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BENDER v. REGIER

No. 03-3529.

385 F.3d 1133 (2004)

Jerry W. BENDER, Plaintiff — Appellee, v. Eugene REGIER, M.D., Defendant — Appellant,

United States Court of Appeals, Eighth Circuit.

Filed: October 1, 2004.

Rehearing and Rehearing Denied November 4, 2004.

Attorney(s) appearing for the Case

James E. Moore, argued, Sioux Falls, SD (Jeffrey L. Bratkiewicz on the brief), for appellant.

Thomas W. Clayton, argued, Sioux Falls, SD, for appellee.

Before LOKEN, Chief Judge, BRIGHT and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 4, 2004.*

LOKEN, Chief Judge.

In July 1998, while incarcerated in the South Dakota corrections system, Jerry Bender tested positive for the Hepatitis C virus (HCV). In this action under 42 U.S.C. § 1983, Bender alleges that Eugene Regier, a physician employed by the South Dakota Department of Health, violated Bender's Eighth Amendment rights by failing to treat his HCV with interferon...

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