Jameson v. Desta

Although this blog focuses on criminal appeals, this opinion deserves inclusion.  It should be required reading prior to jumping on the "tort reform" bandwagon.  

Jameson is a prisoner at Donovan state prison.  Desta is a health care provider at Donovan.  Jameson sues Desta claiming Desta continued to give Jameson the drug interferon for hepatitis long after Desta knew Jameson's hepatitis had been cured causing damage to Jameson's eyesight.  As the California prison system is still being overseen by the Federal courts due in part to Constitutionally deficient health care, there may be something to Jameson's suit.  Interestingly, three times prior the trial court entered judgment in favor of Desta and three times was reversed on appeal.  

Here Jameson got his trial.  As it was a civil case, the court did not provide a court reporter.  Jameson was informed of this and that if he wanted the trial recorded, he would have to hire his own certified shorthand reporter.  Jameson is indigent, but that doesn't matter.  No money: no reporter.  Following opening statements, the court directs a nonsuit in favor of Desta.  Jameson appeals.

Here is the holding: because Jameson had no money to hire a court reporter, there is no record of the trial upon which the appellate court can find any error.  Jameson loses.  He loses (here) because he has no money.  Admirably the opinion contains the following statement, "[C]ivil justice is not free."  Stated in the converse, civil justice has a price, and if you have no money, you are not entitled to justice.  True, and acherontic.