TB Patient Appeals for Release: Judge Richard Boylston Put Other Action on Hold Until the Appeal Court Rules

In Florida, Lake County Judge Richard Boylston recently turned down a request by the State Department of Health to have prisoner Melvin Sherrod, who has multidrug-resistant tuberculosis (TB), kept incarcerated indefinitely in order to undergo treatment for the contagious disease. During his incarceration, Sherrod willingly complied with treatments, but violated three previous court orders to stay in the state hospital while continuing treatments so health officials fear he is a risk to society if released now without undergoing full treatment. Boylston found that Sherrod was not a criminal defendant and therefore there was no supporting evidence to indicate the need for continued incarceration at the Lake County Jail. The judge did note, however, that the patient should be held at the jail until health officials determine whether or not they will pursue the issue of criminal contempt. If they do not choose to do so, Boylston said Sherrod should be sent back to the state hospital to complete his treatment.

Other CDC News for February 16, 2001