Recent reports have noted increased numbers of HIV/AIDS cases in United States jails and prisons. Many attribute this increase to sexual contact, drug use (needle sharing), tattooing, and the lack of access to condoms. However, many correctional administrators take no actions to reduce these practices or to properly segregate inmates who are known carriers of HIV or AIDS. Failure of penal administrators to take corrective measures could open the door for inmate litigation. When inmates with AIDS bring suit, they charge that their Eighth Amendment rights have been violated and allege that custodians acted with "deliberate indifference." The article discusses the concept of deliberate indifference, other legal issues, court decisions, and educational and prevention strategies to minimize legal liability. When suits are brought by HIV/AIDS-infected inmates, juries will consider measures taken by penal officials when they try to determine whether those officials acted, or failed to act, with "deliberate indifference." References, cases cited