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Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim
Loaded on Jan. 15, 2004
by John E Dannenberg
published in Prison Legal News
January, 2004, page 20
Retributive Denial Of Hepatitis-C Treatment
Filed under:
Hepatitis,
Sanctions (Disciplinary Hearings),
Drug Testing,
Civil Procedure,
Parties,
Qualified Immunity,
Supervisory Liability.
Location:
New York.
States Eighth Amendment Claim
by John E. Dannenberg
A U.S. district court in New York has
held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied as punishment for a dirty urine test, deliberate indifference to his serious medical …
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More from this issue:
- Prison Labor Fuels American War Machine, by Ian Urbina
- Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal
- From the Editor, by Paul Wright
- James Quigley November 9, 1950-October 7, 2003, by Paul Wright
- CCA Packs Positions With High-Profile Politicians, by Michael Rigby
- Two of Three Hawaii, Parole Board Members Resign, Shutting Board Down
- Invisible Punishment: The Collateral Consequences of Mass Imprisonment, by Silja JA Talvi
- $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner
- Death at North Carolina Lock Up Spotlights Troubled Jail System, by Michael Rigby
- Santa Fe Guards Rape Prisoners, Neglect Kills Another, by Gary Hunter
- Massachusetts Jail Guards Assault Mentally Disabled Prisoner, by Michael Rigby
- New Iowa Law Creates Sex Offender Residency Zones
- No Presumption of Collateral Consequences from California Disciplinary Proceeding, by John E Dannenberg
- Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court
- Private Transport Company Settles Female Prisoner's Sexual Assault Suit
- Kickbacks Dominate Fresno Jail Contracts, by Gary Hunter
- Frivolous Litigator Must Prepay Appellate Filing Fees
- California Habeas Handbook, 4th Edition, by John E Dannenberg
- $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit, by Lonnie Burton
- Pool Cue Not a Weapon, Says Second Circuit
- Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim, by John E Dannenberg
- Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners
- New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax, by John E Dannenberg
- Maryland Detainee Chained to Pole Awarded Damages, but No Fees
- Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest
- First Circuit Applies Mailbox Rule to § 1983 Complaints
- Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps
- Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim
- Bond Fees State Eighth Amendment Claim
- Successive Petition Habeas Rule in Parole and Disciplinary Cases
- Use of Pepper Spray States Eighth Amendment Claim
- Oregon Prisoner Stated Negligence Claim Concerning Lost Property
- Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus
- Immunity Granted to Wisconsin Sex Offenders in Treatment
- Alabama Highway Labor Kills Three Prisoners, Three More Injured
- County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer
- Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated
- Wisconsin Prisoners' Riot Charges Expunged From Records
- $124,000 Awarded in New York Prison Bus Crash
- U.S. Parole Law Amendment Ruled Ex Post Facto as Applied, by John E Dannenberg
- Qualified Immunity Standards Tightened in Prison Murder Suit, by John E Dannenberg
- No Constitutional Right to Privacy for Naked Woman Arrestee
- Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit
- News in Brief
- Evidentiary Hearing Required to Determine Communion Service Frequency
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.