Case: Thompson v. Overton

2:03-cv-70234 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 21, 2003

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On January 21, 2003, a group of Michigan Department of Corrections (MDOC) prisoners afflicted with Hepatitis-C, and relying on 42 U.S.C. § 1983, filed a lawsuit in the U.S. District Court for the Eastern District of Michigan against MDOC officials, as well as individuals and entities providing contract medical services to MDOC prisoners. Represented by counsel from the ACLU Fund of Michigan and from the Wayne State University Civil Rights Litigation Clinic, the plaintiffs sought declaratory a…

On January 21, 2003, a group of Michigan Department of Corrections (MDOC) prisoners afflicted with Hepatitis-C, and relying on 42 U.S.C. § 1983, filed a lawsuit in the U.S. District Court for the Eastern District of Michigan against MDOC officials, as well as individuals and entities providing contract medical services to MDOC prisoners. Represented by counsel from the ACLU Fund of Michigan and from the Wayne State University Civil Rights Litigation Clinic, the plaintiffs sought declaratory and injunctive relief, together with class action status for the case, which alleged violations of federal and state constitutional guarantees against cruel and unusual punishment. Defendants' deliberate indifference to plaintiffs' medical condition and needs, by providing inadequate testing of and care for the plaintiff class, constituted the unconstitutional conduct, according to the plaintiffs. The contract medical service providers filed a motion to dismiss, saying that the plaintiffs had not exhausted their administrative remedies, as 42 U.S.C. § 1997c required, before filing their § 1983-based claim.

On July 1, 2003, District Judge Lawrence P. Zatkoff granted the defense motion. His unpublished opinion ruled that the plaintiffs had failed to exhaust the MDOC grievance procedure and that, as he and other courts have interpreted 42 U.S.C. § 1997c (a part of the Civil Rights of Institutionalized Persons Act), the plaintiffs must do so even if the administrative process is such that there is reason to presume in advance that the grievance will be denied. Moreover, in applying § 1997c to this case, Judge Zatkoff followed the "total exhaustion" rule, which required that the entire complaint be dismissed without prejudice, until the plaintiffs have completely exhausted the available administrative process. An appeal of the ruling to the U.S. Court of Appeals for the Sixth Circuit resulted in an unpublished affirmation of the district court on November 4, 2005. Similarly, the U.S. Supreme Court decided not to grant a writ of certiorari to review the case. Thompson v Overton, 576 U.S. 1185 (2006).

We have no further information on the status of the case.

Summary Authors

Mike Fagan (4/29/2008)

People


Judge(s)

Zatkoff, Lawrence Paul (Michigan)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Moss, Kary L. (Michigan)

Santacroce, David A. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Chapman, Ronald W. (Michigan)

Govorchin, A. Peter (Michigan)

Olivieri, Linda M. (Michigan)

Richtarcik, Brian J. (Michigan)

Judge(s)

Zatkoff, Lawrence Paul (Michigan)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Moss, Kary L. (Michigan)

Santacroce, David A. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Chapman, Ronald W. (Michigan)

Govorchin, A. Peter (Michigan)

Olivieri, Linda M. (Michigan)

Richtarcik, Brian J. (Michigan)

Documents in the Clearinghouse

Document

2:03-cv-70234

Docket [PACER]

July 1, 2003

July 1, 2003

Docket
1

2:03-cv-70234

Complaint

Jan. 21, 2003

Jan. 21, 2003

Complaint
18

2:03-cv-70234

Opinion and Order

July 1, 2003

July 1, 2003

Order/Opinion
19

2:03-cv-70234

Judgment

July 1, 2003

July 1, 2003

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Receipt # 4174-AA - Date Fee Received: 1/21/03 with attachments 1-2 (LB) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

2

ORDER by Judge Lawrence P. Zatkoff dismissing plaintiffs state law claim without prejudice with proof of service [EOD Date 2/25/03] (LS) (Entered: 02/25/2003)

Feb. 18, 2003

Feb. 18, 2003

3

SUMMONS returned executed by process server on 2/6/03 - answer due 2/26/03 for Corr Med Sys Inc (lg) (Entered: 02/27/2003)

