Prisoners' Rights issue image

Mann v. Ohio Dep't of Rehabilitation and Correction

Location: Ohio
Status: Closed
Last Update: January 2, 2024

What's at Stake

The CDC estimates that 1 in 3 people in U.S. jails and prisons have Hepatitis C virus (鈥淗CV鈥), a rate exponentially higher than the general population. Recent medical advances have made HCV a curable condition, and treatment can be completed in a matter of weeks. But jails and prisons have been far too slow to adopt the new community standard of care. The 老澳门开奖结果 is working to ensure that all incarcerated patients with HCV have access to life-saving treatment.

Jeffrey Mann, John Bragg, and Eric Pastrano are incarcerated in the Ohio Department of Rehabilitation and Corrections (鈥淥DRC鈥) and have been diagnosed with HCV. Each requested, but was denied, HCV treatment based on ODRC鈥檚 medical policies.

The three plaintiffs initially brought this action pro se, challenging the denial of HCV treatment. But the district court granted defendants鈥 motion to dismiss, reasoning that the plaintiffs were being 鈥渕onitored and treated;鈥 that defendants 鈥渉ad not ignored鈥 the plaintiffs鈥 HCV; and, that this was simply a 鈥渄ifference of opinion鈥 between plaintiffs and the ODRC physicians.

We represented the plaintiffs on their appeal to the Sixth Circuit Court of Appeals, arguing that failure to provide HCV treatment constitutes deliberate indifference to an incarcerated person鈥檚 serious medical needs and violates the Eighth Amendment.

We filed our opening brief on January 22, 2020. Two days later, ODRC informed each plaintiff that he would soon be provided with HCV treatment. Each plaintiff began treatment within a few weeks. ODRC also updated its HCV treatment policy.

The Sixth Circuit then reversed the district court鈥檚 opinion, and remanded for further proceedings.

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