Jump to content
This site uses cookies. Continued use is acceptance of our Terms of Use and Privacy Policy. More Info... ×
  • Welcome to Celiac.com!

    You have found your celiac tribe! Join us and ask questions in our forum, share your story, and connect with others.




  • Celiac.com Sponsor (A1):



    Celiac.com Sponsor (A1-M):


  • Get Celiac.com Updates:
    Support Our Content
    eNewsletter
    Donate
  • Scott Adams
    Scott Adams

    Ensuring Medical Rights: A Recent Court Ruling in Phoenix v Amonette Sheds Light on Prisoners' Access to Gluten-Free Diets

    Reviewed and edited by a celiac disease expert.

    The prison doctor discontinued the diet order, citing reports that Phoenix had consumed gluten-containing food from the commissary.

    Ensuring Medical Rights: A Recent Court Ruling in Phoenix v Amonette Sheds Light on Prisoners' Access to Gluten-Free Diets - san quentin I by telmo32 is licensed under CC BY-ND 2.0.
    Caption:
    san quentin I by telmo32 is licensed under CC BY-ND 2.0.

    Celiac.com 04/13/2024 - In recent legal proceedings, a Biden-appointed judge made a significant decision that could impact the way prisoners receive medical care, particularly concerning dietary needs. The case in question, Phoenix v Amonette, shed light on the challenges faced by prisoners with specific medical conditions, such as celiac disease. Judge Toby Heytens, nominated to the Fourth Circuit court of appeals, rendered a decision that overturned a lower court ruling, providing prisoners with an opportunity to prove their claims of constitutional and statutory rights violations.

    The Phoenix case centers around Daniel Phoenix, a Virginia prisoner suffering from celiac disease, an autoimmune disorder triggered by gluten consumption that can lead to severe digestive issues and other health complications. Despite being diagnosed with celiac disease and receiving medical advice to adhere to a gluten-free diet, Phoenix's condition worsened while in prison. He experienced sharp abdominal pain and even vomited blood, necessitating hospitalization. Following hospital discharge, Phoenix was instructed to follow a strict gluten-free diet.

    Prison Doctor Discontinued Phoenix's Gluten-Free Diet

    Celiac.com Sponsor (A12):
    However, complications arose when the prison doctor discontinued the diet order, citing reports that Phoenix had consumed gluten-containing food from the commissary. This decision persisted despite further medical tests confirming Phoenix's celiac disease diagnosis. Feeling neglected and facing deteriorating health, Phoenix resorted to legal action, accusing the prison and the doctor of disregarding his serious medical needs in violation of constitutional rights.

    Initially, the lower court ruled against Phoenix, citing missed deadlines and the absence of expert testimony. However, Judge Heytens' recent decision overturned this ruling, emphasizing the need to consider disputed factual issues and the doctor's potential indifference to Phoenix's medical condition. Importantly, Heytens highlighted that expert testimony might not be necessary to contest summary judgment, opening the door for Phoenix to present his case without additional expert witness reports.

    Lack of Gluten-Free Diets in Prisons is a Worldwide Issue

    While the legal battle in Phoenix v Amonette unfolds, it raises broader questions about medical care access for prisoners worldwide, especially those with specific dietary requirements like gluten-free diets. The lack of availability or acknowledgment of such specialized diets in prison settings can lead to severe health consequences for affected individuals. This issue is not unique to the United States but extends to prisons globally, highlighting the need for comprehensive policies and practices that prioritize prisoners' medical rights and accommodations.

    As discussions around prisoner rights and medical care continue, it's crucial to address the challenges faced by individuals like Daniel Phoenix and advocate for systems that ensure equitable access to necessary medical treatments, including specialized diets like gluten-free options. By recognizing and addressing these issues, we can work towards a more just and inclusive approach to healthcare within carceral environments.

    Read more at: pfaw.org



    User Feedback

    Recommended Comments

    Helen Vajk

    Celiacs should also have the right to complete labeling of gluten presence in medications, and all essential medications should be manufactured gluten free.   

    Link to comment
    Share on other sites
    Winona

    I really really appreciate this article. Thank you for taking everyone’s health seriously (both inside and outside the system). It should go without saying, but too often it doesn’t.

    Link to comment
    Share on other sites
    JacquiR

    I had similar-ish experience in 2019 in Albany, NY. Part of plea agreement was that my attorney and I were ensured that the jail could provide gluten free meals. First meal white toast and corn flakes - No gluten-free bread nor cereal. I did not feel well and finally went to medi-cal and I was accused of trying to “work” the system. WTH?? I was told the system would work with my needs but they had not since day one. At least one meal a day was served with gluten. I lived on applesauce and rice once a day for 3 weeks!! I have the neurological symptoms of celiac which have permanently impaired me and since my stay in Albany my labs have all been positive. I am so angry with system I had to unfortunately experience plus when diagnosed my GI told me to see a Dietitian. I called for appointment and was told Medicare does not cover it. They said if I was diabetic they would cover appt. I asked dietitian if she had any info on gluten-free diet and she said not at all but she would be happy to look on line and print it for me. I already knew more than most at this point.So my vent is that Celiacs should have same rights as a diabetic. They are both life altering diseases related in diet and genetics for the most part. Why should we not be covered under insurance of all kinds whether in jail or just newly diagnosed?

     

     

     

    Link to comment
    Share on other sites
    Scott Adams

    @JacquiR You may know more about this than most, as we're no experts here on how to be gluten-free withing the correctional system, which must vary greatly from state to state, county to county, and even city to city. This article is just a summary of a news report where another prisoner had your issue. 

