Case: Brash v. Wexford Health Source, Inc.

2:02-cv-14331 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 6, 2002

Clearinghouse coding complete

Case Summary

On December 6, 2002, a prisoner in Florida's Okeechobee Correctional Institution (OCI), represented by counsel from the Florida Justice Institute, sued in the U.S. District Court for the Southern District of Florida, pursuant to 18 U.S.C. § 1983, alleging that his Eighth Amendment right to be free from cruel and unusual punishment was being violated by the defendants' failure to provide him appropriate medical care. The lead defendant was Florida's contract medical service provider for OCI; als…

On December 6, 2002, a prisoner in Florida's Okeechobee Correctional Institution (OCI), represented by counsel from the Florida Justice Institute, sued in the U.S. District Court for the Southern District of Florida, pursuant to 18 U.S.C. § 1983, alleging that his Eighth Amendment right to be free from cruel and unusual punishment was being violated by the defendants' failure to provide him appropriate medical care. The lead defendant was Florida's contract medical service provider for OCI; also named as defendants were associated state and corporate individuals overseeing the contract medical provider's conduct. The plaintiff alleged that he had been treated elsewhere in the Florida prison system for his Hepatitis-C and cirrhosis but that when he was transferred to OCI, the medically-indicated treatments were halted solely for cost-saving reasons. Needing Interferon and Ribavirin treatments for his condition, he sought injunctive relief, declaratory relief, and attorneys' fees.

At the same time he filed his complaint, the plaintiff also sought, via motion, a preliminary injunction to require the defendants arrange that a gastroenterologist consult with him and provide the requested FDA-approved treatment regimen. The defendants, in their opposition to the motion, argued that the matter arose from a difference of opinion between doctors about medical care and was not a matter of deliberate indifference to plaintiff's medical needs. The plaintiff contended in response that the medical opinions cited by the defense were unreliable and self-serving, compared to the plaintiff's medical experts' opinions.

On January 7 and 9, 2003, the defendants filed motions to dismiss the complaint. The motion for a preliminary injunction and motions to dismiss were referred to U.S. Magistrate Judge Frank J. Lynch, Jr. On March 4, 2003, Magistrate Judge Lynch issued two separate reports and recommendations. First, he recommended denying the motion to dismiss. One defendant, who was Secretary of the Department of Corrections, had argued that the claims against him should be dismissed because providing health care to inmates was outside of the scope of his duties, but Magistrate Judge Lynch rejected this argument. The defendants had also argued that the plaintiff failed to state a prima facie case that his Eighth Amendment rights had been violated, but Magistrate Judge Lynch disagreed, explaining that the allegation that the defendants did not provide the treatment recommended by most of the plaintiff's doctors was enough for a prima facie case. On April 28, 2003, District Judge James C. Paine adopted the report and recommendation and denied the motion to dismiss.

Magistrate Judge Lynch also recommended that the plaintiff's motion for a preliminary injunction be denied. However, on April 29, 2003, Judge Paine reversed the magistrate judge's recommendation and granted the motion. Judge Paine held that the plaintiff had sufficiently shown a substantial threat of irreparable injury and a substantial likelihood of prevailing on the merits of his Eighth Amendment claim. Therefore, he ordered the defendants to let the plaintiff see a gastroenterologist and to provide the treatment that the gastroenterologist recommended.

On July 24, 2003, after an emergency motion by the plaintiff, Judge Paine entered an order making the preliminary injunction permanent, requiring the Interferon and Ribavirin treatments, and directing the parties to attempt to resolve the attorneys' fee issues within ninety days.

On November 18, 2003, the plaintiff's counsel filed a notice with the court that a settlement had been reached with the defendant on the matter of attorney fee payment. Specifics were not provided. On January 12, 2004, Judge Paine directed the court clerk to close the case, but reserved jurisdiction to enforce the previously-entered injunction. As of June 2024, there were no further developments.

