MEDIA RELEASE: Federal Court Orders DOC to Provide Hepatitis C Treatment to Mumia Abu-Jamal

Mumia Abu-JamalMumia to receive treatment with direct-acting antiviral medications within 21-days

January 3, 2017: Federal district court Judge Robert Mariani granted political prisoner Mumia Abu-Jamal’s request for a preliminary injunction, forcing the Pennsylvania Department of Corrections (DOC) to provide him with direct-acting antiviral (DAA) drugs capable of curing his chronic hepatitis C infection. During an evidentiary hearing in December 2015, it was shown that Abu-Jamal had a chronic hepatitis C infection that was progressively attacking his liver, causing scarring, a severe, itchy, painful skin rash that had lasted more than 18 months, and anemia of chronic disease.

Mr. Abu-Jamal is represented by Bret Grote of the Abolitionist Law Center and attorney Robert J. Boyle. “We are gratified by Judge Mariani’s decision and urge the PA DOC to administer these life saving drugs to Mr. Abu Jamal without further delay,” said Robert J. Boyle on hearing the news of the courts decision. Bret Grote, Legal Director at the Abolitionist Law Center and attorney representing Mumia Abu-Jamal said, “This is the first case in the country in which a federal court has ordered prison officials to provide an incarcerated patient with the new [hepatitis C] medications that came on the market in 2013.”

The legal victory comes after Judge Mariani denied an earlier request for a preliminary injunction, holding that Abu-Jamal had failed to file his lawsuit against the correct defendants. However, the judge also held at that time that the DOC’s treatment protocol for hepatitis C violated the Eighth Amendment’s prohibition on cruel and unusual punishment, and once members of the DOC’s Hepatitis C Treatment Committee were added as defendants the judge could issue a favorable injunction. The current decision follows the filing of a related case by attorneys for Abu-Jamal on September 30, 2016, which included members of the Hepatitis C Treatment Committee as defendants.

Quoting from his earlier decision, Judge Mariani described the DOC’s protocol for hepatitis C treatment:

[T]he effect of the protocol is to delay administration of DAA medications until the inmate faces the imminent prospect of “catastrophic” rupture and bleeding out of the esophageal vessels. Additionally, by denying treatment until inmates have “advanced disease” as marked by esophageal varices, the interim protocol prolongs the suffering of those who have been diagnosed with chronic Hepatitis C and allows the progression of the disease to accelerate so that it presents a greater threat of cirrhosis, hepatocellular carcinoma, and death of the inmate with such disease.

The judge also rejected the DOC’s argument that recent changes to the protocol had resolved the constitutional violation, holding that the new protocol “suffers from the same fatal flaw as the interim protocol” because it “refuses, without medical justification, to provide treatment… and also imposes an unreasonable condition—having vast fibrosis or cirrhosis—on treatment.”

There are more than 5,400 people in DOC custody with chronic hepatitis C, and more than 99% of them are not receiving treatment. Newly developed medications have a cure rate of 95% or more in clinical trials, but the DOC has been refusing to provide the cure due to its high cost.

Contact: Bret Grote            bretgrote@abolitionistlawcenter.org                        412-654-9070

Memorandum Opinion – Abu-Jamal v. Wetzel

Court Order Granting Preliminary Injunction – Abu-Jamal v. Wetzel

 

MEDIA RELEASE: DOC’s Hepatitis C Protocol Ruled Unconstitutional But Mumia Denied Treatment

Federal Court Finds DOC’s Hepatitis C Protocol Unconstitutional But Requires New Defendants Be Added to Lawsuit Before Ordering Treatment for Mumia Abu-Jamal

 September 1, 2016: Federal district court judge Robert Mariani denied political prisoner Mumia Abu-Jamal’s request for a preliminary injunction on Wednesday, August 1st that would have forced the Pennsylvania Department of Corrections (DOC) to provide him with direct-acting antiviral drugs capable of curing his hepatitis C. The opinion, however, also held that the DOC’s hepatitis C protocol violates the Eighth Amendment by withholding the medication to incarcerated patients with chronic hepatitis C, and that when Mr. Abu-Jamal adds members of the DOC’s Hepatitis C Treatment Committee the judge can issue a favorable injunction.

