Court of Appeals Faults Trial Judge For Curt Ways

Court Is Faulted for 'Extreme Brevity' in Dismissing Suit
The New York Law Journal by Joel Stashenko  -  March 13, 2012

The U.S. Court of Appeals for the Second Circuit has faulted a trial judge for "extreme brevity" in throwing out the lawsuit of an inmate against a doctor. The circuit remanded Hilton v. Wright, 10-135-cv(L)/10-2245-cv (Con), to Northern District Judge David N. Hurd to conduct a proper analysis. The judge had granted summary judgment to the defendants on the plaintiffs' request for damages against Dr. Lester N. Wright.  Dr. Wright and the state prison system were sued for allegedly failing to provide timely treatment for inmates with Hepatitis C. The inmates claimed they were denied antiviral drugs until they enrolled in anti-substance abuse programs, even though some inmates were denied entry into the programs if they were soon to be released. The suit was settled as a class action, and the treatment delays were stopped. But the circuit said Judge Hurd "disposed of" the damages claim against Dr. Wright in one paragraph by finding that plaintiffs failed to establish they suffered serious health problems due to the drug treatment rules, and that Dr. Wright enjoyed qualified immunity. The circuit also directed Judge Hurd to reconsider whether the plaintiffs were entitled to $14,000 in legal fees. Judges Ralph K. Winter, Rosemary S. Pooler and Peter W. Hall joined the unsigned March 9 opinion.