    Link to comment
    Share on other sites


    Create an account or sign in to comment

    You need to be a member in order to leave a comment

    Create an account

    Sign up for a new account in our community. It's easy!

    Register a new account

    Sign in

    Already have an account? Sign in here.

    Sign In Now

  • Get Celiac.com Updates:
    Support Celiac.com:
    Donate
  • About Me

    Scott Adams

    Scott Adams was diagnosed with celiac disease in 1994, and, due to the nearly total lack of information available at that time, was forced to become an expert on the disease in order to recover. In 1995 he launched the site that later became Celiac.com to help as many people as possible with celiac disease get diagnosed so they can begin to live happy, healthy gluten-free lives.  He is co-author of the book Cereal Killers, and founder and publisher of the (formerly paper) newsletter Journal of Gluten Sensitivity. In 1998 he founded The Gluten-Free Mall which he sold in 2014. Celiac.com does not sell any products, and is 100% advertiser supported.


  • Celiac.com Sponsor (A17):
    Celiac.com Sponsor (A17):





    Celiac.com Sponsors (A17-M):




  • Related Articles

    Jefferson Adams
    Irish Prisoners Set to Protest for Gluten-free Bread and Better Food
    Celiac.com 09/28/2015 - The Irish Daily Star is reporting that more than two dozen inmates at the country's top security Portlaoise Prison are set to protest prison authorities' refusal to give them gluten-free bread and better food.
    The inmates, including RIRA boss Michael McKevitt, say prison officials have broken an agreement to supply gluten-free bread as part of the prison diet.
    The availability of gluten-free bread seems to be an issue in what sounds like a larger complaint about the quality of food at the prison. Prisoners can purchase better food at the prison shop, at what prisoners claim are astronomical prices.
    According to the Daily Star, prisoners have begun stockpiling rubbish in preparation for a "dirty protest" in a bid to get the authorities to change their mind...


    Jefferson Adams
    Russian Artist with Celiac Disease is Facing Prison for Ukraine War Protest
    Celiac.com 05/16/2022 - A Russian artist with celiac disease is facing up to ten years in prison for “sharing misinformation about the special military operation in Ukraine.”
    Artist and a political activist Sasha Skochilenko was arrested and jailed this month for swapping price tags with anti-war stickers in a St. Petersburg supermarket.
    In an act of solidarity, aimed at raising awareness of Skochilchenko's plight, Russian artist Ksenia Sorokina, who won the prestigious theater award Zolotaya Maska (Golden Mask) for best costume design, donated her prize to Skochilenko. 
    Because Skochilenko has celiac disease, eating the food she is served in the temporary detainment center could be dangerous.
    Sorokina’s friend and fellow Zolotaya Maska laureate, theater direct...


    Jefferson Adams
    Celiac Russian Artist Jailed for Protesting War Details Abuse in Prison Letters
    Celiac.com 07/13/2022 - A Russian artist jailed in April for replacing price tags in supermarkets with anti-war messages has provided details of abusive conditions within a Russian prison in letters to her girlfriend.
    Since the start of its invasion of Ukraine on February 24, Russia has attempted to crack down on anti-war protests, partly by passing a law that criminalizes the distribution of "fake news" about the Russian military or the war. Russian opposition to the war has mounted since February, and in March, Russia arrested over 13,000 protestors over the course of several weeks as anti-war rallies were held in 65 cities.
    The Russian artist, Alexandra Skochilenko, who also goes by the name Sasha, was arrested under that law, on April 11, for replacing supermarket price...


    Scott Adams
    New Mexico Settles Lawsuit for $200K in Wrongful Death of Prisoner with Celiac Disease
    Celiac.com 04/24/2023 - In 2016 New Mexico prison inmate Jennifer Harris Hopkins died while in state custody at the New Mexico Women’s Correctional Facility in Grants, New Mexico, allegedly after being denied proper medical care for her celiac disease condition, an autoimmune disorder that requires a lifelong gluten-free diet. Staff at the prison allegedly ignored or disregarded her pleas for help, where Ms. Hopkins was serving a four-year prison sentence for motor vehicle theft.
    Wrongful Death Lawsuit - "A Number of Concerning Symptoms"
    According to a wrongful death lawsuit filed by her estate, Ms. Hopkins exhibited "a number of concerning symptoms" shortly after being taken into custody, and was even taken to Cibola General Hospital for emergency medical treatment, but w...


  • Recent Activity

    1. - StaciField replied to StaciField's topic in Related Issues & Disorders
      8

      My bone structure is disintegrating and I’m having to have my teeth removed

    2. - Wheatwacked replied to More2Learn's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      2

      Celiac Maybe a Possibility?

    3. - Scott Adams replied to Vozzyv's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      5

      Weird Symptoms

    4. - Jeff Platt replied to Vozzyv's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      5

      Weird Symptoms

    5. - cristiana replied to Vozzyv's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      5

      Weird Symptoms


  • Celiac.com Sponsor (A19):



  • Member Statistics

    • Total Members
      126,112
    • Most Online (within 30 mins)
      7,748

    cam4180
    Newest Member
    cam4180
    Joined

  • Celiac.com Sponsor (A20):


  • Forum Statistics

    • Total Topics
      120.9k
    • Total Posts
      69.2k

  • Celiac.com Sponsor (A22):





  • Celiac.com Sponsor (A21):



  • Popular Now

    • Vozzyv
      5
    • Kathleen JJ
    • Captain173
      10
    • jjiillee
      7
    • Kristina12
      7
  • Popular Articles

    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
  • Upcoming Events

×
×
  • Create New...