Idaho Judge Reviews Jail's Medical Care after HIV-Positive Prisoner's Petition

by Joe Watson

An HIV-positive prisoner's habeas corpus petition finally forced a judge in December 2013 to review prisoner health care at the Twin Falls County, Idaho jail.

"As far as I know, no district judge has ever addressed the issue of the level of appropriate medical treatment expected under the law at the Twin Falls County Jail for inmates," County District Judge Randy Stoker said at a December 4 hearing. "And yet we are constantly in here hearing complaints about the jail in bond hearings."

Teddy Gene Escamilla, who also suffers complications from hepatitis C and liver failure, filed his petition in Stoker's court on November 27, 2013, arguing that the jail is not providing adequate medical care, thereby violating his Eighth Amendment rights against cruel and unusual punishment.

According to Escamilla's attorney, Dan Brown, the jail took more than two weeks to get Escamilla's HIV medication after his October 14 arrest for allegedly driving under the influence.

Escamilla said he was not allowed to bring his medication with him to the jail upon his arrest, and when his wife brought medicine to him two weeks later, the jail refused to accept it.

Brown argued in the petition that the Twin Falls County jail staff showed deliberate indifference to Escamilla's health, failed to respond to his known medical problems, and intentionally delayed his access to care. He also noted that – because the jail had not isolated Escamilla – other prisoners may be at risk from Escamilla's ongoing nose bleeds and bleeding from cracks in his feet.

"I fear greatly for other people in that jail," Brown said.

At the hearing on Escamilla's petition, Stoker also expressed dire concern for the jail's prisoners and used Escamilla's complaints to probe deeper into the jail's health care issues.

The jail’s head nurse, Lou Probasco, was forced to defend the facility's health care practices and explain to Stoker, among other things, why Escamilla hadn't been isolated from other prisoners.

Probasco said that, after discussing the issue at several jail medical conferences, it had been decided that HIV-positive prisoners should not be isolated unless they show symptoms. Stoker responded that he thought the jail was interpreting certain standards differently than he would.

Probasco partially blamed Escamilla for the delay in treating him, saying Escamilla was unreliable about his own medical history. He also blamed a private clinic that the jail outsources for medical care – the Wellness Center in Boise – for not seeing Escamilla until 15 days after his arrest, and for the delay in prescribing his HIV medication.

Stoker also grilled Probasco on the jail's follow-up treatment protocol and prescribing pain medication for Escamilla. Ultimately, Stoker said he could not find that the jail was being deliberately indifferent to Escamilla's medical care and, therefore, could not order the jail to release Escamilla.

"I don't find that," Stoker said. "Could [medical care] be better? Yep. Should it be better? Probably."

Stoker, however, denied a county prosecutor's request to dismiss Escamilla's petition and opted to write an opinion that is intended to give guidance to the jail's medical staff.

Judge Stoker later dismissed Escamilla’s habeas petition, stating he did not find the jail was deliberately indifferent to Escamilla’s medical needs despite the delays in receiving HIV medication.

Source: www.magicvalley.com