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Sandy Roe, As Administrator of the Estate of Edward J. Roe, Deceased, et al v. Willard O. Elyea, In His Individual Capacity

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ARGUED JANUARY 22, 2010

Before RIPPLE and ROVNER, Circuit Judges, and ST. EVE, District Judge.*fn1

Edward Roe, Anthony Stasiak, Timothy Stephen and Jonathan Walker are current and former inmates of the Illinois Department of Corrections (“IDOC”) who were diagnosed with hepatitis C during or prior to their time in IDOC custody. After unsuccessful attempts to obtain certain medical services for their disease while incarcerated, they brought this action against Dr. Willard Elyea, the former Medical Director of IDOC. The plaintiffs alleged that the diagnostic and *fn1 treatment protocols for IDOC inmates with hepatitis C displayed deliberate indifference to their serious medical needs and thus violated the constitutional prohibition on cruel and unusual punishment. They sought relief under 42 U.S.C. § 1983. After a jury awarded substantial compensatory and punitive damages to the plaintiffs, the defendants moved for judgment as a matter of law and, in the alternative, for remittitur of the award. The district court granted in part and denied in part the motion. The parties now cross-appeal. For the reasons set forth in this opinion, we affirm the judgment of the district court.

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