Defendant's Attorney: Donna G. Zurkcer, Jessica Attie Gurvich, Thomas W. Dolgenos, Thomas Gaeta, Michael Garmisa

Description: Philadelphia, Pennsylvania civil rights lawyers represented the Plaintiff who sued the Defendants seeking a writ of habeas corpus.

"In years to come, for thousands of imprisoned men and women across America, several cases will mark when they received the right to be cured of Hepatitis C: 1) Abu-Jamal v. Wetzel (Civ. A. No. 16-2000, 2017 WL 34700 [M.D. Pa. Jan 3, 2017]); 2) Postawko v. Missouri DOC (No. 2:16-cv-04219-NKL, 2017 WL 1968317 [W.D. Mo. May 11, 2017]); Chimenti v. Pa. DOC (Civ. A. No. 15-3333, 2017 WL 3394605 [E.D. Pa. Aug. 8, 2017]).

The second and third of these cases are especially important because both are class action, or civil suits brought against the state, representing thousands of imprisoned sufferers of hepatitis C.

The Chimenti class, named after Salvatore Chimenti, a prisoner from SCI-Smithfield who has had Hep C since 1991, recently survived a Motion to Dismiss, where a federal judge (John R. Padova) ruled that the DOC’s Hepatitis C Protocol, as practiced by the prison medical staff both delayed and denied treatment to Hep C sufferers, and raised 8th Amendment claims that DOC officials were “deliberately indifferent” to serious medical needs of the prisoner plaintiffs. The judge further found that the DOC made their delays and denials based on cost factors, rather than medical ones.In years to come, for thousands of imprisoned men and women across America, several cases will mark when they received the right to be cured of Hepatitis C: 1) Abu-Jamal v. Wetzel (Civ. A. No. 16-2000, 2017 WL 34700 [M.D. Pa. Jan 3, 2017]); 2) Postawko v. Missouri DOC (No. 2:16-cv-04219-NKL, 2017 WL 1968317 [W.D. Mo. May 11, 2017]); Chimenti v. Pa. DOC (Civ. A. No. 15-3333, 2017 WL 3394605 [E.D. Pa. Aug. 8, 2017]).

The second and third of these cases are especially important because both are class action, or civil suits brought against the state, representing thousands of imprisoned sufferers of hepatitis C.

The Chimenti class, named after Salvatore Chimenti, a prisoner from SCI-Smithfield who has had Hep C since 1991, recently survived a Motion to Dismiss, where a federal judge (John R. Padova) ruled that the DOC’s Hepatitis C Protocol, as practiced by the prison medical staff both delayed and denied treatment to Hep C sufferers, and raised 8th Amendment claims that DOC officials were “deliberately indifferent” to serious medical needs of the prisoner plaintiffs. The judge further found that the DOC made their delays and denials based on cost factors, rather than medical ones."

Outcome: Upon consideration of Petitioner's Motion for Relief (ECF No. 56), the Commonwealth of Pennsylvania's Response (ECF No. 66), and it appearing that the Motion is a successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 of the Antiterrorism and Effective Death Penalty Act, it is hereby ORDERED that the Motion is TRANSFERRED, pursuant to 28 U.S.C. § 1631, to the Third Circuit Court of Appeals to determine whether the District Court may consider the successive petition.


11/16/2023 95 TRIAL BRIEF Response to Court's Order of November 3 2023 by SALVATORE CHIMENTI. (WISEMAN, MICHAEL) (Entered: 11/16/2023)

11/17/2023 96 ORDER of USCA as to 91 Notice of Appeal (Credit Card Payment) filed by SALVATORE CHIMENTI. Re: Order that the above matter is dismissed pursuant to FRAP 42(b). A certified copy of this order is issued in lieu of a formal mandate. (fdc) (Entered: 11/17/2023)

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