George Pataki will remain a defendant in a medical indifference claim for his alleged complicity in a state policy of not informing inmates they had hepatitis or treating them properly for the infection.

Rejecting a motion to dismiss the suit for the second time since 2012, Eastern District Judge Raymond Dearie refused again to broaden the Eighth Amendment action to include state prison administrators and health officials whom the inmate plaintiff “K. Doe” claims carried out the Pataki administration’s policy as defendants.

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