8th Circuit endorses segregation of HIV-positive inmates

The 8th U.S. Circuit Court of Appeals in Missouri dismissed claims by prison inmate Jeffrey Tokar that special HIV housing units automatically reveal his serostatus to other inmates and corrections officers. The court cited precedents that inmates had little expectation of privacy and that segregating HIV-positive inmates served a legitimate government interest. The 8th Circuit Court endorsement of 3 precedents brings the total number of States that allow prisoner segregation to 15. The 8th Circuit Court rejected the inmate's claims that his confinement violated his Eighth Amendment right to be free of cruel and unusual punishment.     

Restraints on HIV-positive patient violated standard of care

The North Carolina Court of Appeals ruled that a psychiatric hospital that placed restraints on Steven T. Alt, an HIV-positive patient, violated acceptable standards of practice. Alt claimed that putting him in seclusion in leather restraints at the John Umstead Hospital was a significant departure from accepted psychiatric care. The State Industrial Commission awarded Alt $5,000 in emotional distress damages.     

Nearly one-third of prison inmates aren't gettng proper care

A study by Stadtlanders Pharmacy and the University of Pittsburgh shows that 36 percent of HIV-positive inmates do not receive adequate care based on government standards. These inmates, in both prisons and jails, are on regimens either "generally not recommended" or "not recommended" by Department of Health and Human Services guidelines. Of the 36 percent, 28 percent were placed on regimens that have some clinical benefit, but usually not enough to sustain initial viral suppression. The study was limited by the rapid turnover in high-volume jails and the fact that Stadtlanders can only track what medications are supplied to the facilities, not medications that are actually taken. Stadtlanders is the nation's largest supplier of medications to private firms furnishing health care services in correctional facilities.     

County jail must remedy substandard HIV care for inmates

A consent decree signed by U.S. District Judge Marvin Shoob in Atlanta seeks to end substandard medical treatment to HIV-positive inmates in Fulton County, GA. The case was brought by eight inmates who alleged violations to their constitutional rights for equal protection and freedom from cruel and unusual punishment. They said the prison did not provide continuity of care or consistent drug treatment regimens. The prison will be required to conduct viral load testing and to provide drugs in accordance with current treatment standards. Inmates will also leave prison with at least 2 days worth of medications and be referred to an HIV specialist for follow-up. An outside HIV specialist will monitor the program for compliance.