New opinion — qualified immunity for denial of treatment for condition that could lead to impotence

Michtavi v. Scism — prisoner civil rights – reversal — Rendell

A prisoner underwent surgery for a prostate issue. The prison surgery allegedly caused retrograde ejaculation, which, if untreated, could leave him impotent. Prescription treatment was available, but the prison refused it pursuant to a policy against treating sexual dysfunction. The prisoner filed suit, the prison administrators moved to dismiss based on qualified immunity, and the district court denied qualified immunity. Today, the Third Circuit reversed, concluding that there is no clearly established prisoner right to medical treatment for conditions that could lead to impotence.

Joining Rendell were Vanaskie and Sloviter. The case was decided without argument; the prisoner was pro se on appeal.