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    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

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    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



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    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.   

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    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.

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    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?

     

     

     

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    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. 

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    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.


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