Miller v. Campanella

Dist. Ct. erred in granting defendants-prison officials’ motion for summary judgment in section 1983 action by plaintiff-prisoner alleging that defendants were deliberately indifferent to his gastroesophageal reflux disease (GERD) condition by failing to renew his Zantac prescription to treat said condition for period of two months. GERD is potentially dangerous and painful disease, which, if left untreated for two months, is dereliction of medical duty, especially where treatment requires only few over-the-counter pills. On remand, Ct. directed Dist. Ct. to consider whether appointed counsel would be necessary to assist plaintiff.