Read the Opinion here: Preliminary Injunction Decision

There are more than 5,400 people in DOC custody with chronic hepatitis C, and more than 99% of them are not receiving treatment. Newly-developed medications have a cure rate of 95% or more in clinical trials, but the DOC has been refusing to provide the cure due to its high cost.

The court found that “the standard of care with respect to the treatment of chronic Hepatitis C is the administration of the newly-developed DAA [direct-acting antiviral] medications, such as Harvoni, Sovaldi, and Viekira Pak.” The court then found that the DOC’s hepatitis C treatment protocol “prolong[s] the suffering of those who have been diagnosed with chronic hepatitis C and allow[s] the progression of the disease to accelerate so that it presents a greater threat of cirrhosis, hepatocellular carcinoma [i.e. liver cancer], and death of the inmate with such disease” in violation of the Eighth Amendment.

The DOC’s protocol “presents a conscious disregard of a known risk of advanced cirrhosis and death by esophageal hemorrhage” due to its refusal to authorize hepatitis C treatment until a patient already has advanced cirrhosis and esophageal varices, a condition that can lead to fatal hemorrhaging of the blood vessels in the esophagus.

The court did not grant the injunction, however, because it found that members of the DOC’s Hepatitis C Committee had to be added as defendants: “a mandatory injunction favorable to Plaintiff would necessarily require that the individuals enjoined be able to exercise control over the contents or application of the protocol.”

The DOC’s current treatment protocol for hepatitis C was ruled in violation of the Eighth Amendment in no uncertain terms: “In the wake of the advent of curative Hepatitis C medications, Defendants have charted a course that denies treatment to inmates until they are on the verge of a ‘catastrophic’ health event, a decision that appears to contain a ‘fiscal component,’ and ignores the standard of care for the treatment of chronic hepatitis C.”

Abolitionist Law Center’s Legal Director Bret Grote said the following about the decision: “While we are disappointed the court did not grant the injunction at this time, its holding that incarcerated patients with hepatitis C are entitled to treatment with the breakthrough medications that cure hepatitis C and that the DOC’s current protocol violates the Eighth Amendment sets a powerful precedent for Mr. Abu-Jamal, the more than 5,400 prisoners with chronic hepatitis C in Pennsylvania, and tens of thousands incarcerated with untreated hepatitis C across the country. We won everything but the injunction we sought, and will be moving expeditiously to bring additional defendants before the court so Mr. Abu-Jamal can receive the treatment he is entitled to under the U.S. Constitution.”

Bret Grote       bretgrote@abolitionistlawcenter.org                412-654-9070

 

MEDIA RELEASE: Federal Court to Decide if Mumia Abu-Jamal Has Right to Hepatitis C Treatment

Attorneys for Abu-Jamal file brief slamming DOC for withholding treatment

On Friday, March 11, attorneys for political prisoner Mumia Abu-Jamal filed their post-hearing brief in support of Abu-Jamal’s motion for a preliminary injunction ordering the Pennsylvania Department of Corrections to provide him with treatment for his hepatitis C. The 30-page brief summarized the extensive factual record from a 3-day evidentiary hearing held at the end of December 2015.

During the December hearing it was shown that Abu-Jamal has a chronic hepatitis C infection that is progressively attacking his liver, causing scarring, a severe, itchy, painful skin rash that has lasted more than 18 months, and anemia of chronic disease. Abu-Jamal also experienced a nearly fatal attack of diabetes in March 2015 that is also likely related to his hepatitis C.

There were surprises at the hearing as well. The head of the DOC’s clinical services, Dr. Paul Noel, revealed that tests conducted by the DOC show that there is a 63% chance that Abu-Jamal has cirrhosis, which means that the disease has progressed to the point that it is causing irreversible and worsening inflammation and scarring throughout his liver. Despite the extraordinary danger posed by Abu-Jamal’s condition, Noel testified under oath that the DOC will not provide treatment unless a patient has advanced cirrhosis and the presence of esophageal varices, which means that the patient is at risk of bleeding to death.

As argued in Abu-Jamal’s brief: “It is shocking to the conscience that the DOC thinks it is acceptable to withhold medical care until one’s liver has suffered irreversible damage accompanied by such severe damage to the blood vessels that the patient is literally at risk of bleeding to death. No matter whether such “active surveillance” is called treatment or not, it is a gross departure from medical ethics and constitutional requirements.”

