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033529P.pdf   10/01/2004  Jerry W. Bender  v.  Eugene Regier, M.D.
   U.S. Court of Appeals Case No:  03-3529
   District of South Dakota   
   Prisoner case - prisoner civil rights. Physician employed by the South 
   Dakota State Penitentiary was entitled to summary judgment based on 
   qualified immunity on claim he violated plaintiff's Eighth Amendment 
   rights by failing to treat his Hepatitis C Virus with interferon before 
   plaintiff's release from prison; plaintiff failed to show physician acted 
   with deliberate indifference to his condition; the evidence was 
   uncontroverted that the physician treated the condition for months and 
   referred plaintiff to an appropriate specialist, any subsequent confusion 
   about order for interferon treatment was at most evidence of negligence, not 
   deliberate indifference. Dissent by Judge Bright. 
   [PUBLISHED] [Loken, Author, with Bright and Smith, Circuit Judges]