A judge is currently deliberating whether to initiate a third legal action for contempt against the state of Arizona due to inadequate health care in the prison system, as part of a long-standing case that began nearly 12 years ago.

Judge Roslyn Silver stated that Arizona’s method of offering medical and psychological treatment to the approximately 25,000 individuals imprisoned in its state-operated penitentiaries is still seriously deficient, leaving prisoners in jeopardy.

During a court hearing on Friday, professionals responsible for observing prison healthcare operations, acting on behalf of Silver, mentioned that Naphcare – the private firm contracted by the state to supply these services – is facing a shortage of staff and must raise salaries for both new and current employees.

Silver had previously stated that she was anticipating initiating a third contempt case against the state on Friday due to non-compliance with a court order that mandated various improvements. However, she ultimately refrained from making a decision and is seeking input from attorneys representing both parties before proceeding.

Silver contended that there are still breaches occurring.

The judge has determined that previous penalties of $2.5 million for contempt have not effectively incentivized authorities to enhance care. Prisoner attorneys are now urging her to overturn or cancel a 2009 legislation that mandates private corporations to offer health services in state prisons.

“Our team of lawyers representing the prisoners has realized that the state law is hindering their ability to comply with the court’s order,” stated Corene Kendrick.

Silver expressed her doubts about canceling or reversing the privatization law, although she has not reached a definitive conclusion. Nonetheless, she believes the state could potentially resolve the issues by enforcing the conditions outlined in its contract with Naphcare. In response to a request for comment on Friday afternoon, Naphcare, which has requested involvement in the civil case, has not yet responded.

Naphcare has had over $10 million withheld by the state in recent months because of a lack of staff.

Director of Corrections Ryan Thornell informed Silver that he and Governor Katie Hobbs’ administration are dedicated to addressing the concerns surrounding health care, stating, “We have remained steadfast in our commitment to do so.”

In 2014, Arizona resolved the legal dispute. However, the state faced ongoing criticism for not fulfilling its obligations. The courts imposed penalties of $1.4 million in 2018 and $1.1 million in 2021 for disobeying the court orders. Due to Arizona’s failure to comply, the settlement was later invalidated and a trial was mandated.

In a severe ruling in 2022, Silver declared that the state was violating the constitutional rights of prisoners by offering them insufficient care. It was also revealed that the state had known about this issue for years but failed to take corrective measures.

Additionally, she mentioned that the inadequate prison healthcare system led to unnecessary fatalities.

One key witness at the trial was prisoner Kendall Johnson, who testified tearfully about how she sought help for what started as numbness in her feet and legs in 2017 but it wasn’t until 2020 that she was diagnosed with multiple sclerosis.

According to her testimony, she could not brush her teeth, required diapers, paid other inmates to feed her, and spent most of her time lying in bed and counting the tiles on the ceiling due to negligence from prison staff.

Johnson did not attend the court session on Friday, but her lawyer read a statement on her behalf. In the statement, she mentioned that she has not observed any changes in her medical treatment since testifying. Additionally, she stated that she has yet to receive care from a neurologist or MS specialist and asked if one could come see her.

According to the lawsuit, certain inmates claimed that their cancer was not diagnosed or that they were only advised to pray for a cure after requesting treatment. The state refuted these claims and asserted that they were not neglectful in providing care.

A complaint was submitted representing inmates of government-controlled prisons and does not include the 9,000 individuals in privately-owned facilities.