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Thursday, November 10, 2011

Inmates With HIV Sue Ohio Over Medical Records

Inmates who have the virus that causes AIDS have sued the state for allegedly releasing their medical records to the general population at a central Ohio prison, subjecting them to ridicule and threats.

Lawsuits have been filed in the Ohio Court of Claims against the Ohio Department of Rehabilitation and Correction on behalf of at least six inmates at the Mansfield Correctional Institution and more are expected to be filed, the attorney for the inmates said Thursday.

The lawsuits alleging that the inmates' rights to privacy were violated were filed in September and October, and at least one more was expected to be filed this week, Richard Swope, an attorney in suburban Columbus, told The Associated Press.

"They have received some form of mistreatment, one way or the other from the prison population once they found out they have HIV," Swope said.

Prison officials negligently placed a record of inmates being treated for the HIV virus where it could be released to the general population, with copies made that "are continuing to be circulated," according to the lawsuits. The lawsuits allege that the HIV-positive inmates have been "subjected to hazing, harassment, ridicule, taunts and threats" and have suffered "extreme emotional distress, anxiety and fear" for their safety.

The initial responses filed by the state to the lawsuits deny the allegations and claim that the state cannot be held liable and that the inmates are not entitled to the damages they are seeking.

The lawsuits seek at least $25,000 for each inmate.

Carlo LoParo, spokesman for the Ohio Department of Rehabilitation and Correction, said Thursday that the department has not received any complaints from the inmates that they have been harassed. The department is working with the state attorney general's office to prepare for court proceedings, but LoParo said he could not comment on specific details or allegations made in the lawsuits.

Swope suspects, from documents that he has seen, that the records may have been put in the trash and been picked up by an inmate before copies were distributed to the prison population.

"We are still trying to determine how it happened," Swope said.

One inmate wrote Swope a letter saying he no longer has any friends because his HIV status was disclosed, The Columbus Dispatch reported.

The Friends of AIDS Foundation is dedicated to enhancing the quality of life for HIV positive individuals and empowering people to make healthy choices to prevent the spread of the HIV virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.

TOGETHER WE REMAIN STRONG!