Inmate granted trial in hepatitis C case

By Cy Ryan

Thursday, Feb. 2, 2017 | 10:46 a.m.

CARSON CITY — A federal appeals court, in a 2-1 decision, has ruled that a Las Vegas killer should have the right to a trial to show he suffered from hepatitis C but did not get treatment in prison.

The 9th U.S. Circuit Court of Appeals on Wednesday held that Christopher A. Jones has the right to show his constitutional rights were violated because prison officials did not inform him that he had tested positive three times for hepatitis C.

The decision overturns a ruling by a federal judge who granted a pretrial summary judgment in favor of prison officials.

State Department of Corrections records show Jones is serving a 10-year to life term for murder in Las Vegas. He started his prison sentence in 1996.

Jones maintains he tested positive for hepatitis C three times in 2004 but was never informed of the results by prison officials, according to court records.

During the same time, he alleges, he was prescribed ibuprofen, which posed a significant risk for liver damage, and that it made him “sick as a dog,” according to records.

The court said that viewing the evidence in a light most favorable to Jones, there are issues of fact that must be determined by a jury.

Judge Andrew Kleinfeld dissented, saying prison officials may not have informed him of the positive results because their focus was on preparing him for a back surgery. He said Jones never required treatment for hepatitis C and his later liver function testing was normal.