Higgs v. Easterling, 3:11-cv-00499

Higgs, an inmate, sues multiple defendants alleging inadequate HCV treatment.
Higgs claims a liver biopsy and antiviral therapy were improperly denied or delayed.
KDOC Hepatitis C Management Plan guides evaluation and treatment, including biopsy eligibility based on ALT and fibrosis stages.
Shedlofsky, KDOC Hepatitis Management Program Director, presents the Plan and his oversight decisions.
Plaintiff eventually received a January 2012 liver biopsy showing Stage 1 fibrosis, not qualifying for antiviral treatment under the Plan.
Court converts 12(b)(6) motion to summary judgment due to dehors-the-pleadings evidence and grants Defendant's motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Higgs states a deliberate-indifference claim	Higgs alleges deliberate indifference to serious HCV needs.	Plaintiff received care under the Plan; disagreement over treatment is medical judgment, not deliberate indifference.	No genuine issue; claim fails under Eighth Amendment.
Whether the Hepatitis C Management Plan validly authorizes denial/delay of treatment	Plan is too restrictive and parole timing should not bar treatment.	Plan preestablished parameters may withhold treatment; delays and exclusions are permissible.	Plan can withhold treatment; plaintiff not entitled to antiviral therapy.
Whether delay in biopsy constitutes a constitutional violation	Delay caused deterioration and denial of care.	No verified evidence that delay caused detrimental effects; 2012 biopsy showed limited fibrosis.	No constitutional violation; delay unsupported by medical evidence.

Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard for Eighth Amendment claims)
Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (medical judgments about treatment are typically not constitutional violations)
Napier v. Madison Cnty., 238 F.3d 739 (6th Cir. 2001) (subjective and objective components of deliberate-indifference standard)
Horn by Parks v. Madison Cnty. Fiscal Court, 22 F.3d 660 (6th Cir. 1994) (objective manifestations of intent needed for deliberate indifference)
Turner v. City of Taylor, 412 F.3d 629 (6th Cir. 2005) (contemporary standards of decency in evaluating medical deprivation)
Westlake v. Lucas, 537 F.2d 857 (6th Cir. 1976) (reluctance to second-guess medical judgments where some treatment provided)
Blackmore v. Kalamazoo Cnty., 390 F.3d 890 (6th Cir. 2004) (delay in treatment requires proving detrimental effect with medical evidence)
Johnson v. Million, 60 F.App’x 548 (6th Cir. 2003) (hepatitis management plans may withhold treatment under preestablished parameters)