Nature of Claims: This case, a class action on behalf of all state prisoners with HIV, challenges the failure of the state prison system to provide adequate medical care to persons with HIV infection and AIDS, in violation of the Eighth Amendment’s cruel and unusual punishments clause.
Current Status: A settlement has been agreed upon and its approval by the court is pending. The quality of HIV care has improved very substantially during the pendency of this case, partly because of its pendency and class counsel’s participation in other forums addressing HIV care in prison. The settlement focuses on measures to ensure the maintenance of acceptable medical care for class members, such as criteria for referral to an HIV specialist and the implementation of HIVQUAL, a quality assurance program for HIV care that the prison system had used inconsistently, annually at each prison containing class members.
Persons Affected: The class includes all HIV-positive persons in the state prison system; about 6,000 at any given time.
Reported decisions: Inmates with HIV v. Cuomo, 1990 WL 73418 (May 31, 1990) (certifying class); Inmates with HIV v. Cuomo, 1991 WL 16032 (Feb. 7, 1991), reconsideration denied, 1992 WL 373516 (Nov. 30, 1992) (compelling discovery).