Cohen Milstein Secures Appellate Victory in Prison Medical Care Case
November 04, 2016
On November 4, 2016, a federal appeals court in Richmond, Virginia issued a significant opinion in favor of a Cohen Milstein client in a case involving the quality of medical care inmates receive in federal prisons. In a published, unanimous opinion, the U.S. Court of Appeals for the Fourth Circuit overturned a lower court’s summary judgment ruling throwing out Paul Scinto’s Eighth Amendment claims against a prison doctor and a prison camp administrator for intermittently failing to provide him – an inuslin-dependent diabetic – with his supplemental insulin, and for failing to provide him with a medical assessment after he called in an emergency due to gallstone-related pain. The Eighth Amendment prohibits cruel and unusual punishment.
The Fourth Circuit held that Mr. Scinto could present his claim to a jury, and it remanded the case to federal court in North Carolina for trial. Adam Farra, an associate in Cohen Milstein’s Securities Litigation & Investor Protection practice, briefed and argued the appeal.