GIARRATANO v. JOHNSON

No. 06-7890.

521 F.3d 298 (2008)

Joseph M. GIARRATANO, Plaintiff-Appellant, v. Gene JOHNSON, Director of the Virginia Department of Corrections; Tracey S. Ray, Warden of Red Onion State Prison, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 25, 2008.


Attorney(s) appearing for the Case

ARGUED: Steven David Rosenfield, Charlottesville, Virginia, for Appellant. William Eugene Thro, State Solicitor General, Office of the Attorney General, Richmond, Virginia, for Appellees. ON BRIEF: Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia; R. Frazier Solsberry, Charlottesville, Virginia, for Appellant. Robert F. McDonnell, Attorney General, Stephen R. McCullough, Deputy State Solicitor General, William C. Mims, Chief Deputy Attorney General, Maria Graff Decker, Deputy Attorney General, Mark R. Davis, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellees.

Before WILLIAMS, Chief Judge, DUNCAN, Circuit Judge, and JOHN PRESTON BAILEY, United States District Judge for the Northern District of West Virginia, sitting by designation.


Affirmed by published opinion. Judge BAILEY wrote the opinion, in which Chief Judge WILLIAMS and Judge DUNCAN joined.

OPINION

BAILEY, District Judge:

Joseph M. Giarratano (Giarratano) is a Virginia state prisoner infected by Hepatitis C. Giarratano twice requested, at his own expense, that the Red Onion State Prison, of the Virginia Department of Corrections (VDOC), provide him copies of the prison treatment protocols for inmates with Hepatitis C...

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