Dr. Noel also revealed on cross examination that DOC counsel had submitted a falsified document in his name in September in 2015 that contained inaccurate and misleading medical information that was then used as the basis for DOC’s argument against plaintiff’s motion for preliminary injunction.

Mumia Abu-Jamal is represented by Bret Grote of the Abolitioist Law Center and Robert Boyle.

Read both sides’ briefs at the link below:

Brief in Support of Plaintiff`s Preliminary Injunction

Defendants` Brief in Opposition to Preliminary Injunction

Bret Grote       bretgrote@abolitionistlawcenter.org               412-654-9070

MEDIA RELEASE: Mumia Abu-Jamal files suit over prison’s refusal to provide necessary medical care

Untreated Diabetes nearly killed Abu-Jamal in March, and the DOC is refusing to treat his active Hepatitis C

August 3, 2015: Attorneys for political prisoner Mumia Abu-Jamal filed an amended lawsuit today in the Middle District of Pennsylvania federal court to challenge prison medical staff’s denial of necessary medical treatment – denial that nearly killed Abu-Jamal earlier this year.

See Plaintiff’s Motion to Amend Complaint and the Amended Complaint.

On March 30, 2015, Abu-Jamal was rushed to the hospital after losing consciousness and going into diabetic shock. Although prison medical staff were aware that Abu-Jamal had a dangerously high blood glucose level of 419 on March 6, they failed to treat, monitor, or even inform Abu-Jamal of his condition. Glucose levels like those that Abu-Jamal had can result in diabetic shock, diabetic coma, and death.

Abu-Jamal’s diabetic shock came in the midst of an escalating year-long health crisis that began with a rash in August 2014. The skin condition grew in intensity over the course of the next several months, eventually covering most of his body with a painful, severe rash that is resistant to conventional treatments. The skin condition is abnormal in its duration and intensity, and has led to lesions, open wounds, and swelling.

The lawsuit filed today seeks injunctive relief for prison medical staff’s failure to treat Abu-Jamal’s active Hepatitis C. Recent blood tests provided at the insistence of Abu-Jamal, his lawyers, and consulting doctors have confirmed that Abu-Jamal has active Hepatitis C, which is likely the underlying cause of his health crisis. Despite the undeniable medical evidence that he is in need of treatment for his Hepatitis C, prison medical staff are refusing to provide any.

Advances in Hepatitis C treatment in recent years have revolutionized the way the disease is treated, with new direct-acting anti-viral medications that have had over 95% success rates in curing the illness in clinical trials. The medications, however, are extraordinarily expensive in the United States due to monopoly pricing practices by the pharmaceutical companies that have patented them.

The Pennsylvania Department of Corrections has yet to promulgate a new protocol for treating Hepatitis C with the new medications, meaning that the estimated 10,000-plus people in DOC custody who have Hepatitis C are not receiving any treatment.

This issue is the subject of a class action lawsuit filed in the Eastern District of Pennsylvania federal court in June 2015.

Abu-Jamal is represented by Bret Grote of the Abolitionist Law Center and Robert J. Boyle of New York City.

 

Bret Grote            bretgrote@abolitionistlawcenter.org                        412-654-9070

Panel Discussion: Solitary Confinement and Political Prisoners (Video)

National Lawyers Guild – Solitary Confinement and Political Prisoners: The Use of Prison Isolation in Policing Radical Politics. San Juan, Puerto Rico. October 25, 2013.

Moderator: Bret Grote (Executive Director of the Abolitionist Law Center)

Panelists: Jihad Abdulmumit (Co-chairperson of the National Jericho Movement); Clarissa López Ramos (daughter of Oscar López Rivera); Mumia Abu Jamal by recording (Journalist and Jailhouse Lawyer Vice President of the National Lawyers Guild); Azadeh Zohrabi (Legal Services for Prisoners with Children, and member of legal team representing Pelican Bay prisoners).

Part 1:

Part 2:

National Lawyers Guild Panel on Political Prisoners & Solitary Confinement

SAN JUAN, Oct 25 2013 – The struggle against the torture of solitary confinement is an urgent necessity in building liberation movements in North America.  That was the message conveyed to attendees of a major panel on political prisoners and solitary confinement at the National Lawyers Guild’s annual convention held in San Juan, Puerto Rico on October 25, 2013.

