Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2009, www.aspenpublishers.com

§ 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 of HIV-Positive Prisoners as Deliberate Indifference

[b] Failure to Segregate HIV-Positive 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’ Constitutional 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