Claim that life endangered enough to survive motion to dismiss
In Erickson v. Pardus, the U.S. Supreme Court reversed the dismissal of a prisoner’s § 1983 action arising from his removal from treatment program for hepatitis C. The 10th Circuit had affirmed the dismissal, finding the prisoner’s allegations too conclusory to state a claim. In the per curiam decision, the Supreme Court held the allegations that the prisoner had just started a treatment program that was to last one year, had been removed from the program in a disciplinary action, and that such removal endangered his life was sufficient to state a claim. The court noted the fact that the prisoner proceeded pro se was significant in determining the sufficiency of the allegations.
