Bender v. Regier.

• Position: MEDICAL CARE - Brief Article

U.S. Appeals Court

DELIBERATE INDIFFERENCE

MEDICATION

Bender v. Regier, 385 F.3d 1133 (8th Cir. 2004). A state prisoner who tested positive for Hepatitis C brought a [section] 1983 action against a prison physician, alleging violation of his Eighth Amendment rights in connection with the physician's failure to treat the prisoner with interferon before his release. The district court denied the physician's motion for summary judgment on qualified immunity grounds and the physician appealed. The appeals court reversed and remanded, finding that the physician did not act with deliberate indifference. The court noted that the physician monitored and charted the prisoner's liver...