Feb. 19, 2003

Feb. 19, 2003

4

SUMMONS returned executed by process server on 2/5/03 - answer due 2/25/03 for George Pramstaller (lg) (Entered: 02/27/2003)

Feb. 19, 2003

Feb. 19, 2003

5

SUMMONS returned executed by process server on 2/5/03 - answer due 2/25/03 for William Overton (lg) (Entered: 02/27/2003)

Feb. 19, 2003

Feb. 19, 2003

6

ORDER by Judge Lawrence P. Zatkoff with stipulation, setting deadline for answer to complaint [1-1] for [EOD Date: 2/28/03] (lg) (Entered: 02/28/2003)

Feb. 21, 2003

Feb. 21, 2003

7

NOTICE OF APPEARANCE for Craig Hutchinson and Corr Med Sys Inc of attorney Ronald W. Chapman with proof of mailing (lg) (Entered: 02/28/2003)

Feb. 24, 2003

Feb. 24, 2003

8

APPEARANCE for George Pramstaller, William Overton of attorney Linda M. Olivieri, Anthony P. Govorchin with proof of mailing (lg) (Entered: 03/05/2003)

Feb. 27, 2003

Feb. 27, 2003

9

MOTION by plaintiff for reconsideration with brief and proof of mailing (lg) (Entered: 03/05/2003)

Feb. 28, 2003

Feb. 28, 2003

10

ORDER by Judge Lawrence P. Zatkoff granting motion for reconsideration by plaintiffs [9-1] [EOD Date 3/14/03] (lg) (Entered: 03/14/2003)

March 13, 2003

March 13, 2003

11

MOTION by defendants Craig Hutchinson and Corr Med Sys Inc to dismiss with brief, exhibits A-I, notice of hearing and proof of service (nh) (Entered: 03/24/2003)

March 18, 2003

March 18, 2003

12

ANSWER by defendants George Pramstaller and William Overton to complaint [1-1] with proof of service (nh) (Entered: 03/24/2003)

March 20, 2003

March 20, 2003

13

RESPONSE by plaintiffs in opposition to motion to dismiss by Corr Med Sys Inc, Craig Hutchinson [11-1] with proof of service (cm) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

14

EXHIBITS A-N filed by plaintiffs in support of motion response [13-1] (cm) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

15

REPLY by defendants to plaintiff' response to motion to dismiss by Corr Med Sys Inc, Craig Hutchinson [11-1]; with exhibits A-H and proof of service (jg) (Entered: 04/28/2003)

April 24, 2003

April 24, 2003

16

NOTICE by Judge Zatkoff's chambers of setting scheduling conference for 2:00 on 5/20/03 ; proof of service (jg) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

17

PRETRIAL scheduling order by Judge Lawrence P. Zatkoff - setting deadline for witness list for 12/15/03 , setting deadline for discovery for 12/15/03 , setting deadline for filing dispositive motions for 1/5/04 , setting final pretrial conference for 2:00 5/17/04 , setting civil non-jury trial for 6/1/04 (kg) (Entered: 05/29/2003)

May 27, 2003

May 27, 2003

SCHEDULING conference held - Judge Lawrence P. Zatkoff (bt) (Entered: 06/26/2003)

June 23, 2003

June 23, 2003

18

MEMORANDUM opinion and order by Judge Lawrence P. Zatkoff granting motion to dismiss by Corr Med Sys Inc, Craig Hutchinson [11- 1], dismissing complaint [1-1] with proof of service [EOD Date: 7/8/03] (kg) (Entered: 07/08/2003)

July 1, 2003

July 1, 2003

19

JUDGMENT entered by Judge Lawrence P. Zatkoff for defendants [EOD Date: 7/8/03] (kg) (Entered: 07/08/2003)

July 1, 2003

July 1, 2003

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 21, 2003

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons currently imprisoned with MDOC who may be at risk for Hepatitis C Virus and who are not being appropriately tested or treated for Hepatitis C Virus.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan Department of Corrections, State

Correctional Medical Systems, Incorporated, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Affected Gender:

Female

Male

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run