Michael Lotz v. Dr. Elderkin, et al., 2013 U.S. Dist. Lexis 159348 (U.S. District Court of the District of Connecticut Nov. 7, 2013)

Court and Agency Decisions and Orders (including case law)

This judgment denies plaintiff Michael Lotz’s motions for a preliminary injunction requiring his correctional facility to provide him with certain pain medications to alleviate the symptoms of advanced HIV and other conditions. In July and August 2013, Lotz filed motions seeking an order for the correctional facility to provide him with the same pain medication regimen he states he was taking prior to his incarceration. The defendant physicians argued that Lotz was being provided with proper and adequate pain management medication, and that he was not medically in need of the medication his motions sought. The physicians further argued that medical tests coupled with Lotz’s behavior showed he did not have many of the ailments and diseases he claimed, and that his request for the medication was driven by addiction rather than pain. The court noted that it was sympathetic to Lotz’s claims and that it did not doubt his sincerity. Nonetheless, preliminary injunctive relief is designed to prevent irreparable harm, and the court found that the evidence did not clearly support Lotz’s allegation that he suffered from such severe pain as to require the requested medication regimen. For this reason, the court denied his motions for a preliminary injunction. 

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