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Ninth Circuit pauses planned takeover of Arizona prison health care

A federal appeals court has halted the start of a court-ordered transfer of Arizona prison health care management while the state challenges the receivership. The outside receiver may begin planning, but the state’s system remains under its current management for now.

Ninth Circuit pauses planned takeover of Arizona prison health care

A federal appeals court has paused a court-ordered takeover of health care operations in Arizona’s prisons, stopping a planned transfer of management while state officials appeal the decision.

The 9th U.S. Circuit Court of Appeals issued the order late Friday, just before the takeover was set to begin Monday. The court said proceeding could cause irreparable harm to the state if it ultimately wins its appeal, and that the case raises questions about a federal judge’s authority over state prisons.

The order does not prevent the court-appointed receiver — an outside corrections professional tasked with running prison health care — from beginning operational planning. But the system’s management will not transfer as scheduled.

The dispute follows more than 14 years of litigation and complaints about inadequate prison medical care. Earlier this year, U.S. District Judge Roslyn Silver ordered a receivership, finding that Arizona had not met court-ordered requirements or its constitutional obligations. Silver concluded that systemic problems continued to expose incarcerated people to serious harm and suffering.

State attorneys argued that the takeover was too drastic and that Silver should have tried less sweeping steps to accelerate compliance. They also said the corrections department had not been given enough time to make further progress.

Corene Kendrick, an American Civil Liberties Union attorney representing prisoners, said the legal fight should not distract from conditions inside the facilities. “While the state continues to pull every lever to delay accountability, we remain focused on the underlying crisis and will continue fighting to ensure that people in prison are not needlessly suffering and dying because of the state’s failures,” she said.

The Arizona Department of Corrections, Rehabilitation and Reentry said it remains committed to improving health care in the prisons. The appeals court’s pause leaves the takeover on hold as the state’s challenge proceeds, while the underlying concerns about prisoner care remain unresolved.

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