Summary Authors

Mike Fagan (4/14/2008)

Elena Meth (3/6/2023)

Kyle O'Hara (6/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6151769/parties/brash-v-wexford-health/

Judge(s)
Attorney for Plaintiff

Berg, Randall Challen Jr. (Florida)

Attorney for Defendant

Baker-Seal, Denise E. (Florida)

Becht, Patrick Arthur (Florida)

Chusid, Mitchel (Florida)

Cohen, Harrison A (Florida)

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Documents in the Clearinghouse

Document

2:02-cv-14331

Docket (PACER)

June 10, 2004

June 10, 2004

Docket
1

2:02-cv-14331

Verified Complaint

Dec. 6, 2002

Dec. 6, 2002

Complaint
2

2:02-cv-14331

Motion for Preliminary Injunction with Incorporated Memorandum of Law

Dec. 6, 2002

Dec. 6, 2002

Pleading / Motion / Brief

2:02-cv-14331

Defendants' Wexford Health Sources, Inc and David Rowe's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction and Motion for a Prompt Hearing

Jan. 15, 2003

Jan. 15, 2003

Pleading / Motion / Brief
38

2:02-cv-14331

Plaintiff's Reply Memorandum in Opposition to Defendants' Responses to Plaintiff's Motion for a Preliminary Injunction

Feb. 18, 2003

Feb. 18, 2003

Pleading / Motion / Brief
47

2:02-cv-14331

Report and Recommendation on Defendant Moore's Motion to Dismiss Verified Complaint and Defendants Wexford Health Sources, Inc's and David Rowe's Motion to Dismiss Plaintiff's Verified Complaint

March 4, 2003

March 4, 2003

Magistrate Report/Recommendation
63

2:02-cv-14331

Order Adopting the Report and Recommendation on Defendant Moore's Motion to Dismiss Verified Complaint and Defendants Wexford Health Sources, Inc.'s and David Rowe's Motion to Dismiss Plaintiff's Verified Complaint

Brash v. Wexford Health Sources, Inc.

April 28, 2003

April 28, 2003

Order/Opinion
67

2:02-cv-14331

Order

April 29, 2003

April 29, 2003

Order/Opinion
106

2:02-cv-14331

Order

July 24, 2003

July 24, 2003

Order/Opinion
111

2:02-cv-14331

Plaintiff's Notice of Settlement of Attorneys' Fees

Nov. 18, 2003

Nov. 18, 2003

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6151769/brash-v-wexford-health/

Last updated March 18, 2025, 11:05 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT filed; FILING FEE $150.00 RECEIPT #873709; Magistrate Judge Linnea R. Johnson (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
2

MOTION with memorandum in support by Allen Brash for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
3

MOTION by Allen Brash for prompt hearing on [2-1] motion for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
4

MOTION by Allen Brash for writ of habeas corpus ad testificandum (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
5

Notice of filing EXHIBITS to: [2-1] motion for preliminary injunction by Allen Brash (mh, Deputy Clerk) Modified on 12/10/2002 (Entered: 12/10/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
6

SUMMONS(ES) issued for Wexford Health (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
7

SUMMONS(ES) issued for David Rowe (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
8

SUMMONS(ES) issued for Dept. of Corrections (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
9

CLERK's NOTICE CORRECTING MAGISTRATE JUDGE ASSIGNMENT (gp, Deputy Clerk) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
10

SUMMONS(ES) issued for Wexford Health (gp, Deputy Clerk) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER
11

ORDER OF REFERENCE Referring Motion(s) [4-1] motion for writ of habeas corpus ad testificandum referred to Magistrate Frank J. Lynch, [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch, [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 12/10/02) [EOD Date: 12/16/02] (at, Deputy Clerk) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER
12

NOTICE of Filing Dr. Stone's Declaration In Support of Plaintiff's Motion for Preliminary Injunction by Allen Brash (at, Deputy Clerk) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

PACER
13

Declaration of Richard I. Stone, MD by Allen Brash re: [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

PACER
14

NOTICE OF FILING RETURN OF SERVICE executed for Dept. of Corrections on 12/10/02 Answer due on 12/30/02 for Dept. of Corrections (at, Deputy Clerk) (Entered: 12/19/2002)

Dec. 18, 2002

Dec. 18, 2002

PACER
15

UNOPPOSED MOTION by Wexford Health, David Rowe to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum (at, Deputy Clerk) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
16

NOTICE OF FILING RETURN OF SERVICE executed for Wexford Health on 12/18/02 Answer due on 1/7/03 for Wexford Health (at, Deputy Clerk) Modified on 12/26/2002 (Entered: 12/26/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
17

UNOPPOSED MOTION by Michael Moore to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction with incorporated memorandum of law and Motion for a prompt hearing on plaintiff's Motion for a preliminary injunction (Former Deputy Clerk) (Entered: 12/27/2002)

Dec. 27, 2002

Dec. 27, 2002

PACER
18

ORDER granting [17-1] motion to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction and Motion for a prompt hearing on plaintiff's Motion for a injunction to and including 1/6/2003( Signed by Magistrate Frank J. Lynch on 12/20/02) [EOD Date: 12/30/02] (Former Deputy Clerk) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

