Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death

On August 20, 2013, the Seventh Circuit affirmed a district court’s denial of qualified immunity in a case concerning an Illinois pretrial detainee’s death due to medical neglect. Phillip Okoro, 23, was arrested for a misdemeanor property offense in October 2008 and held at the Williamson County Jail. Although Gerstein v. Pugh, 420 U.S. 103

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Seventh Circuit Reverses Summary Judgment in Dental Care Suit

On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for a jury to find they acted with deliberate indifference to a prisoner’s serious dental needs. Richard M. Smego, a civil detainee at Illinois’ Rushville Treatment and Detention Center, filed suit

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Prisoners Unlikely to Benefit from New, Highly Effective Hepatitis C Treatment

By Greg Dober

Hepatitis C (HCV) is a blood-borne virus that is typically spread through intravenous drug use (i.e., sharing needles), tattooing with non-sterile needles, and sharing razors, toothbrushes, nail clippers or other hygiene items that may be exposed to blood. It is often a chronic disease and, if left untreated, can lead to severe liver damage.

Recent good news in the battle against HCV, in the form of two new drugs that are highly effective in eliminating the virus, is tempered by the fact that the companies that produce the drugs have priced them at $60,000 to $80,000 per 12-week course of treatment. This high cost prices the medications beyond the reach of most prison and jail systems – which is especially troubling considering that a substantial number of prisoners are infected with HCV.

The new drugs, approved by the FDA in late 2013, are simeprevir, branded as Olysio and manufactured by Janssen Therapeutics (a Johnson & Johnson company), and sofosbuvir, branded as Sovaldi and manufactured by Gilead Sciences. Based on clinical trials, Sovaldi has an 84-96% cure rate while Olysio has an 80-85% cure rate. Both drugs are used in combination with other HCV anti-viral medications, peginterferon alfa and/or ribavirin, and their cure rates vary depending on HCV genotype – specific variations of the virus.

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Transgender Prisoner’s Right to Sex Reassignment Surgery Upheld

Prison officials must provide sex reassignment surgery to a prisoner serving a sentence of life without parole if that treatment is deemed “medically necessary,” said the United States Court of Appeals for the First Circuit on January 17, 2014. Michelle Kosilek, a Massachusetts prisoner confined at the Massachusetts Correctional Institution Norfolk, sued Massachusetts Department of

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