Case: Iseley v. Talaber

1:04-cv-00861 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: April 21, 2004

Closed Date: March 30, 2005

Clearinghouse coding complete

Case Summary

Plaintiff, incarcerated at the State Correctional Institution at Houtzdale, Pennsylvania, filed this action pro se on April 21, 2004, in the U.S. District Court for the Middle District of Pennsylvania.  He brought claims under 42 U.S.C. Section 1983 alleging that various officials and medical personnel of the Pennsylvania Department of Corrections (the "DOC") failed to provide adequate treatment for his Hepatitis C virus (HCV), in violation of the Eighth Amendment and as unlawful retaliation fo…

Plaintiff, incarcerated at the State Correctional Institution at Houtzdale, Pennsylvania, filed this action pro se on April 21, 2004, in the U.S. District Court for the Middle District of Pennsylvania.  He brought claims under 42 U.S.C. Section 1983 alleging that various officials and medical personnel of the Pennsylvania Department of Corrections (the "DOC") failed to provide adequate treatment for his Hepatitis C virus (HCV), in violation of the Eighth Amendment and as unlawful retaliation for his having previously filed grievances and lawsuits.  He sought a preliminary injunction requiring the DOC to provide him with medication to treat his HCV.  Plaintiff sought a declaratory judgment, monetary damages, costs, and other appropriate relief, as well as preliminary and permanent injunctive relief requiring the DOC to provide medication. The case was assigned to U.S. District Judge Yvette Kane. 

On March 30, 2005, the district court granted defendants' motion to dismiss and entered judgment in favor of defendants, directing the clerk to close the case.  The court held, first, that plaintiff's claims against the majority of defendants in the lawsuit had already been decided in a prior action in the U.S. District Court for the Eastern District of Pennsylvania, and thus that plaintiff was collaterally estopped from pursuing the same claims against the same defendants in this action.  As to the only remaining defendant in the action, the court held that plaintiff failed to state a claim on which relief could be granted. Per DOC policy, in order to receive medication for his HCV, plaintiff would have to agree to psychological evaluation, which he had refused.  The court reasoned that defendants' refusal to provide HCV treatment without the psychological evaluation did not constitute an Eighth Amendment violation.  

Plaintiff appealed the dismissal.  On June 28, 2007, the U.S. Court of Appeals for the Third Circuit affirmed dismissal on collateral estoppel grounds. In addition, citing its prior ruling in a different case brought by plaintiff, raising the same claims, the appellate court explained: "[t]he DOC's requirement that prisoners undergoing interferon treatment submit to psychological evaluation and treatment is a reasonable inclusion in the HCV drug treatment protocol."  Denial of treatment in light of plaintiff's refusal to submit to such testing did not violate the Eighth Amendment.  232 Fed.Appx. 120. 

This case is now closed. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4780258/parties/iseley-v-talaber/


Judge(s)

Kane, Yvette (Pennsylvania)

Attorney for Plaintiff

Iseley, Charles (Pennsylvania)

Attorney for Defendant

Campbell, A. Tracey (Pennsylvania)

Dorian, Raymond W. (Pennsylvania)

Foreman, Samuel H. (Pennsylvania)

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Documents in the Clearinghouse

Document
1

1:04-cv-00861

Civil Complaint

April 21, 2004

April 21, 2004

Complaint
103

1:04-cv-00861

Memorandum and Order

March 30, 2005

March 30, 2005

Order/Opinion
119-1

06-02540

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

June 28, 2007

June 28, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4780258/iseley-v-talaber/

Last updated Dec. 21, 2024, 2:56 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: April 21, 2004

Closing Date: March 30, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A person incarcerated by the Pennsylvania Department of Corrections, with Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Retaliation

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medical care, unspecified

Medication, administration of