PACER
20

MOTION with memorandum in support by Dept. of Corrections to dismiss verified complaint (cg, Deputy Clerk) (Entered: 01/09/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
21

RESPONSE/MOTION by Dept. of Corrections in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
22

RESPONSE by Dept. of Corrections in opposition to [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)

Jan. 7, 2003

Jan. 7, 2003

PACER
19

MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

PACER
23

MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing (at, Deputy Clerk) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
24

MOTION with memorandum in support by Wexford Health, David Rowe to dismiss complaint (at, Deputy Clerk) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
25

MEMORANDUM by Wexford Health, David Rowe in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction, [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
26

MEMORANDUM by Allen Brash in opposition to [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing, [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

PACER
28

ORDER granting nunc pro tunc [15-1] motion to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum granting [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing, granting [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/13/03) [EOD Date: 1/16/03] (cg, Deputy Clerk) (Entered: 01/16/2003)

Jan. 13, 2003

Jan. 13, 2003

PACER
27

NOTICE OF FILING RETURN OF SERVICE executed for David Rowe on 12/23/02 Answer due on 1/13/03 for David Rowe (at, Deputy Clerk) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

PACER
29

UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] (at, Deputy Clerk) (Entered: 01/23/2003)

Jan. 22, 2003

Jan. 22, 2003

PACER
30

ORDER OF REFERENCE Referring Motion(s) [24-1] motion to dismiss complaint referred to Magistrate Frank J. Lynch, [20-1] motion to dismiss verified complaint referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 1/22/03) [EOD Date: 1/23/03] (at, Deputy Clerk) (Entered: 01/23/2003)

Jan. 22, 2003

Jan. 22, 2003

PACER
31

UNOPPOSED SECOND MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing (at, Deputy Clerk) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
32

ORDER granting [29-1] motion to extend time to 1/31/03 to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] ( Signed by Magistrate Frank J. Lynch on 1/27/03) [EOD Date: 1/29/03] (cg, Deputy Clerk) (Entered: 01/29/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER
33

ORDER granting [31-1] motion to extend time to 2/18/03 to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/29/03) [EOD Date: 1/30/03] (cg, Deputy Clerk) (Entered: 01/30/2003)

Jan. 29, 2003

Jan. 29, 2003

PACER
34

SECOND UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/04/2003)

Feb. 3, 2003

Feb. 3, 2003

PACER
35

NOTICE of Filing Dr Michael W. Fried's Declaration In Support of Their Memorandum by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

PACER
42

ORDER granting [34-1] motion to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction ( Signed by Magistrate Frank J. Lynch on 2/10/03) [EOD Date: 2/25/03] (cg, Deputy Clerk) (Entered: 02/25/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
36

NOTICE of Filing Dr. Michael W. Fried's Original Declaration by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/14/2003)

Feb. 12, 2003

Feb. 12, 2003

PACER
37

MEMORANDUM by Allen Brash in opposition to [24-1] motion to dismiss complaint, [20-1] motion to dismiss verified complaint (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
38

REPLY MEMORANDUM by Allen Brash to response to [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
39

MOTION with memorandum in support by Allen Brash to strike conclusory declaration of Michael W. Fried M.D. (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
40

NOTICE of Filing Rebuttal Declaration of Bennet Cecil by Allen Brash (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
41

REBUTTAL DECLARATION of Bennet Cecil, M.D. by Allen Brash re: [38-1] response reply (at, Deputy Clerk) (Entered: 02/19/2003)

Feb. 18, 2003

Feb. 18, 2003

PACER
43

REPLY by Wexford Health, David Rowe to response to [24-1] motion to dismiss complaint (at, Deputy Clerk) (Entered: 02/27/2003)

Feb. 27, 2003

Feb. 27, 2003

PACER
44

ORDER denying [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction denying [4-1] motion for writ of habeas corpus ad testificandum ( Signed by Magistrate Frank J. Lynch on 3/4/03) [EOD Date: 3/5/03] (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003

March 4, 2003

PACER
45

ORDER denying [39-1] motion to strike conclusory declaration of Michael W. Fried M.D. ( Signed by Magistrate Frank J. Lynch on 3/4/03) [EOD Date: 3/5/03] (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003

March 4, 2003

PACER
46

REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [2-1] motion for preliminary injunction be DENIED. Motion no longer referred. Signed on: 3/4/03 Objections to R and R due by 3/14/03 CCAP (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003

