Lambda Legal, AIDS Law Project of Pennsylvania, and Langer Grogan & Diver P.C. announce settlement in lawsuit brought against Delaware County and the GEO Group after incarcerated man denied participation in the prison work program and his HIV status was disclosed
Yesterday, a settlement agreement was reached in Doe v. Delaware County, et al., Lambda Legal’s lawsuit on behalf of a man formerly incarcerated in the George W. Hill Correctional Facility in Delaware County, Pennsylvania (GWHCF) from February 2020 through July 2020. The settlement provides for financial compensation for the plaintiff and a change to the facility’s policies. The plaintiff proceeded anonymously as John Doe and brought claims against Delaware County and the GEO Group in which he alleged that he was denied the opportunity to participate in a prison work program because he is living with HIV and that his confidential HIV status was disclosed.
At all times during Mr. Doe’s incarceration, GWHCF was operated by the GEO Group, a private contractor. In April 2022, GWHCF—which was the last remaining privately managed county prison in the Commonwealth of Pennsylvania—deprivatized. Since that time, Delaware County and the new warden of GWHCF, Laura Williams, have pledged their commitment to ensuring that all policies and procedures are consistent with state and federal law.
“This settlement sends a strong message of an incarcerated person’s right to confidentiality in their medical information,” said Richard Saenz, Senior Attorney and Criminal Legal System Strategist at Lambda Legal. “The Americans with Disabilities Act has been clear that people living with HIV should not be denied participation in programs and opportunities available to other incarcerated people because of their disability.”
The lawsuit claimed that denying Mr. Doe the opportunity to work in the kitchen because of his HIV status violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Mr. Doe also alleged that the disclosure of his confidential HIV-related information violated Pennsylvania’s Confidentiality of HIV-Related Information Act, which prohibits disclosing HIV-related information without the consent of the person living with HIV.
“We are grateful for the tenacity of our client John Doe. We know this type of unlawful HIV discrimination and HIV disclosure happens all too often in the corrections context and goes largely unaddressed,” said Adrian Lowe, Senior Staff Attorney at AIDS Law Project of Pennsylvania. “Discrimination against people living with HIV is illegal. What is illegal on the outside doesn’t become legal behind bars.”
“We are proud to have been part of obtaining this result for Mr. Doe, and of the changes that will protect other people in Delaware County from discrimination,” said Mary Catherine Roper, co-counsel from Langer, Grogan & Diver P.C.
Joining Lambda Legal senior attorney Richard Saenz are Ronda Goldfein and Adrian Lowe with AIDS Law Project of Pennsylvania, John Grogan and Mary Catherine Roper with Langer, Grogan & Diver, P.C., and Scott A. Schoettes, Esq.
Read more about Doe v. Delaware County, et al.