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Qualified Immunity Granted to Doctor Who Failed to Order Interferon Treatments for HCV+ Prisoner
Loaded on May 15, 2005
published in Prison Legal News
May, 2005, page 48
The Eight Circuit Court of Appeals has held that a doctor was not deliberately indifferent to a prisoner's medical condition by failing to order interferon treatments for his Hepatitis C virus (HCV). While imprisoned within the South Dakota corrections system, prisoner Jerry Bender tested positive for HCV. After his release …
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More from this issue:
- PHS Medical Care at Rikers Fails in Evaluation, by Paul von Zielbauer
- From the Editor, by Paul Wright
- Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans, by Hank Balson
- Over 96% of CCA Donations Go to GOP
- New York Appeals Court Upholds Former Senator’s Return To Rikers
- ", by Michael Rigby
- Ohio Death Row Moving to Supermax, by Bob Williams
- New York City Settles False Imprisonment Suit For $1.25 Million
- Texas: "Prison-Rape Capital Of The Country", by Michael Rigby
- Michigan's Restrictive Placement Of HIV+ Prisoners Enjoined; $2 Million Damages Awarded
- $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set
- Texas Prisoner Kills Prison Employee and Himself
- Concentration Of Paroled Illinois Sex Offenders Stirs Controversy, by Michael Rigby
- Florida Jury Awards $3,000,000 for Medical Negligence Causing Prisoner's Death
- Michigan Prisoner Awarded $376,525 For Back Injury Sustained In Crash
- Vermont DOC Settles PLN Writer's Suicide Suit for $750,000, by David Reutter
- Vermont DOC Settles PLN Writer's Suicide Suit for $750,000
- Qualified Immunity Granted to Doctor Who Failed to Order Interferon Treatments for HCV+ Prisoner
- Texas: Prison-Rape Capital Of The Country, by Michael Rigby
- American Gulag: Inside U.S. Immigration Prisons, By Mark Dow University Of California Press, 413 pages, $27.50, by Ashley Makar
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More from these topics:
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- $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.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.

