AIDS and the Law, Fourth Edition
Chapter 14: Prisons and Jails
§ 14.01 Introduction
[A] HIV/AIDS Epidemiology in U.S. Prisons
[B] Chapter Overview
§ 14.02 Prison Litigation Reform Act
[A] Legislative Background
[B] Exhaustion of Administrative Remedies
[C] Claims for Mental or Emotional Injury
[D] Restrictions on Injunctive Relief
[E] Requirements for Individual Prisoner Litigants
[F] Limitations on Attorney's Fees
[G] Selection, Appointment, and Role of Special Masters
[H] Avoiding the Prison Litigation Reform Act
[1] Plaintiffs Exempt from the PLRA
[2] State Law Tort Claims
[3] Disability Discrimination Claims
§ 14.03 HIV Testing in Prison
[A] Voluntary Testing
[B] Routine Testing
[C] Mandatory Testing
[1] Federal Prison HIV Testing Policy
[2] State Prison Policies on Testing
[D] Problems in Prison HIV Testing
§ 14.04 Challenging Segregation and Other Forms of Discrimination
[A] Constitutional Challenges to Segregation
[1] Legitimate Penological Interest Standard
[2] Eighth Amendment Deliberate Indifference Standard
[a] Segregation as Deliberate Indifference
[b] Failure to Segregate HIV-Infected Prisoners as Deliberate Indifference
[B] Discriminatory Exclusion from Programs and Services
[1] Challenges under Disability Discrimination Statutes
[2] Equal Protection Challenges to Discriminatory Exclusion
[3] Constitutional Challenges to Disciplinary Sanctions
§ 14.05 Liability for Failing to Protect from Harm
[A] Duty to Prevent Assault
[B] Prison Rape Elimination Act of 2003
[C] Workplace or Environmental Hazards
[D] Liability for Excessive Use of Force
§ 14.06 Prisoners' Right to Privacy Regarding HIV Status
[A] Privacy Rights as Limited by Penological Interests
[B] Qualified Immunity Defense
[C] Preventing Disclosure in Litigation
[D] State Law Confidentiality Standards
[E] Prison Confidentiality Policies and Practices
§ 14.07 Accessing Health Care for Prisoners with HIV/AIDS
[A] Constitutional Challenges to Inadequate Health Care
[1] Eighth Amendment Deliberate Indifference Standard
[2] Proving Deliberate Indifference
[3] Access to HIV Testing
[B] Access to Clinical Trials
[1] Federal Standards on Prison Research
[2] Federal Bureau of Prisons Policy
[3] State Regulation of Clinical Trials
[4] Constitutional Standards for Access to and Conduct of Clinical Trials
[C] Access to HIV Prevention Services
[1] Education and Counseling Services
[2] Access to Condoms
[D] Care of Prisoners with End-Stage AIDS
[E] Hepatitis C Virus
§ 14.08 Early Release Programs
[A] Overview of Legislation
[B] New York
