Mann v. Ohio Dep't of Rehabilitation and Correction

Jeffrey Mann, John Bragg, and Eric Pastrano are incarcerated in the Ohio Department of Rehabilitation and Corrections (“ODRC”) and have been diagnosed with HCV. Each requested, but was denied, HCV treatment based on ODRC’s medical policies.

The three plaintiffs initially brought this action pro se, challenging the denial of HCV treatment. But the district court granted defendants’ motion to dismiss, reasoning that the plaintiffs were being “monitored and treated;” that defendants “had not ignored” the plaintiffs’ HCV; and, that this was simply a “difference of opinion” between plaintiffs and the ODRC physicians.

We represented the plaintiffs on their appeal to the Sixth Circuit Court of Appeals, arguing that failure to provide HCV treatment constitutes deliberate indifference to an incarcerated person’s serious medical needs and violates the Eighth Amendment.

We filed our opening brief on January 22, 2020. Two days later, ODRC informed each plaintiff that he would soon be provided with HCV treatment. Each plaintiff began treatment within a few weeks. ODRC also updated its HCV treatment policy.

The Sixth Circuit then reversed the district court’s opinion, and remanded for further proceedings.