Appeals Court Halts Arizona Prison Healthcare Takeover

A federal appeals court has put on hold a court-ordered takeover of healthcare operations in Arizona’s prisons that was scheduled to begin Monday.

The 9th Circuit Court of Appeals issued an order late Friday blocking the start date as Arizona corrections officials appeal the takeover, also known as a receivership. The court stated that allowing the takeover to commence risked irreparable harm to the state if it ultimately wins its appeal and that the case raises questions regarding a federal judge’s authority over state prisons.

However, the court indicated that a receiver—an external corrections professional appointed to manage healthcare operations—can still begin operational planning for the takeover. The transfer of management for the healthcare system, originally set for Monday, has been postponed.

For the past 14 years, Arizona has faced persistent complaints that its prison healthcare system has been poorly managed and neglectful, leading to instances of harm and preventable deaths among prisoners. Earlier this year, U.S. District Judge Roslyn Silver mandated the takeover, concluding that the state had not adhered to court-ordered modifications or constitutional requirements after more than a decade of legal proceedings. Silver determined that prisoners continued to face severe threats of harm and suffering due to systemic deficiencies in their healthcare.

Attorneys representing the state argued that Judge Silver imposed a drastic takeover remedy without first exploring less extreme measures to expedite compliance and that the corrections department had not been granted sufficient time to achieve further progress.