In August 2016, Judge Mariani ruled the Department of Corrections hepatitis C protocol unconstitutional. His ruling did not grant Mumia’s preliminary injunction, on a technicality, citing that the “Hep C Care Committee” of the DOC was not a named defendant. Mumia’s attornies immediately filed to include these doctors Dr. Paul Noel and the Hep C Care Committee.
In January 2017, Judge Mariani again ruled that the DOC protocol is unconstitutional, this time granting Mumia’s request for immediate treatment. Mariani ordered the DOC to comply and treat Mumia within 21 days. They now are in contempt of court. Bret Grote, Esq. and Bob Boyle, Esq., Mumia’s lawyers, have filed motions to enforce the order, but the DOC has appealed to the 3rd Circuit Court of Appeals.