Dennis Wagner
The Arizona Republic
May. 31, 2007 12:00 AM

A federal lawsuit filed Wednesday by the American Civil Liberties Union claims that Maricopa County officials have violated the rights of a quarantined tuberculosis patient for months by treating him as a criminal.

The U.S. District Court complaint on behalf of Robert Daniels alleges that health officials and the Maricopa County Sheriff's Office have violated numerous constitutional rights and the Americans with Disabilities Act.

The suit asks that Daniels be housed in appropriate accommodations, rather than the severe and "inhumane" jail conditions.

  "It's good news for me," Daniels said Wednesday evening. "I finally have a chance to get out of this black hole."

Robert England, the county's tuberculosis control officer, declined to comment. Other county health officials were not immediately available.

Daniels, 27, has been isolated in a jail ward at Maricopa Medical Center for 10 months under court order, although he was not convicted or charged with any crime.

Linda Cosme, an attorney for Daniels, said her client has been victimized by constitutional violations.

"Robert is helpless," she said. "And he's at the mercy of Sheriff Joe Arpaio. He needs as much support as possible, and the ACLU is supplying that support."

Arpaio said Daniels must abide by security measures. "I run a safe jail, and he's going to be treated like anyone else," he said.

Daniels, who holds dual United States and Russian citizenship, moved to Arizona in January 2006 after contracting extreme multi-drug-resistant (XDR) TB.

Daniels, who spent his teen years in Scottsdale, said he returned to the U.S. in search of work and a college education. Months later, he became severely ill and was placed in a county sanitarium for indigent TB patients.

Dr. Maricela Moffitt, a county physician, has testified that Daniels willfully failed to take his medications, decreasing the likelihood that last-chance drugs would cure his deadly disease. Moreover, Moffitt said, Daniels endangered others by going out in public and entertaining visitors without wearing a mask.

Arpaio said his office is reviewing possible criminal charges against Daniels.

Daniels has insisted that he did not understand the contagiousness or gravity of his condition, in part because TB patients in Russia do not wear masks. Daniels also has said he missed taking medications a few times because he overslept, not intentionally.

In August, a Maricopa County Superior Court commissioner ordered Daniels placed under involuntary quarantine. The jail ward at Maricopa Medical Center is considered the only Valley facility equipped for such confinement.

According to court records, Daniels has spent much of his time in custody without a phone, TV, radio, shower or hot water.

Earlier this week, Daniels said he was told that his TB bacteria may be developing resistance to all antibiotics, and a portion of his lungs might require surgical removal. He said he was advised to write letters to his child in Moscow so the boy would have communication before his father's death.

Cosme described Daniels as extremely depressed and fragile due to isolation and stress. She said the ACLU will soon file motions seeking an expedited hearing and an injunction to immediately improve Daniels' treatment.

According to county documents obtained by The Arizona Republic through a public records request, Daniels' confinement spawned a dispute among medical workers about the ethics and legality of his quarantine conditions.

In a Dec. 11 e-mail, Inmate Health Services nurse Nancy Turco complained to Moffitt that the patient "really doesn't need to be in a detention unit (because) it is not the least restrictive setting appropriate," as required by state law.

Turco, who eventually quit her job and became an advocate for Daniels, followed up with a Jan. 3 e-mail complaining about detention officers.

"This patient is not arrested and has nothing to do with MCSO other than taking up a room in their ward," Turco wrote. "It is clear, Marci, that your job is to protect the public. However, depriving a person of basic rights is wrong."

Moffitt answered with a message that said: "The loss of liberty by our patients is not taken lightly by me. But you must realize that I also need to defend the citizens of Maricopa County. Unfortunately, this patient has lied repeatedly to me (and TB staff) and did ... threaten many innocent persons."


In an ACLU news release, Daniels said, "I'm slowly dying in this room. I didn't realize how serious this (TB) was, and I regret that, but nothing justifies the kind of treatment I've received in here. The solitary confinement starts to mess with your head and it has taken a serious toll on my body."

URL  http://www.azcentral.com/arizonarepublic/local/articles/0531tbguy0531.html

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