Filed Date: Oct. 7, 2015
Closed Date: May 6, 2016
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On October 7th, 2015, an inmate with Hepatitis C filed a civil rights action against the New York State Department of Corrections and Community Supervision (DOCCS). The lawsuit was filed pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Northern District of New York.
The complaint asserted defendants' deliberate indifference to plaintiff’s serious medical needs violated his 8th and 14th Amendment rights. The plaintiff alleged that the defendants failed to provide appropriate care and treatment for plaintiff’s Hepatitis C. This practice had continued despite multiple requests by the plaintiff for medical care and substance evidence showed the plaintiff suffered from a severely damaged liver. Specifically, the plaintiff challenged the DOCCS’ Hepatitis C Primary Care Practice Guidelines. The guidelines, which were heavily relied upon by facilities official in denying the treatment request, explicitly excluded from treatment any prisoner who is not drug or alcohol free for six months. Represented by Prisoners' Legal Services, the plaintiffs sought injunctive and declaratory relief, as well as compensatory and punitive damages.
On October 9th, the plaintiff filed an emergency motion for preliminary injunction. The next day, the court decided to reserve decision on the plaintiff's motion for a preliminary injunction and impose an expedited briefing schedule on that motion. On November 30, 2015, defendants' council confirmed that the plaintiff began his 12-week course of treatment for Hepatitis C on November 25, 2015. Thus, plaintiff requested to withdraw the motion on injunction and the court granted it.
On April 29, 2016, the parties informed the court a settlement had been reached. On May 6, 2016, Chief Judge Suddaby approved the stipulation and ordered that the case be dismissed. In the settlement, DOCCS agreed to pay the sum of $ 19,144.82 to plaintiff and plaintiff's counsel in settlement of all claims. In addition, the current DOCCS HCV Policy will be to amended to strike 6-month-free drug requirement as a per se exclusion for any care or treatment. Evidence of substance abuse will be considered as one factor among all others in evaluating each individual's need and suitability for care and treatment.
Summary Authors
Sihang Zhang (10/2/2016)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13241308/parties/corris-v-koenigsmann/
Suddaby, Glenn T. (New York)
Hull, Alissa R. (New York)
Boivin, Bruce J (New York)
See docket on RECAP: https://www.courtlistener.com/docket/13241308/corris-v-koenigsmann/
Last updated April 21, 2025, 11:02 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Hepatitis C Treatment in Jails and Prisons
Key Dates
Filing Date: Oct. 7, 2015
Closing Date: May 6, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A prison inmate sufferering with Hepatitis C
Plaintiff Type(s):
Attorney Organizations:
Prisoners' Legal Services of New York (PLSNY)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: 19,144.82
Order Duration: 2015 - 2016
Issues
General/Misc.:
Medical/Mental Health Care: