By Associated Press - Thursday, May 3, 2018

PHOENIX (AP) - Calling it a “meritless distraction,” a judge in Arizona has declined to remove himself from a lawsuit against the state over the quality of health care in prisons.

U.S. Magistrate David Duncan issued the decision on Wednesday.

Arizona Corrections Director Charles Ryan had sought to disqualify him, saying Duncan was biased against prison officials in the case that could result in a civil contempt of court charge for Ryan.



Duncan has voiced frustration over what he described as the state’s “abject failure” to improve health care for inmates.

Duncan is also considering fining the state $1,000 for each instance during December and January in which the state failed to comply with the promised changes. The state has acknowledged 1,900 such instances, meaning Duncan could issue fines as high as $1.9 million.

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