University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Gilbert v. Gedney PC-NV-0016
Docket / Court 3:15-cv-00393 ( D. Nev. )
State/Territory Nevada
Case Type(s) Prison Conditions
Case Summary
On July 31, 2015, an inmate at the Northern Nevada Correctional Center (NNCC) living with hepatitis C filed this lawsuit in the District Court of Nevada. Representing himself, the plaintiff sued numerous medical and administrative personnel at the prison under 42 U.S.C. § 1983 for violation of his ... read more >
On July 31, 2015, an inmate at the Northern Nevada Correctional Center (NNCC) living with hepatitis C filed this lawsuit in the District Court of Nevada. Representing himself, the plaintiff sued numerous medical and administrative personnel at the prison under 42 U.S.C. § 1983 for violation of his Eighth Amendment right against cruel and unusual punishment. He claimed that the defendants demonstrated deliberate indifference to serious medical needs resulting from his hepatitis C. The plaintiff sought declaratory, injunctive, and monetary relief, including nominal, punitive, and compensatory damages.

Plaintiff's bloodwork had revealed he was suffering from irreparable liver damage and was at risk of death from liver failure. Plaintiff had repeatedly informed defendants of his condition since his incarceration in 2012, but received no treatment. Specifically, his requests for Harvoni, a treatment that would cure his hepatitis C, were denied for being "too expensive." According to the complaint, one defendant, a doctor who sits on the hepatitis committee at the prison, told plaintiff that "the courts look to us [NNCC doctors] for medical opinions. So whether you need treatment or not, if we say you don't, the Court will side with us."

In January 2016, the court stayed the case to allow opportunity for the parties to settle. An Inmate Early Mediation Conference was scheduled for May 17, 2016. Plaintiff filed a motion for an Inmate Advocate, whose role is to help the inmate to understand mediation proceedings, but was denied.

On May 6, 2016, the parties asked for a time extension, as they were confident they would soon settle the case through informal settlement negotiations and wanted to avoid waste of judicial resources as well as the plaintiff's $350 filing fee. Plaintiff had previously filed to proceed in forma pauperis, but would still be responsible for the $350 regardless of the court's ruling on his motion, which would only occur if mediation failed to resolve the case.

Ten days later the parties filed to dismiss the case with prejudice, with each party bearing their own costs. The terms of the private settlement agreement are unknown. The case is now closed.

Sara Denbo - 02/07/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Conditions of confinement
Medical/Mental Health
Hepatitis
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Northern Nevada Correctional Center
Plaintiff Description A prisoner at the Northern Nevada Correctional Center (NNCC) suffering from liver damage from hepatitis C.
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Filing Year 2015
Case Closing Year 2016
Case Ongoing No
Additional Resources
click to show/hide detail
  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Complaint for Declaratory and Injunctive Relief Under the Civil Rights Act, 42 U.S.C. 1983 [ECF# 1]
PC-NV-0016-0001.pdf | Detail
Date: 07/31/2015
Source: PACER [Public Access to Court Electronic Records]

- click to show/hide ALL -

new search
page permalink

- top of page -