A federal judge last week ordered a contractor for the Colorado Department of Corrections to obtain medical care for a detainee’s diseased colon, after it spent months allegedly doing nothing in the face of the man’s extreme pain and suicide attempt.

Arthur Burnham, who is incarcerated at Centennial Correctional Facility near Cañon City, filed suit in July alleging that Correctional Health Partners and two of its nurses had violated his Eighth Amendment right to be free from cruel and unusual punishment. Burnham claimed the company has a policy of denying treatment to prisoners if their release date is imminent, as a cost-saving measure.

Burnham filed a temporary restraining order in August seeking to force Correctional Health Partners to immediately arrange for treatment of his failing colon. Although U.S. District Court Judge Charlotte N. Sweeney did not take action on Burnham’s request for two months – and only issued an order three days before his anticipated release date – she agreed that treatment was necessary right away.

“Mr. Burnham has alleged that his serious medical ailments will be fatal to him or, at a minimum, result in permanent physical impairment (i.e., removal of his diseased colon and placement of a colostomy bag), in the absence of imminent medical intervention,” Sweeney wrote in an Oct. 4 order.

Correctional Health Partners has not entered its appearance in the case, despite receiving notice of Burnham’s lawsuit. Sweeney reminded Burnham that he can prevail by default if the defendants remain absent.

Correctional Health Partners did not respond to a phone message seeking comment on Monday.

Burnham alleged that in October 2022, he began to submit requests for medical attention based on severe intestinal pain. Four months later, he received a colonoscopy in Colorado Springs, but the prison allegedly refused to provide him with the results.

Instead, a nurse told Burnham he had an inflamed intestinal tract, a hemorrhage in his colon and a potentially cancerous polyp. Burnham also learned it was Correctional Health Partners’ policy not to authorize “any expensive medical procedures” because Burnham’s anticipated release date was coming up in October 2023.

However, Burnham continued to experience extreme pain, to the point where he attempted suicide. He also developed a staph infection and worried he would die from his untreated colon disease. Burnham finally asked for a judge to intervene.

“The ‘suffering’ the defendants will experience if the court grants the order will consist of taking plaintiff to a suitable doctor and then carrying out the doctor’s orders – something that the defendants do, and are obligated to do, for members of the prison population on a daily basis,” wrote Burnham, who represented himself in court.

With no response from Correctional Health Partners, Sweeney agreed that Burnham had credibly alleged the company deliberately disregarded a serious medical need.

“The allegations set forth by Mr. Burnham indicate that he faces a high risk of serious illness or death if he is not permitted to access treatment for his medical ailments. This outweighs any harms that could befall Defendants,” she wrote.

Sweeney will hold a hearing this Friday in the case. 

According to a budget document from the corrections department earlier this year, Correctional Heath Partners is responsible for reviewing requests for outside medical evaluations, and ensuring that “all suitable internal care options have been utilized before an inmate is sent out for external care.” 

In January, a former Pitkin County sheriff’s deputy filed suit against Correctional Health Partners in state court, alleging a mentally ill detainee attacked her because the company did not properly provide him with anti-psychotic medication.

The case is Burnham v. Villani et al.