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Author:  Margaret R.  Moreland, J.D., M.S.L.S..

Source: Volume 07, Number 03, March/April 2006 , pp.37-39(3)

Correctional Health Care Report

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Salvatore Chimenti, a prison inmate with hepatitis C, filed an Eighth Amendment claim against an administrator of the Pennsylvania DOC, alleging that the failure to ensure the speedy approval of a protocol for Rebetron when there was knowledge that prisoners were infected with the hepatitis C virus amounted to deliberate indifference to a serious medical need. Allen Gibson, David Hall, and Michael Langley were all state inmates in South Dakota who alleged that the defendants— state correctional officials and outside medical personnel—had violated their rights under the U.S. Constitution by being deliberately indifferent to their medical needs and by providing medical facilities that were inadequate. All of the plaintiffs suffered from diabetes, and when they developed infections as a result of the disease, all had to have parts of their feet amputated. The complaints filed by Harold Lee, a Pennsylvania state inmate, against medical and administrative personnel based on allegations of lack of/improper treatment as well as deliberate indifference, were dismissed by the U.S. District Court for the Middle District of Pennsylvania— some for being time-barred and the others as frivolous. Lee was diagnosed with both hepatitis C and tuberculosis in 1997. Prewitt v. Roos, 2005 U.S. App. LEXIS 28557 (9th Cir. December 22, 2005), involved the failure to comply with a physician’s orders regarding the medication, post-surgical treatment, and physical therapy for his patient. Rex Allen Prewitt was a pre-trial detainee recovering from surgery.

Keywords: Betts v. Gilbert, herniated disc, Dalhart Unit, Hormone Treatment, transsexuals, Praylor v. Texas Department of Criminal Justice

Affiliations:  1: Pace University School of Law Library.

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