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Court of Appeals of New York


Wooley v. N.Y. State Dept. of Corr. Servs., 129

In an action by an inmate alleging that the denial of certain medical treatment to an inmate by the New York State Department of Correctional Services (DOCS) was arbitrary and capricious, or violative of the Eighth Amendment's proscription against cruel and unusual punishment, dismissal of the action is affirmed where DOCS's recognition of the lack of documented success of maintenance levels of pegylated interferon constituted a rational basis for the DOCS determination denying treatment with a non-FDA approved protocol.

Appellate Information

  • Decided 07/01/2010
  • Published 07/01/2010

Judges

  • Carmen B. Ciparick

Court

  • Court of Appeals of New York

Counsel

  • For Appellant:
  • Alan J. Pierce, Owen Demuth

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