Darrah v. Krisher

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Darrah, a Madison Correctional Institution (MCI) inmate, sued medical staff under 42 U.S.C. 1983, claiming violation of his right to be free from cruel and unusual punishment under the Eighth Amendment. Darrah had a severe form of psoriasis that causes debilitating pain from large and deep fissures that form on the bottom of the feet. He had been treated successfully with Soriatane; multiple other treatments had proven ineffective. Soriatane was not listed on the Drug Formulary for Ohio prisons and could not be dispensed without prior authorization. MCI was not able to obtain non-Formulary drugs at the time of Darrah’s arrival. After weeks without the drug, Darrah developed fissures on his heels, pain, and difficulty walking. The doctors tried other drugs. Darrah visited the infirmary repeatedly, filed complaints and a grievance, but a year elapsed before he received Soriatane. The district court granted the defendants summary judgment. The Sixth Circuit reversed and remanded. It was “clearly established” by 2011 that neglecting to provide a prisoner with needed medication, choosing to prescribe an arguably less efficacious treatment method, and continuing on a treatment path that was clearly ineffective could constitute a constitutional violation. The facts could support a finding of deliberate indifference. View "Darrah v. Krisher" on Justia Law