Case: Gilbert v. Gedney
3:15-cv-00393 | U.S. District Court for the District of Nevada
Filed Date: July 31, 2015
Closed Date: 2016
Clearinghouse coding complete
Case Summary
On July 31, 2015, an inmate at the Northern Nevada Correctional Center (NNCC) living with hepatitis C filed this lawsuit in the District Court of Nevada. Representing himself, the plaintiff sued numerous medical and administrative personnel at the prison under 42 U.S.C. § 1983 for violation of his Eighth Amendment right against cruel and unusual punishment. He claimed that the defendants demonstrated deliberate indifference to serious medical needs resulting from his hepatitis C. The plaintiff sought declaratory, injunctive, and monetary relief, including nominal, punitive, and compensatory damages.
Plaintiff's bloodwork had revealed he was suffering from irreparable liver damage and was at risk of death from liver failure. Plaintiff had repeatedly informed defendants of his condition since his incarceration in 2012, but received no treatment. Specifically, his requests for Harvoni, a treatment that would cure his hepatitis C, were denied for being "too expensive." According to the complaint, one defendant, a doctor who sits on the hepatitis committee at the prison, told plaintiff that "the courts look to us [NNCC doctors] for medical opinions. So whether you need treatment or not, if we say you don't, the Court will side with us."
In January 2016, the court stayed the case to allow opportunity for the parties to settle. An Inmate Early Mediation Conference was scheduled for May 17, 2016. Plaintiff filed a motion for an Inmate Advocate, whose role is to help the inmate to understand mediation proceedings, but was denied.
On May 6, 2016, the parties asked for a time extension, as they were confident they would soon settle the case through informal settlement negotiations and wanted to avoid waste of judicial resources as well as the plaintiff's $350 filing fee. Plaintiff had previously filed to proceed in forma pauperis, but would still be responsible for the $350 regardless of the court's ruling on his motion, which would only occur if mediation failed to resolve the case.
Ten days later the parties filed to dismiss the case with prejudice, with each party bearing their own costs. The terms of the private settlement agreement are unknown. The case is now closed.
Summary Authors
Sara Denbo (2/7/2019)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6051957/parties/gilbert-v-gedney/
Du, Miranda Mai (Nevada)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/6051957/gilbert-v-gedney/
Last updated June 20, 2026, 5:51 a.m.
Case Details
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Special Collection(s):
Hepatitis C Treatment in Jails and Prisons
Key Dates
Filing Date: July 31, 2015
Closing Date: 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A prisoner at the Northern Nevada Correctional Center (NNCC) suffering from liver damage from hepatitis C.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Northern Nevada Correctional Center
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
District of Nevada 3:15-cv-00393
District of Nevada 1:15-cv-01874
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Medical/Mental Health Care:
Case Summary of Gilbert v. Gedney, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/16966/ (last updated 2/7/2019).