McKenna v. Wright.

U.S. Appeals Court

FAILURE TO PROVIDE CARE

McKenna v. Wright, 386 F.3d 432 (2nd Cir. 2004). A state prisoner infected with the Hepatitis C virus (HVC) brought a [section] 1983 action against prison officials, alleging they failed to provide him with medical treatment for his condition. The district court denied the officials' motion to dismiss and they appealed. The appeals court affirmed. The court held that the officials had sufficient personal involvement in the denial of medical treatment to justify liability under [section] 1983 because they had responsibility for enforcing or allowing the continuation of policies that resulted in the denial of treatment, and because they had rejected the prisoner's administrative grievance. A doctor refused treatment for HCV because of a state corrections department guideline that prohibited treatment for those who would not remain incarcerated for at least twelve months after treatment began. Although the prisoner had four more years to serve, he had a parole board appearance scheduled for less than one year, which might have resulted in his release from custody. After he was denied parole he again requested treatment, bur was denied because he was not enrolled in an alcohol and substance abuse treatment program. He was previously deemed ineligible for the program because of his medical condition. (Woodbourne Correctional Facility, New York)