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Seton Hall University School of Law’s Center for Social Justice won
an important victory this December when the United States Court of
Appeals for the Second Circuit ruled that its client is entitled to
seek compensatory damages because prison officials had failed to
properly treat his glaucoma, resulting in his blindness.
The Center for Social Justice noted that following the arrest of
Rodney Thomas, prison officials had failed to provide Thomas with
the regimen of medication needed to preserve his eyesight. As a
result, his eyesight degraded from normal vision to blindness. After
Thomas filed suit to recover damages for being denied the treatment
that could have prevented his blindness, the district court
dismissed his complaint, stating that prison medical supervisors
were not sufficiently implicated to be liable because they did not
personally fail to provide the necessary medical care.
Following that ruling, Professor Jon Romberg of Seton Hall Law
School's Center for Social Justice served as Thomas's pro bono
counsel on appeal, assisted by third-year Seton Hall Law students Adam Wells and
Kathryn Diehm, who briefed and argued the case before
the Second Circuit.
“The appeals court’s ruling not only provides substantial justice to
Mr. Thomas himself, it also crystallizes the broad scope of legal
obligations for prison medical supervisors,” commented Romberg. “The
ruling plainly shows that prison supervisors are required to
investigate and correct serious medical problems that are brought to
their attention, even if those problems are not of their own
making.”
To view the court's opinion, click below.
Thomas Opinion |
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Professor Jonathan Romberg
Impact Litigation Clinic
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