Gordon v. Schilling, No. 17-7298 (4th Cir. 2019)
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Plaintiff, a Virginia inmate, filed a 42 U.S.C. 1983 action against two Virginia Department of Corrections (VDOC) officials, alleging that defendants violated his Eighth Amendment rights by denying him treatment for his Hepatitis C virus (HCV). The Fourth Circuit vacated the district court's grant of summary judgment for defendants, holding that genuine disputes of material fact exist as to plaintiff's deliberate indifference claim against Defendant Schilling, the Health Services Director. In this case, there was sufficient evidence to establish a genuine issue of material fact as to Schilling's personal involvement in the denial of treatment for plaintiff's HCV.
The court also held that genuine disputes of material fact exist as to plaintiff's deliberate indifference claim to Defendant Amonette, the Chief Physician, because a factfinder could determine that Amonette knew that HCV is a serious disease that affects a large percentage of those incarcerated in VDOC facilities. Furthermore, plaintiff presented evidence that Amonette knew that a lack of treatment for someone diagnosed with HCV, like plaintiff, creates a substantial risk of harm to that person. The court rejected defendants' alternative argument, which was based on a misreading of the opinion, and remanded for further proceedings.
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