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Ruling keeps alive Abu-Jamal's lawsuit over hepatitis drugs

HARRISBURG, Pa. — A federal appeals court is keeping alive a lawsuit brought by Mumia Abu-Jamal, convicted of killing a Philadelphia police officer in 1981, over his lack of access in prison to hepatitis drugs.

The 3rd U.S. Circuit Court of Appeals on Friday upheld a lower-court decision that Corrections Department employees were not immune to being sued over their decisions regarding the 65-year-old Abu-Jamal.

Abu-Jamal says his initial denial of treatment with two anti-virial drugs violated his constitutional right to be free from cruel and unusual punishment. He previously won a court order to provide the treatment.

A Wolf administration spokesman says the opinion is under review and notes the decision didn’t conclude the litigation.

The appeals court panel says there are sufficient grounds at this point to let Abu-Jamal pursue the lawsuit.

Mark Scolforo, The Associated Press