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AIDS in the Prison (From AIDS Law: Implications for the Individual and Society, P 85-90, 1988, by Irving J Sloan -- See NCJ-114429)

NCJ Number
114430
Author(s)
I J Sloan
Date Published
1988
Length
6 pages
Annotation
A number of courts have held that segregation of inmates is proper if it is necessary to protect inmates with AIDS and other inmates.
Abstract
In one case, the court denied cruel and unusual punishment and equal protection claims because the plaintiffs had not shown that they were denied adequate food, clothing, or shelter or that there was dissimilar treatment of similarly situated groups. In a New York case involving an inmate with AIDS, the court held that conjugal visits were not mandated by the equal protection clause as AIDS victims are not similarly situated to other inmates. In another suit, inmates sought a halt to an AIDS program until all inmates had been screened for the disease. The court held that prison policies and procedures offered adequate protection. Central to many cases is the adequacy of medical care offered to inmates with AIDS. New York has established regulations that should eliminate several areas of medical discrimination against AIDS patients. An Illinois court held that prison administrators were not liable for damages to an inmate who was denied an 'AIDS examination.' While no cases have been reported regarding facility liability for failure to protect against contracting AIDS, prison administrators are preparing for such lawsuits.