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HOFFER v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 19-11921.

973 F.3d 1263 (2020)

Carl HOFFER, Individually and on behalf of a class of persons similarly situated, Ronald McPherson, Individually and on behalf of a class of persons similarly situated, Roland Molina, Individually and on behalf of a class of persons similarly situated, Plaintiffs-Appellees, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 31, 2020.

Attorney(s) appearing for the Case

Erica A. Selig , Raymond J. Taseff , Dante Pasquale Trevisani , Florida Justice Institute, Miami, FL, for Plaintiffs-Appellees.

Amit Agarwal , Karen Ann Brodeen , Ashley Moody , James Hamilton Percival, II , Office of the Attorney General, Tallahassee, FL, Albert J. Bowden, III , Bowden Law Firm, LLC, Tallahassee, FL, for Defendant-Appellant.

Before MARTIN, NEWSOM, and BALDOCK, Circuit Judges.

This case principally presents the question whether the Eighth Amendment requires Florida prison officials to treat all inmates with chronic Hepatitis C—including those who have only mild (or no) liver fibrosis—with expensive, state-of-the-art "direct acting antiviral" (DAA) drugs. The district court held that...

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