By: Daily Record Staff//April 2, 2013
By: Daily Record Staff//April 2, 2013//
U.S. District Court, WDNY
Failure to Treat Medical Condition
Peralta v. Bluff
Background: The plaintiff, a former inmate in the custody of the Department of Corrections and Community Supervision, brought a civil rights action against the defendant for violations under the Eighth Amendment. The plaintiff alleged that he suffered permanent physical injury as a result of an improper injection of medication for the treatment of an ongoing condition. The defendant moved for summary judgment dismissing the complaint.
Ruling: The District Court denied the motion. The court found that the allegations that the medical staff did nothing to assist or otherwise address the plaintiff’s worsening condition established triable issues of fact.
Brian Laudadio and Joseph S. Nacca of Bond, Schoeneck & King for the plaintiff; Gary M. Levine of the New York State Office of the Attorney General