered,” Dr. Cohen wrote (11/8/13 report, page 3). “[U]nless ADC dramatically reverses its course, it will continue to operate in a way that harms patients by denying them necessary care for serious medical conditions.” 

Plaintiffs in the class action lawsuit, Parsons v. Ryan, are represented by the American Civil Liberties Union’s National Prison Project, the ACLU of Arizona, the Prison Law Office, Jones Day, Perkins Coie LLP and the Arizona Center for Disability Law. 

A trial is scheduled to begin Oct. 21. More expert reports will be made public prior to the trial. 


The complete reports now available can be found here. Reporters can email the ACLU of Arizona to request report summaries.

Sunday, August 3, 2014

Parsons v Ryan: AZ AG/DOC seeks settlement talks, as CORIZON treats cancer with antacids.


Condolences to the family of Glen Huggins and every other AZ DOC prisoner who has died from the violence of deliberate indifference under this governorship. May we soon see an end to the drug war, and the beginning of the end to our legislature giving blessings to those who would maximize profit by stealing public resources from the sick and dying. The prisoners, the ACLU-AZ and the Prison Law Office, among others, are doing their part to fight the parasites our state does business with, having filed Parsons v Ryan (which goes to trial in October, unless it's settled first). Please do your part as well, and honor Glen's dying wish that no more prisoners have to suffer as he did: hold all these people accountable. Demand that your legislators launch an investigation into the DOC's ineffective leadership, high number of unnecessary prisoner deaths, and poor oversight of contract agencies. You can find them here:


Arizona State Legislature
Capitol Complex
1700 West Washington
Phoenix, AZ 85007-2890


Also call on Governor Brewer's office to sack AZ Department of Corrections' Director Charles Ryan for this mess, and insist that a new director improve health care as a top priority - Ryan's DOC has only sought to grow prisons and the profits of folks like Corizon. 

Her contact info is here:

http://www.azgovernor.gov/Contact.asp

The Honorable Janice K. Brewer
Arizona Governor
Executive Tower
1700 West Washington Street
Phoenix, AZ 85007

(602) 542-4331

 

Thank you to CH 12/KPNX and Wendy Halloran, from the prisoners and the family members I've spoken to about Corizon and the AZ DOC's complicity in depriving state prisoners of the most basic things they need to survive - which begins with recognizing their humanity, as well as our own.

If you are the loved one of a prisoner of the AZ DOC who is suffering without care, contact Arizona Prison Watch. I will provide what resources I can to help - including a list of attorneys who have sued the state prison system and don't give me kickbacks for referrals (likewise, if you know of any good lawyers who may help other families, please let me know). I can be reached at:arizonaprisonwatch@gmail.com or 480-580-6807

Here are a couple of other blog posts that give concrete info about fighting the AZ DOC on medical issues.




Please also contact KPNX/AZ Republic's parent company, to tell them we need more stories like the one below, because prisoners' lives matter. Cut and paste this email to reach them at connect@ad.gannett.com

 
-------------from CH12/KPNX-----------

Costs up, no improvement in prison healthcare quality

Wendy Halloran, 12 News | azcentral.com 

 10:50 p.m. MST August 1, 2014





First they refused to admit there's a dire problem. Now, after a 12 News investigation, the Arizona Department of Corrections is offering to settle up with inmates in a class-action lawsuit filed in 2012.

We first brought you the story of inmates not getting proper healthcare, even though taxpayers are footing the bill, in May. Our reporting revealed there were at least 16,000 delays in medical care to Arizona inmates in 2013.

So far, the only action taken has been imposing fines on Corizon, the company contracted to provide healthcare for inmates in the state.

HEALTHCARE RATE INCREASE 

The state has paid Corizon $130 million a year to provide healthcare for inmates. Arizona taxpayers have paid, on average, $348,000 per day.

In July, a rate increase went into effect, from $10.10 per inmate per day to $10.42, due to changes made by ADC. According to Corizon's contract, the increase is to pay for 34 more staff positions to hand out medications. This followed an ADC policy change regarding what medications inmates were allowed to self-administer after multiple suicides and overdoses.

So costs have gone up, but newly released records obtained by 12 News show the problems inside the state's prisons are getting worse.

ADC-employed monitors routinely document Corizon's performance in monthly reports known as MGARs. In our review of the new batch of reports covering November of last year through April, we found numerous cases of delay, lack of treatment, noncompliance with the terms of the contract, ADC monitors noting staff shortages, and lack of medication and psychiatric care for mentally ill prisoners.


THE STORY OF INMATE GLEN HUGGINS

On December 15, 2013, Glen Huggins had 72 hours left to live.

Huggins was serving a 12-year prison sentence on drug convictions at the state prison in Tucson. He had already served eight years when he suddenly became gravely ill.

In August of 2013 Huggins complained to prison staff in Tucson about abdominal pain. He filled out what is known as an HNR, a Health Needs Requests inmates are required to fill out to get medical care. He complained he had not been able to swallow his food and keep it down since June, and had been losing weight.

More than a week later, a nurse saw Huggins. His symptoms were documented but his case was deemed "not urgent."

At the end of August, a nurse practitioner saw Huggins and, thinking the pain was due to Hepatitis C and acid reflux, gave him an antacid.

