About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


90 J. Crim. L. & Criminology 195 (1999-2000)
Managed Health Care in Prisons as Cruel and Unusual Punishment

handle is hein.journals/jclc90 and id is 207 raw text is: 0091-4169/99/9001-0195 THE JOURNAL OF CRIMINAl. LAW & CRIMINOLOGY Vol. 90, No. I Cop)Tnght 0 1999 by Northwestcm University School of Law Printed in U.S.A. MANAGED HEALTH CARE IN PRISONS AS CRUEL AND UNUSUAL PUNISHMENT IRA P. ROBBINS* I. INTRODUCTION Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders.! He was often put on sui- cide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison.3 After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit.4 The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic drugs as possible in order to keep costs down.5 Six days later, Billy Roberts hanged himself.6 This is not an isolated case. In an effort to cut costs or to provide constitutionally adequate health care to inmates, an in- creasing number of prisons have been using managed care sys- * Barnard T. Welsh Scholar and Professor of Law and Justice, American Univer- sity, Washington College of Law. A.B. 1970, University of Pennsylvania; J.D. 1973, Harvard University. Author, HABEAS CORPUS CHECKISTS (West Group, 2000); Editor, PRIsONERS AND THE LAW (four vols., West Group, 1999). I am grateful to Catherine Ng, Benjamin Olson, Adrianne Turner, Sara Young, and Susan Zentay for their excel- lent research assistance, and to the American University Law School Research Fund for providing financial support. ' See McDuffie v. Hopper, 982 F. Supp. 817, 821 (M.D. Ala. 1997). 2 See id. 'See id. at 820-21. 'See id. at 821. See id. 6 See id.