Gabriel v. Corrections Corp. of America.

U.S. District Court

FAILURE TO PROVIDE CARE

AIDS

PRIVATE PROVIDER

Gabriel v. Corrections Corp. of America, 211 F.Supp.2d 132 (D.D.C. 2002). An HIV-positive inmate housed in a facility operated under a contract with the District of Columbia brought a [section] 1983 action alleging inadequate medical treatment against a private prison operator, the District, and the federal Bureau of Prisons. The district court granted the defendants' motions for summary judgment and dismissal. The district court held that the contractor could not be liable, absent a showing that the allegedly inadequate treatment resulted from the contractor's or the District's custom or policy. The prisoner had been held at a federal prison in Kansas and was transferred to the privately-operated facility near the District of Columbia. Prior to his transfer he was diagnosed as being HIV positive. When the inmate was transferred, the Bureau did not transfer his actual medical jacket and the medical history that was sent did not explicitly state that the inmate was HIV positive, although instructions to provide the inmate with AZT were included. The inmate alleged that he was not provided with any further treatment for eight years, when his condition was rediscovered. He alleged that as a result of his failure to receive treatment, he suffered a decline in his T-cell count and experienced the onset of premature dementia and depression. (Lorton Correctional Complex, Virginia, operated by Corrections Corporation of America under contract to the District of Columbia)