Burke v. North Dakota Corrections and Rehabilit
Decision Date | 25 June 2002 |
Docket Number | No. 02-1922.,02-1922. |
Citation | 294 F.3d 1043 |
Parties | Dale J. BURKE, Appellant, v. NORTH DAKOTA DEPARTMENT OF CORRECTIONS AND REHABILITATION; Medcenter One, Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
Dale J. Burke, Bismarck, ND, pro se.
Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
North Dakota inmate Dale J. Burke brought an action under 42 U.S.C. § 1983 and the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. He alleged that the North Dakota Department of Corrections and Rehabilitation (NDDCR) and Medcenter One, its medical-services contractor, denied him treatment for his hepatitis C. After Mr. Burke filed an amended complaint (seeking to add two defendants and cure potential pleading deficiencies), the district court — upon 28 U.S.C. § 1915A review — dismissed the action without prejudice for failure to state a claim. Mr. Burke appeals. Having reviewed the record de novo and construed the pro se complaint liberally, see Atkinson v. Bohn, 91 F.3d 1127, 1128-29 (8th Cir.1996) (per curiam), we affirm in part and reverse in part.
Initially, we note that Mr. Burke has abandoned his appeal as to the ADA claims by failing to address them in his brief. See Etheridge v. United States, 241 F.3d 619, 622 (8th Cir.2001).
As to the section 1983 claims against NDDCR, we believe Mr. Burke alleged more than a disagreement over the proper course of treatment for his hepatitis C: he alleged that he was denied treatment entirely; that NDDCR's medical director (whom he sought to add as a defendant in his amended complaint) prevented him from being seen by doctors; and that she was using her position to block his treatment because of his prior lawsuits against her. See Terrance v. Northville Reg'l Psychiatric Hosp., 286 F.3d 834, 843 (6th Cir.2002) ( ); Smith v. Jenkins, 919 F.2d 90, 93 (8th Cir.1990) ( ); cf. Estelle v. Gamble, 429 U.S. 97, 107, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) ( ). Thus, Mr. Burke's action should have been allowed to proceed against NDDCR for relief other than monetary damages.
We believe Mr. Burke also stated a section 1983 claim against Medcenter One: he alleged that its hepatitis C treatment protocol and its doctors' complicity with the actions of NDDCR's medical director were damaging his health in violation of his Eighth Amendment rights. See Sanders v. Sears, Roebuck & Co., 984 F.2d 972, 975-76 (8th Cir.1993) (...
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50. Work-prisoner.
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