The opinion of the court was delivered by: KEN SCHROEDER, Magistrate Judge
Pursuant to 28 U.S.C. § 636(c), the parties have consented to
the assignment of this case to the undersigned to conduct all
proceedings in this case, including the entry of final judgment.
On September 10, 2001, plaintiff filed his complaint pro se,
pursuant to 42 U.S.C. § 1983, seeking compensatory damages for
inadequate medical treatment during his incarceration at
Southport Correctional Facility ("Southport"), in violation of
his constitutional rights under the Eighth and Fourteenth
Amendments to the United States Constitution. Dkt. #1.*fn1
Specifically, plaintiff complains that Dr. Alves, Director of
Medical Services at Southport, failed to treat plaintiff's
diagnosis of chronic hepatitis C and refused to administer
interferon and ribavirin treatment as prescribed by the
consulting physician at Strong Memorial Hospital. Dkt. ##1, 26. Currently before me is plaintiff's motion for summary judgment
(Dkt. #25), and defendant's motion for summary judgment. Dkt.
#29. For the following reasons, plaintiff's motion for summary
judgment is denied and defendant's motion for summary judgment is
Plaintiff was diagnosed with chronic hepatitis C*fn2 prior
to his transfer to Southport on June 30, 2000. Dkt. #26, ¶¶ 1-2;
Dkt. #32, ¶¶ 5, 7a.
On July 1, 2000, plaintiff complained of itching and was given
a dandruff shampoo and benadryl. Dkt. #32, ¶ 7b.
On July 6, 2000, plaintiff complained of a rash on his foot and
stomach pains and was given a foot cream and antacids. Dkt. #32,
On July 10, 2000, plaintiff complained that he was not
receiving treatment for Hepatitis C. Dkt. #32, ¶ 7d. Dr. Alves
reviewed plaintiff's records and, noting no significant symptoms,
scheduled an appointment for plaintiff in four weeks. Dkt. #32, ¶
7d. On July 13, 2000, plaintiff complained of stomach pain and
diarrhea and received immodium. Dkt. #32, ¶ 7e.
Plaintiff complained that he was itching on July 17, 2000 and
was examined by Dr. Alves on July 20, 2000. Dkt. #32, ¶ 7f-g. Dr.
Alves noted that plaintiff had lost weight and, because itching
can be a symptom of hepatitis, ordered blood work and referred
plaintiff for a gastroenterology consultation. Dkt. #32, ¶ 7g.
Dr. Alves also prescribed a multivitamin and a high protein, high
calorie diet for plaintiff. Dkt. #32, ¶ 7g.
On July 25th, July 29th, August 7th, and August
8th, plaintiff received over the counter medication in
response to complaints of diarrhea and ear pain. Dkt. #32, ¶ 7h.
Plaintiff's blood was collected on August 18, 2000. Dkt. #32,
Dr. Alves examined plaintiff again on August 24, 2000, at which
time he observed that plaintiff's weight had increased. Dkt. #32,
¶ 7i. Dr. Alves noted plaintiff's report of decreased itching but
continued diarrhea and continued plaintiff's medication pending
the gastroenterology consultation. Dkt. #32, ¶ 7i.
Plaintiff received over-the-counter medication in response to
complaints of a sore shoulder and itchy feet on August 27th,
September 5th, and September 17th. Dkt. #32, ¶ 7j. Plaintiff was evaluated by Dr. Shaw-Stiffel at Strong Memorial
Hospital's Liver Clinic on October 9, 2000. Dkt. #32, Exh. A. Dr.
Shaw-Stiffel's impression/recommendations were, inter alia, as
Nathaniel apparently has chronic hepatitis C,
although confirmation of this with a hepatitis C RNA
by PCR will be required prior to embarking [upon] a
liver biopsy. As well, hepatitis C genotype would be
of help in terms of prognostic and therapeutic
implications, as you may know. Genotype 1 is more
difficult to treat compared to type 2 or 3.
A liver biopsy would help evaluate the degree of
any liver damage prior to starting treatment with
Rebetron or the new pegylated (once a week)
interferon, once it is approved next year by the FDA.
Dkt. #32, Exh. A.
Dr. Alves reviewed Dr. Shaw-Stiffel's report on October 17,
2000 and ordered the recommended blood work. Dkt. #32, ¶ 7m. Dr.
Alves also prescribed Actigall, a drug which treats liver
cirrhosis and is commonly prescribed to hepatitis C patients.
Dkt. #32, ¶ 7m. ...