Organized by the Abolitionist Law Center and the NLG Mass Incarceration Committee, the panel featured Jihad Abdulmumit, former Black Liberation Army political prisoner and national co-chair of the National Jericho Movement to Free Political Prisoners; Clarisa López Ramos, daughter of Puerto Rican political prisoner Oscar López Rivera; political prisoner and world-renowned journalist Mumia Abu-Jamal via recorded statement; and Azadeh Zohrabi, California attorney for Pelican Bay prisoners.

Unfortunately, Dr. Luis Nieves Falcón could not be on the panel as planned due to health issues, but there was an unexpected panelist when Edwin Cortes, Puerto Rican political prisoner freed by President Clinton in 1999, grabbed the mic.

Bret Grote of the Abolitionist Law Center moderated the panel and also spoke about the campaign to end the nearly 30 years of solitary confinement for Russell Maroon Shoatz.

Systemic and severe violations of international human rights law are an endemic—and suppressed—feature of prison conditions in the United States.  During the last thirty years the United States has embarked upon a project of race- and class-based mass incarceration unlike anything the world has ever seen.  Emerging in this same period has been the regime of super-maximum security prison units, where people are held in solitary confinement between 22-24 hours a day, seven days a week, often for years on end.  These units are defined by extreme restrictions on visitations, phone calls (which are often prohibited), incoming and outgoing mail, limits on in-cell legal and personal property, and prohibitions on cell decorations.  Medical neglect, physical and psychological abuse, food deprivation, racism, and other human rights violations flourish in these conditions, which are effectively hidden from public scrutiny.  Hundreds of thousands of people cycle in and out of the psychologically toxic and emotionally harmful conditions of solitary confinement every year, with more than 80,000 people held in 23-24 hour lockdown on any given day in jails, prisons, and immigrant detention centers.

The speakers presented an inspiring and diverse set of stories, insights, and ideas to the 130-150 people in attendance.  Jihad Abdulmumit urged the crowd to recognize the context of struggle when discussing political prisoners in the United States, rather than fixating on the question of guilt or innocence.  After all, nobody ever asked if Nelson Mandela participated in the armed struggle (he did, of course), but instead recognized that he was fighting for the freedom of his people.  The same standards should apply to freedom fighters held in the belly of the imperial beast.

Bridging the struggles of the Black Liberation Movement and the Puerto Rican Liberation Movement was the commentary of Mumia Abu-Jamal.  Articulating how the pathology of white supremacy infected early 20th-century U.S. Supreme Court jurisprudence regarding Puerto Rico, Mumia traced the arc of struggle of generation after generation of Puerto Ricans in and out of U.S. prisons, as part of their efforts to free their homeland from the crime of colonialism.

Clarisa López Ramos presented a moving account of the anguish and hardship that solitary confinement imposes on the families of prisoners.  She spent many hours of her childhood building a relationship with her father, Puerto Rican political prisoners Oscar López Rivera, through the glass partition of the non-contact visiting booth in the United States Penitentiary at Marion, the prototype for supermax prisons.

Next, Azadeh Zohrabi laid out a brilliant overview and analysis of the prisoner human rights movement in California, which has been led by visionary prisoners held in the Pelican Bay State Prison control units.  Her call to “abolish” solitary confinement elicited a powerful round of applause from the audience.  Noting that she views the prisoners she represents in a class action lawsuit more as her colleagues than her clients, Azadeh enlisted dozens of audience members to assist with advocacy on behalf of the health care needs of men still suffering the effects of the most recent California prisoner hunger strike, which included more than 30,000 prisoners at its peak.

Edwin Cortes then joined the panelists after being introduced by Jihad, who he served time with at the federal prison in Lewisburg, Pennsylvania.  Cortes emphasized the importance of recognizing that the Obama presidency represents the “same old racism” with a different face, urging those in attendance to continue the struggle for liberation.

Finally, Bret Grote discussed the case of Russell Maroon Shoatz, Pennsylvania political prisoner who is represented by the Abolitionist Law Center in his efforts to be free from nearly 30 years of isolation, including the last 22 years consecutively.  Grote emphasized the structural role of solitary confinement, observing that solitary is used to terrorize the prison population; the prison population is then used to terrorize poor communities in general and communities of color in particular; socio-economic conditions in these communities are used to keep the middle classes in line; and these classes carry out the social, economic, and political agendas of the powerful few who control society.

If the feedback received by the ALC is any indication, those in attendance at the panel left better prepared and inspired to move the struggle against this system forward.