Landmark Settlement Ends Solitary Confinement for People with HIV in Missouri Prisons

Historic Settlement Reached in Missouri Over Solitary Confinement Practices for HIV-Positive Inmates

In a significant legal victory, a settlement has been reached that challenges Missouri's policy of placing individuals with HIV in extended solitary confinement. This change comes as a result of a lawsuit filed on behalf of Honesty Bishop, a transgender woman living with HIV who was incarcerated in a Missouri Department of Corrections (MODOC) facility.

The lawsuit, initiated by Lambda Legal, the MacArthur Justice Center, and the law firm Shook, Hardy & Bacon, argued that MODOC's practice of isolating inmates with HIV constituted discrimination. Sadly, Bishop passed away while the case was still in progress.

"This settlement honors Honesty's memory and ensures that others won’t have to endure what she suffered," stated Latasha Monroe, Bishop’s sister. "Her bravery in speaking out has led to lasting changes."

Bishop's ordeal began after she was attacked by her cellmate, an event classified by prison officials as a "PREA (Prison Rape Elimination Act) event," despite her suppressed viral load posing no transmission risk. As a result, she spent over six years, from 2015 to 2021, in isolation at Jefferson City Correctional Center. During this period, she was denied gender-affirming medical care, faced exposure to chemical agents, and a corrections caseworker reportedly told her she would "rot in there" due to her HIV status. Her appeals about her prolonged confinement were repeatedly dismissed, leading to severe depression and suicide attempts in 2015 and 2016.

"Honesty endured years of torturous isolation solely because of a discriminatory policy," said Shubra Ohri, senior counsel at the MacArthur Justice Center. "She was deprived of her basic human rights, and the extended solitary confinement violated her dignity."

The lawsuit claimed that MODOC's policy of solitary confinement for people with HIV breached the Eighth and Fourteenth Amendments of the U.S. Constitution, as well as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Missouri was one of a mere three states that explicitly targeted individuals for prolonged solitary confinement based on their HIV status.

Under the terms of the settlement, MODOC has agreed to remove discriminatory language from its policies, require individualized medical assessments before considering segregation based on communicable diseases, provide mandatory staff training, and compensate Bishop's estate.

Bishop was released from solitary confinement in July 2021 and granted parole the following year. Tragically, she died by suicide in 2024. Her sisters are convinced that the isolation she experienced played a significant role in her untimely death.

"While we deeply mourn Ms. Bishop's loss, this settlement ensures her fight for justice was not in vain," said Lambda Legal counsel Richard Saenz. "The policy changes and training achieved through this agreement will protect incarcerated individuals living with HIV from the kind of discriminatory treatment and prolonged isolation that no human being should endure."

This landmark settlement represents a beacon of hope and change, not only for those living with HIV within Missouri's penal system but also for broader efforts to uphold the dignity and rights of all incarcerated individuals.

The settlement marks a pivotal step towards ending discriminatory practices in the prison system, advocating for the rights and humane treatment of inmates, and ensuring that the horrors of prolonged isolation are not meted out as punishment for one's health status.

Ensuring Justice and Human Rights for All

The legacy of Honesty Bishop will continue to inspire activists and legal advocates to pursue justice and equality within correctional systems. Her story and the resulting changes highlight the critical need for ongoing vigilance and advocacy to protect the rights of marginalized groups, including those living with HIV and the broader LGBTQ+ community.

Activists and advocacy groups assert that this settlement should serve as a model for other states, urging them to examine and reform their own policies related to the treatment of HIV-positive individuals within their correctional facilities.

Bishop's courage and the efforts of those who fought alongside her underscore the profound power of advocacy and the impact of standing up against injustice, even in the face of overwhelming adversity.