Donald Owens v Client

Area of Law:
Civil Rights 42 U.S.C. §1983

Sixth Circuit Court of Appeals

Affirmed dismissal of case by lower court

The inmate alleged that Defendants violated his Eighth Amendment right to adequate medical care by failing to treat his Hepatitis C virus with Imferon and Ribavirin. Although the inmate adequately alleged that he suffered from an objectively serious medical condition, Hepatitis C virus, the affidavits and medical records established that Defendants were not deliberately indifferent to that condition. A patient’s disagreement with his physicians over the proper medical treatment alleged no more than a medical malpractice claim, which was a tort actionable in state court, but was not cognizable as a federal constitutional claim. The inmate submitted no evidence that contradicted or otherwise called into question Defendants’ medical assessment or treatment decisions. Because the inmate produced no evidence that Defendants acted with the culpable state of mind necessary to impose liability, the inmate’s claim failed.

Ronald Chapman

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