Tuesday, October 20, 2026·Focal News

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Ninth Circuit pauses Arizona prison health care receivership during state appeal

A federal appeals court has halted the planned transfer of Arizona prison health care management to an outside receiver while the state challenges the takeover. The receiver may continue planning, but the court-ordered operational handoff is on hold.

Ninth Circuit pauses Arizona prison health care receivership during state appeal

A federal appeals court has paused the planned takeover of health care operations in Arizona’s state prisons, leaving the system under state management while Arizona challenges the court-ordered receivership.

The 9th U.S. Circuit Court of Appeals issued its order late Friday, blocking a transfer that had been scheduled for Monday, Oct. 19. The court said the takeover could cause irreparable harm to the state if Arizona ultimately prevails, and that the appeal raises questions about the authority of federal courts over state prisons. The receiver can continue operational planning, but cannot yet assume management.

The stay delays a remedy ordered in the long-running case Jensen v. Thornell. U.S. District Judge Roslyn Silver appointed Annette Chambers-Smith, a former director of Ohio’s prison system, as receiver on July 17. Her annual salary is $500,000; Arizona taxpayers are responsible for the receivership’s costs, including staffing and office expenses.

The American Civil Liberties Union filed the lawsuit in 2012 on behalf of prisoners. Silver ordered the takeover after finding that, despite years of litigation and court-ordered changes, the state had not corrected systemic health care deficiencies and prisoners remained at risk of serious harm and suffering.

State attorneys argued that the receivership was an excessive step that Silver imposed without first trying intermediate remedies, and that the corrections department had not been given enough time to make further progress. The Arizona Department of Corrections, Rehabilitation and Reentry said it remains committed to improving health care in its prisons.

Corene Kendrick, an ACLU attorney representing prisoners, said the organization would keep pressing over what it considers a continuing crisis. She said prisoners should not suffer or die needlessly because of the state’s failures.

The appeals court’s order postpones the management change but does not resolve the state’s challenge or the underlying findings about prison health care. The dispute leaves responsibility for care with the state as the appeal proceeds.

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