Souch

MEMORANDUM

Plaintiff-Appellee Gerald Charles Souch is in the custody of the Arizona Department of Corrections (ADOC). The Defendants-Appellants are Dr. Bruce Kanter and Dr. Thomas Lutz, both employed by the ADOC.

Souch began to complain about lower back pain soon after his incarceration in December of 1990. He received treatment from the ADOC medical staff. Souch was repeatedly examined by various doctors, including Defendants, to determine whether his treatment was appropriate. The doctors consistently concluded that his treatment was appropriate and in keeping with acceptable community standards of care.

In May of 1997, Souch filed a lawsuit against the Defendants under federal and state law. His federal claim was brought under 42 U.S.C. § 1983 , and alleged violations of his Eighth Amendment right to be free from cruel and unusual punishment. Souch claimed that his treatment from the prison medical staff amounted to deliberate indifference to his medical needs.

Souch’s state-law claim alleged that Arizona Revised Statute § 31-201.01 was being improperly retroactively applied to him. Arizona Revised Statute § 31-201.01 provided that “every inmate shall be charged a…