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JOHNSON v. WRIGHT

Docket No. 04-3234.

412 F.3d 398 (2005)

James JOHNSON, Plaintiff-Appellant, v. Lester WRIGHT, Assoc. Commissioner Health Services, Department of Correctional Services, Jointly, Severally and Individually, Respectively, Glen S. Goord, Department of Correctional Services, Jointly, Severally and Individually, Respectively, Carl J. Koenigsmann, Facility Health Services Director, Green Haven Correctional Facility, Jointly, Severally and Individually, Respectively, Great Meadow Correctional Facility, and George B. Duncan, Great Meadow Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2005.

Attorney(s) appearing for the Case

Catherine C. Montjar, Kornstein, Veisz, Wexler & Pollard LLP, New York, N.Y. (Susanna M. Buergel, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, on the brief), for Plaintiff-Appellant.

Michelle Aronowitz, Assistant Solicitor General, (Melanie L. Oxhorn, Assistant Solicitor General, of counsel) for Eliot Spitzer, Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: KATZMANN, HALL, Circuit Judges. and MURTHA, District Judge.

KATZMANN, Circuit Judge.

New York State Department of Corrections ("DOCS") policy generally forbids the prescription of hepatitis C medication to any prisoner with evidence of active substance abuse within the preceding two years. Consistent with DOCS policy, the defendants in this case refused to prescribe plaintiff—who suffers from chronic hepatitis C—with a new regimen of medication because he had, on one...

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