United States Ninth Circuit

In a prisoner civil rights action, contending that defendants violated the Equal Protection Clause in refusing to treat plaintiff’s Hepatitis C with interferon and ribavirin, the district court’s judgment is affirmed where: 1) the district court erred in holding that the Eleventh Amendment barred plaintiff’s claims for damages; but 2) plaintiff’s claims for injunctive and declaratory relief are moot because defendant has since treated plaintiff with interferon and ribavirin; and 3) defendant is entitled to qualified immunity because the use of race-related-success-of-treatment data when making medical treatment decisions was not clearly established as unconstitutional.

Appellate Information

• Published 2016/03/14

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel