We agree with the district court that Leavitt's evidence could not, as a matter of law, establish that the CMS defendants' actions violated the Eighth Amendment. However, we conclude that Leavitt has established a material dispute as to whether Alfred Cichon acted with deliberate indifference to his serious medical needs. We thus affirm the entry of summary judgment in favor of the CMS defendants, reverse the entry of summary judgment in favor of Cichon, and remand for further proceedings.
Appellant is, and was at all times material to this case, HIV-positive. He was incarcerated at YCJ from September 6, 2006, through February 17, 2007, at which point he was transferred to MSP. He claims that the defendants inappropriately denied him treatment for HIV for the entirety of his 167-day stay at YCJ and for nearly seventeen months of his incarceration at MSP. This delay in the reinitiation of antiretroviral therapy for HIV, Leavitt alleges, "constituted a continuum of harm," which resulted in short- and long-term negative consequences for his health. We chronicle his treatment history in some detail as presented in the summary judgment record, presenting the facts in the light most favorable to Leavitt and drawing all reasonable inferences in his favor. Burrell v. Hampshire Cnty., 307 F.3d 1, 3 (1st Cir. 2002).
A. Leavitt's Treatment at YCJ
1. Initial Clinic Visit
At the time of his incarceration at YCJ, Leavitt suffered from HIV, hepatitis C, bipolar disorder, anxiety, and hypothyroidism. On October 5, 2006, about one month into his detention at YCJ, Leavitt had his first -- and only -- clinical interaction with defendant Alfred Cichon. Cichon was the physician assistant who worked at the jail most frequently, about sixteen hours per week, and he also was president of Allied Resources for Correctional Health, Inc. (ARCH), the corporation that provided contract healthcare services to inmates at YCJ.
Judge(s): Kermit Lipez
Jurisdiction: U.S. Court of Appeals, First Circuit
Related Categories: Civil Rights , Constitutional Law , Health Care , Torts
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|John Woodcock, Jr.|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|James Billings||Lipman Katz & McKee PA|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Jennifer Rush||Norman Hanson & DeTroy LLC|
|Christopher Taintor||Norman Hanson & DeTroy LLC|
|Paul Catsos||Thompson & Bowie LLP|
|Elizabeth Peck||Thompson & Bowie LLP|