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Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable
by John E. Dannenberg
The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) disease because he had tested positive for marijuana within the preceding two years.
Great …
The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) disease because he had tested positive for marijuana within the preceding two years.
Great …
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More from this issue:
- Torture in Maine Prison, by Lance Tapley
- From the Editor, by Paul Wright
- Maquiladoras Expanding in Mexico; Global System of Prison Factories Envisioned, by Michael Rigby
- North Carolina Prison Audit Finds Industry Excesses,Overpaid Guards, More, by Michael Rigby
- Rampant Sexual Favoritism By California Prison Warden Is Actionable Under Hostile Work Environment T
- Illinois DOC Seeks to Block Ex-Wardens Benefits, by Matthew Clarke
- The Decline and Fall of the Prison Press, by Leah Caldwell
- Audit of Californias Failed Intermediate-Parole-Sanctions Program Blames Lack of Benchmarks And D
- California Auditor: Prison Industries Loses Money and Fails to Demonstrate Rehabilitative Success, by Marvin Mentor
- Nevadas Son of Sam Statute of Violates First Amendment, by Mark Wilson
- California Legislature Reorganizes DOC To Add Rehabilitation, by Marvin Mentor
- Aramark to Pay $65,000 for Overbilling Pennsylvania Prison
- $40,000 Default Judgment Reversed for Determination of Service of Process Validity
- Unpaid Prisoners Clean Up Rita Ravaged Southeast Texas
- $20,500 New Hampshire Jail Award Upheld for False Disciplinary Charges
- Estate of Pennsylvania Prisoner Killed By Wexford Health Sources Settles Suit for $2.15 Million, by Michael Rigby
- Michigan Youth Prison Closed But Problems Continue, by Michael Rigby
- Love Letter Mail Scam Nets Ten Prisoners $221,000 and Fed Time
- Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation
- Michigan DOCs Visitation Ban for Substance Abuse Upheld
- California Prison Excessive Force Death Suit Settled For $850,000
- GEO Buys CSC After Settling $38.8 Million Judgment in Texas Boot Camp Death
- Washington DOC May Seize Money for LFOS; RCW 9.94A.772 Abrogates Angula
- GAO: Private Contractors Perform Poorly At Overseas Military Prisons, by Matthew T. Clarke
- Denial of Medication/Prescribed Treatment States Eighth Amendment Claim
- Georgia Jail and Its Medical Provider Settle Jail Wrongful Death Suit For $500,000, by Joan G. Crumpler
- Florida Muslim's Forced Shave Challenge Remanded, by David Reutter
- Federal Court Filing Fees Increased, Cost of Justice Too High for Many Prisoners
- California Ex-Con DNA Collection Law Ruled Not Retroactive, by John E Dannenberg
- PHS Parent Company Fires Executives For Cause In Billing Scandal
- Hawaii Guard Given Probation for Prisoners Death, by Gary Hunter
- Failure to Procure Medical Treatment Suit Proceeds Against Puerto Rican Guard
- Dismissal of the Publisher/Approved Vendor Only Challenge Reversed
- California Ban On Sexually Explicit Materials Upheld
- Washington DOC Pays Again for Flaunting Open Records Law
- Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable, by John E Dannenberg
- PLRA Does Not Apply to Released Prisoner
- § 1997e(e) Governs First Amendment Claims in Fifth Circuit
- Qualified Immunity Denied in Illinois Jail Rape Case
- Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor
- Washington Community Placement Condition Barring Pornography Unconstitutionally Vague
- SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls
- News in Brief:
- PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police
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:
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Prisoners in Oklahoma Can Now Buy Vapes, Pouches from Commissary, April 1, 2026. Medical, Statistics/Trends, Commissary, Prison Regulations.
- Wisconsin’s Incarcerated Population Has More Access to Opioid Treatment, But Still Missing in Eight County Jails, April 1, 2026. Medication, Drug/Alcohol Withdrawal, Drug Treatment/Rehab, Health care.
- Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, April 1, 2026. Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing.
- Texas State Jails Fail: Institutions Conceived as Safe Spots for Rehabilitation After Minor Drug Convictions Now Flooded With Drugs and Major Felons, March 1, 2026. Drug Overdose, Staffing, Rehabilitation/Recidivism, Good Time, Drug Treatment/Rehab.

