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From the Courts: Kentucky Prisons’ Hepatitis C Treatment Policies Survive Lawsuit; No Immunity for Officer Over Medical Delay  


Author:  Ken Kozlowski.


Source: Volume 21, Number 04, May/June 2020 , pp.63-65(3)




Correctional Health Care Report

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Abstract: 

Plaintiffs, inmates incarcerated with the Kentucky Department of Corrections alleged that the KDOC’s policy for determining HCV treatment procedures was constitutionally inadequate because it did not comply with guidelines developed by the American Association for the Study of Liver Disease and the Infectious Disease Society of America. In Woodcock v. Correct Care Solutions, LLC, 2020 WL 556391 (E.D.Ky. Feb. 4, 2020), the court granted the Defendants’ motion as to the claims under the Rehabilitation Act and American with Disabilities Act and the § 1983 Eighth Amendment claim and remanded the Plaintiffs’ remaining state law Negligence and Intentional Infliction of Emotional Distress claims for further consideration by the state court. In Adkins v. Morgan County, Tennessee, 2020 WL 113910 (6th Cir. Jan. 8, 2020), a federal appeals court found that a jail deputy, who delayed seeking medical care for an inmate in obvious pain and subsequently found to be seriously ill with a spinal abscess, did not have qualified immunity from the claims that he allegedly caused a delay in medical care for the inmate.

Keywords: Hepatitis C Treatment; Qualified Immunity

Affiliations:  1: Ohio Supreme Court Library.

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