"That wasn't doing anything," Huggins' son, Cody, told us. "Meanwhile he's still losing weight, he can't swallow."

Huggins' family provided 12 News his medical records, which show he had a family history of cancer.

We asked Dr. Palav Babaria, a primary-care physician in Oakland, California to review the documents and give her opinion on whether the family's allegations of delays in care were accurate.

Dr. Babaria has done work for the Prison Law Office, one of the plaintiffs in the class-action lawsuit against the Department of Corrections.

"For someone like Mr. Huggins, who had the medical history that he had, any complaints of not being able to swallow accompanied by profound weight loss he was talking about, I think any competent physician would have worried about cancer until proven otherwise," said Dr. Babaria.

On September 17, Huggins wrote in an HNR the antacids he was taking weren't working and his condition was getting worse.

In an October request, Huggins wrote a nurse had seen him eight times and an abdominal X-ray was normal, but still no doctor was assigned to examine him.

He filed more HNRs complaining of continued difficulty swallowing food and keeping food down. He wrote that the antacids were not helping with his pain.

Dr. Babaria says an abdominal X-ray was not an appropriate test.

"The two easiest ways of doing that are getting X-rays called a barium swallow, and see if liquid that shows up on the X-ray is passing or not, or just doing an endoscopy, going down with a camera to get a really good look and do biopsies," she said.

Dr. Babaria says, in Huggins' case, it seems that none of that was done when he first complained of the symptoms. Instead he was treated as if he only had acid reflux.

According to records obtained by 12 News, Huggins was just one of several inmates at the Tucson prison who suffered from a lack of medical care.

The Department of Corrections' own monitors documented long delays for inmates to be seen by outside specialists. Only nine patients out of 33 received urgent consultations in a timely manner. The requirement is that urgent consultations are done within 30 days, which goal Corizon met only 27% of the time.

A SON'S STRUGGLE 

Reading his father's HNRs was upsetting for Cody Huggins.

"You see a man that is just pleading for help and asking for help practically begging for help there at the end," he said.

According to Huggins' prison records, on October 23, 2013 a possible diagnosis of cancer is noted after a mass extending from Huggins' chest to his navel was discovered. This was made by the Corizon nurse practitioner.

Only then did Corizon approve sending Huggins to an outside hospital. The first time Huggins was seen by a doctor was when he arrived in the emergency room. According to Huggins' medical records, within an hour, he was diagnosed with Stage 4 esophageal cancer.

The cancer spread from his esophagus to other parts of his body. The doctors could not put a stint in to open up his esophagus because of the size of the tumor. Instead, they inserted a feeding tube in his stomach so he could get some nourishment.

His medical records show he lost almost 40 pounds in the months he kept requesting treatment and reporting problems.

On December 5, 2013 the Arizona Board of Executive Clemency recommended his sentence be commuted due to "imminent danger of death."

Gov. Jan Brewer signed a clemency order on December 11. Huggins was medically paroled the next day. His family took him home to die.

Huggins died on December 18, less than a week after his release.

Cody Huggins called it inhumane and hopes this doesn't happen to any other inmates or their families.

Dr. Babaria says the degree of suffering was preventable.

Now, Huggins' family plans to file suit against Corizon, accusing the healthcare provider of denying Huggins adequate and competent care.

Corizon denies any wrongdoing in Huggins' death. The company issued this statement:

"State and federal privacy laws forbid disclosure by Corizon of any identifiable patient medical information, let alone argument of factual claims regarding patient care in the news media. We can state that the allegations made by Ms. Halloran related to the patient's access to nursing staff and medical providers are not supported by the medical record. The inmate patient received timely, appropriate and professional care. The onset and advance of the patient's condition were unfortunately rapid and aggressive, just as they are often so among other similarly stricken patients. Allegations to the contrary are misleading and untruthful."

Cody Huggins struggles with his father's death. He thought his dad would be released from prison for the last time and they could rebuild their relationship and start a new one with Cody's young daughter.

Over the last two quarters, Corizon has been sanctioned by the state for a total of $71,000 based on its performance. An ADC spokesman emailed us this statement:

"The MGAR reports are valuable tools to document compliance with identified performance measures. Corrective action plans are implemented to hold Corizon accountable for those measures. ADC has imposed financial sanctions on Corizon as part of the company's contract with the state.

"As with any such contract, Corizon's agreement is subject to the state Procurement Code as well as adherence to the Department of Corrections Department Order 302, Contracts and Procurement, to ensure transparent, fair and equitable practices and has the approval of the Attorney General's Office and State Procurement Officer."

Meanwhile, the class-action lawsuit filed by the ACLU of Arizona, ACLU National Prison Project, and the Prison Law Office is scheduled to go to trial this October in Phoenix. It accuses the Department of Corrections of providing inadequate medical care, mental healthcare and dental care that has led to deaths.
Defending against the suit is private law firm Struck, Wieneke & Love PLC of Chandler. So far, billing records reveal taxpayers have paid this firm approximately $3.4 million to defend the Arizona Department of Corrections against the lawsuit.

Meanwhile, the Prison Law Office has confirmed via email that settlement talks are underway to avoid a trial, issuing the following statement:

"The AG's office filed a request seeking a settlement conference, and after preliminary discussions with the AG's office we agreed to that request. A court-supervised settlement conference is scheduled for August 5."