Filed Date: Oct. 31, 2006
Closed Date: Sept. 11, 2007
Clearinghouse coding complete
Petitioner, a person in the custody of the Federal Bureau of Prisons incarcerated at the United States Penitentiary in Terre Haute, Indiana, originally filed this pro se petition for a writ of mandamus in the Superior Court of the District of Columbia on October 13, 2006. The action was removed to the U.S. District Court for the District of Columbia on October 31, 2006 and assigned to U.S. District Judge John D. Bates. Petitioner, who had Hepatitis C virus (HCV), alleged that the federal government intentionally deprived him of adequate treatment for his HCV because he had not received medication or a liver biopsy. He sought mandamus relief under 28 U.S.C. 1361, asking the Court to compel the government to provide the requested medical care.
On February 20, 2007, the United States filed a motion to change venue, motion to dismiss, and motion for summary judgment. On September 11, 2007, the court granted the government's motion for summary judgment and dismissed the action. Judge Bates reasoned that the petitioner failed to show deliberate indifference to a serious medical need, citing evidence that his treating physicians had reasonably determined that he was not a candidate for a liver biopsy because of his history of mental illness, and that he was not a eligible for interferon-based treatment based on lack of disease symptoms. The court explained that "the record ma[de] clear that respondent [was] aware of plaintiff's chronic HCV infection and that it ha[d] taken steps to monitor petitioner's condition and, where appropriate, to provide treatment," which was all that was required under the standard. Thus, the court granted the government's motion for summary judgment and closed the case. 512 F.Supp.2d 44.
Tessa Bialek (3/17/2023)
See docket on RECAP: https://www.courtlistener.com/docket/4205881/coleman-bey-v-united-states/
Last updated March 13, 2023, 9:47 p.m.
State / Territory: District of Columbia
Hepatitis C Treatment in Jails and Prisons
Filing Date: Oct. 31, 2006
Closing Date: Sept. 11, 2007
Case Ongoing: No
A person in federal custody with Hepatitis C.
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Causes of Action:
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Type of Facility: