prisons

PHOENIX — The U.S. Supreme Court has rejected Arizona’s eleventh-hour bid to block the upcoming start of a court-ordered takeover of healthcare operations in its prisons after the state was found to have provided constitutionally inadequate care to incarcerated people and dragged its feet for over a decade in making required improvements. Justice Elena Kagan denied the state’s request Thursday, leaving an outside corrections professional set to take over healthcare management for 25,000 incarcerated people on Oct. 19.

Arizona had asked the courts to delay the takeover while it appealed that decision and the appointment of former Ohio corrections director Annette Chambers-Smith to lead the effort. The state sought the delay from the Supreme Court after lower courts rejected by the request.

Over the past 14 years, Arizona has been dogged by complaints that its prison healthcare system was run shoddily and callously and that it repeatedly failed to improve a system found to have exposed prisoners to harm and preventable deaths.

Under a 2014 settlement, the state pledged to overhaul medical and healthcare services for prisoners but was soon accused of failing to make promised improvements. That led to more than $2 million in contempt-of-court fines and the eventual revocation of the agreement by U.S. District Judge Roslyn Silver, who said corrections officials had shown little interest in making required changes.

After a 2021 trial, Silver ruled against the state, issuing an injunction that required corrections authorities to address the constitutional violations. Earlier this year, she ordered the takeover after concluding the state hadn’t gotten a semblance of compliance with court-ordered changes and the U.S. Constitution after more than a decade of litigation. Silver found that prisoners remained exposed to grave threats of harm and suffering because of systematic deficiencies in their health care.

The Arizona Department of Corrections, Rehabilitation and Re-entry did not immediately respond to a request for comment on Thursday’s decision.

In a statement, Corene Kendrick, an American Civil Liberties Union attorney who represents prisoners in the lawsuit, applauded the court’s refusal to delay the takeover, also known as a receivership. She said Arizona fought accountability at every turn while prisoners suffered. “Today’s decision clears the way for a receiver to do what the state has failed to do for more than a decade,” Kendrick said.

In seeking a delay, Arizona’s attorneys said Silver adopted a drastic takeover remedy without first trying intermediate fixes to speed compliance. They also said the judge hadn’t given the corrections department enough time to continue making progress and argued that the official appointed to run healthcare operations wouldn’t be politically accountable. They said the agency is committed to improving health care in prisons, has made significant progress since 2023 and that the prisoners won’t suffer harm if the start of the takeover were delayed by a few months.

Lawyers for prisoners said the state was minimizing its noncompliance, disputed its claim it had not been given enough time to comply after 14 years of litigation and said Silver had already tried less-intrusive remedies. They also said the state’s proposal of a months-long delay in the takeover “grievously minimizes” the harm prisoners face from the state’s inability to provide adequate care.

Complaints about health care in Arizona’s prisons have spanned both Republican and Democratic administrations.

The lawsuit was filed in 2012 during Republican Gov. Jan Brewer’s administration and continued under Republican Gov. Doug Ducey, when both contempt fines against the state were issued. Under Ryan Thornell, the corrections director in Democratic Gov. Katie Hobbs administration, the department has complained that its progress in overhauling health care operations in recent years hasn’t been acknowledged.

The lawsuit over healthcare for incarcerated people covers Arizona’s nine state-run prisons but not the nearly 10,000 Arizona inmates held in private prisons.

Billeaud writes for the Associated Press.

NHS worker Francesca Longhurst says the fine is worth it as they wouldn’t have been able to afford the holiday when schools break up

A couple who were fined £640 for taking their children out of class for a Disney World adventure say they have no regrets as the fee was still far cheaper than splashing out for a trip during the school holidays. NHS worker Francesca Longhurst, 32, and plasterer Liam Longhurst, 37, worked hard and saved for years to take their children Lily, 11, and George, six, on their dream vacation.

With steep pricing during school holidays, they say they had to pull the kids out during term time or not travel at all. Wanting to give their kids life-long memories, the hard-working pair decided on the former – and were subsequently punished. Francesca and Liam were handed fines of £160 per parent per child – leaving them with a total bill of £640 for a two-week absence.

But they say they would still do it all over again. The pair say going during term time likely saved them £9,000 minimum.

“It was a holiday we have dreamed of for years but never thought we’d be able to afford it as it’s so expensive,” said Francesca, from Sandwell, West Midlands. “We put every but of money we had spare into this trip and works extra hours and days to be able to afford it. To be able to take our kids on this once-in-a-lifetime trip was so magical.

“They thank us everyday for taking them and letting them experience it. We went in term time in June because the price is triple the cost to go during the holidays. I priced up for Easter holidays and the holiday was coming to £12,000 just for the flights and hotel – and that’s without park tickets on top.

“It’s the same for every holiday you look at even those in England at caravan parks and holiday camps.”

In the end, the family splashed out a total of £7,500, including £3,000 on flights and accommodation and £4,500 for theme park tickets.

They received their penalty notices on August – around two months after returning home. Although the couple were able to afford the £640 fine because they had budgeted for it, Francesca worries such “ridiculous” penalties could cause financial hardship for other families.

She said: “We knew we would have to pay this when we come back. The fines are ridiculous but what’s more atrocious is that if we did this again within a three-year-period we could be prosecuted and sent to prison for child neglect, when all we have done is taken our children on holiday.

“Every child deserves a holiday but not every parent can afford to go during school time. The amount is what it is – it’s a small price to pay compared to what we saved by going in the school holidays, but I’d love to know where the money goes to.

“You have real criminals out on the streets yet you are sending innocent families to prison for taking their kids out of school. The whole system is a joke.”

The parents deliberately waited until Lily had completed her SATs before travelling and believes neither child missed any essential learning. Francesca said: “While we was away, she missed out on two school trips, one to Alton Towers and the other to the Black Country museum, which we have been to many times.

“She also missed out on sports day. We were walking 20,000 plus steps a day. It was the holiday of a lifetime and we went to some of the best theme parks in the world but it was also very educational.

“We swam with dolphins, fed alligators, learned about wildlife and they tried different foods. What they learned in those two weeks I can guarantee was more than they learn in the last few weeks of the school year when everything starts to die down.

“The school was also closed or open partially due to the heatwave so we are being fined for our kids being off school when others were allowed because it was too hot. Both of my children are either excelling or exactly where they need to be in regards to education and have an excellent attendance other than when we go on holiday.”

While Francesca says she understands why attendance rules exist, she believes parents should be allowed a limited number of authorised holiday days each year. She added: “We unfortunately cannot take our children on holiday again during school time due to the risk of being prosecuted.

“I work for the NHS – this would mean me losing my job as you cannot have anything on your DBS. Myself and my husband have always worked and work hard and we don’t have fancy jobs.

“Any holidays we go on, we have to save hard for. It could really put families under financial strain. We live in a cost of living crisis, you can have a good week one week and a bad one the next.

“If you’re having a bad week or month when these fines come through with a date stating it must be paid by a certain date or you will be prosecuted, this could worry people, put them into debt and affect their mental health. I’m not saying I don’t agree with the fines completely, but I do think every child should be entitled to say 10 authorised days from school a year.

“After this then yes, send the fines out because education is important.”

A Sandwell Council spokesperson said: “We recognise that there is financial pressure on families and term-time holidays may be tempting. But attendance at school is vitally important for children to reach their potential, and to gain the skills and qualifications that will give them the best start in life and the best future.

“Like all councils across the country, we work with schools to implement Government policy on unauthorised absence.”