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JAMAL MURRAY,
Plaintiff-Appellee,
v.
STATE OF OHIO DEPARTMENT OF CORRECTIONS,
Defendant,
DR. TIMOTHY HEYD,
Defendant-Appellant. |
No. 21-3398 |
Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:14-cv-00168—Timothy S. Black, District Judge.
Argued: January 12, 2022
Decided and Filed: March 30, 2022
Before: GILMAN, KETHLEDGE, and LARSEN, Circuit Judges.
_________________________
OPINION
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RONALD LEE GILMAN, Circuit Judge. Dr. Timothy Heyd served as the Chief Medical
Officer of the prison where Jamal Murray was previously incarcerated and was also Murray’s
treating physician. During his time in prison, Murray suffered from a condition known as deepvein thrombosis, which, in Murray’s case, involved the formation of venous blood clots in his
legs. Murray relied on the medication Coumadin to abate his condition. After many weeks
passed with inadequate monitoring and the prescribing of too low a dosage of Coumadin, Murray
suffered from a cerebral blood clot that has left him permanently blind.
Murray timely brought an Eighth Amendment claim under 42 U.S.C. § 1983 against Dr.
Heyd for deliberate indifference to Murray’s serious medical needs. Dr. Heyd sought qualified
immunity in a motion for summary judgment, which the district court denied. He now seeks a
review of that ruling through the present interlocutory appeal. For the reasons set forth below,
we AFFIRM the district court’s determination that Dr. Heyd is not entitled to qualified
immunity as a matter of law. |
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CARDINAL HEALTH, INC.,
Plaintiff-Appellee,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF
PITTSBURGH, PA,
Defendant-Appellant. |
No. 21-3770 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:20-cv-05854—Edmund A. Sargus, Jr., District Judge.
Argued: March 10, 2022
Decided and Filed: March 30, 2022
Before: SUTTON, Chief Judge; GIBBONS and GRIFFIN, Circuit Judges.
_________________________
OPINION
_________________________
JULIA SMITH GIBBONS, Circuit Judge. Cardinal Health, Inc., is one of several
defendants named in the multitude of ongoing state and federal lawsuits against opioid
manufacturers, distributors, and dispensers seeking damages related to the nation’s opioid
epidemic. Cardinal Health sought defense costs under its insurance policies with National Union
Fire Insurance (“National Union”), which has continually reserved its right to deny coverage.
After Cardinal Health brought a declaratory action in Ohio state court, National Union removed
the case to federal court, seeking relief pursuant to the Declaratory Judgment Act. The district
court declined to exercise jurisdiction and granted Cardinal Health’s motion to remand to state
court. Because the district court did not abuse its discretion, we affirm. |
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