March 4, 2003

PACER
47

REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [20-1] motion to dismiss verified complaint, [24-1] motion to dismiss complaint be DENIED. Motion no longer referred. Signed on: 3/4/03 Objections to R and R due by 3/14/03 CCAP (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003

March 4, 2003

RECAP
48

OPPOSITION by Wexford Health, David Rowe TO [39-1] motion to strike conclusory declaration of Michael Fried M.D. (at, Deputy Clerk) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

PACER
49

OBJECTION by Allen Brash to [46-1] report and recommendations (at, Deputy Clerk) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

PACER
50

OBJECTION by Wexford Health, David Rowe to [47-1] report and recommendations (Former Deputy Clerk) (Entered: 03/21/2003)

March 17, 2003

March 17, 2003

PACER
51

RESPONSE by Allen Brash to [50-1] objection (at, Deputy Clerk) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

PACER
52

RESPONSE by Dept. of Corrections to [49-1] objection to Report and Recommendation Denying Plaintiff's Motion for Preliminary Injunction (at, Deputy Clerk) (Entered: 03/25/2003)

March 24, 2003

March 24, 2003

PACER
53

RESPONSE by Wexford Health, David Rowe to Objections to [46-1] report and recommendations (at, Deputy Clerk) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

PACER
54

REPLY by Allen Brash to Defendants' Responses To Plaintiff's Objections [53-1] report & recommendations response (at, Deputy Clerk) (Entered: 04/03/2003)

April 2, 2003

April 2, 2003

PACER
55

Joint Scheduling Report of Scheduling Meeting by Allen Brash, Wexford Health, David Rowe, Dept. of Corrections (at, Deputy Clerk) (Entered: 04/10/2003)

April 9, 2003

April 9, 2003

PACER
56

EMERGENCY MOTION with memorandum in support by Allen Brash to shorten time to respond to request for production, and to set on expedited track, and for completion of discovery within 90 days, and for set trial date certain within 110 days (at, Deputy Clerk) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

PACER
57

NOTICE of Filing Second Supplemental Declaration of Dr. Cecil In support of plaintiff's motion for preliminary injunction by Allen Brash (at, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
58

SUPPLEMENTAL DECLARATION OF BENNET CECIL, MD by Allen Brash to: [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
59

MOTION by Dept. of Corrections depose incarcerated plaintiff (cg, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
60

NOTICE of Unavailability by Dept. of Corrections for dates of: 5/19/03 thru 5/30/03 (cg, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
61

NOTICE of filing Rule 26(A)(1) initial disclosures by Dept. of Corrections (cg, Deputy Clerk) (Entered: 04/24/2003)

April 23, 2003

April 23, 2003

PACER
62

NOTICE of NON-OBJECTION TO THE DEPARTMENT OF CORRECTIONS MOTION TO DEPOSE INCARCERATED PLAINTIFF by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 04/25/2003)

April 25, 2003

April 25, 2003

PACER
63

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF DEFENDANT MOORE'S MOTION TO DISMISS VERIFIED COMPLAINT AND DEFENDANTS WEXFORD HEALTH SOURCES, INC'S AND DAVID ROWE'S MOTION TO DISMISS PLAINTIFF'S VERIFIED COMPLAINT adopting [47-1] report and recommendations denying [20-1] motion to dismiss verified complaint, denying [24-1] motion to dismiss complaint (Signed by Judge James C. Paine on 4/25/03) [EOD Date: 4/28/03] CCAP (at, Deputy Clerk) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

RECAP
64

MEMORANDUM OF LAW by Wexford Health, David Rowe in opposition to [56-1] motion to shorten time to respond to request for production, [56-2] motion to set on expedited track, [56-3] motion for completion of discovery within 90 days, [56-4] motion for set trial date certain within 110 days (at, Deputy Clerk) (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

PACER
65

ORDER SETTING NON-JURY TRIAL AND DIRECTING PRETRIAL PROCEDURES setting Deadline for filing of all Pretrial Motions by 8/14/03; A non-Jury Trial set for 9:30 a.m. on 10/14/03 Pretrial Stipulation due on or before 9/29/03; Calendar Call set for 9:00 a.m. on 10/2/03; All Discovery must be completed by 7/31/03; (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] CCAP (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
66

ORDER MANDATING MEDIATION referring case to mediation. 15 days to appoint mediator (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
67

ORDER The Magistrate Judge's 3/4/03 [46-1] Report and Recommendations is REVERSED. Plaintiff's [2-1] motion for preliminary injunction is GRANTED. (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] CCAP (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

RECAP
68

MOTION with memorandum in support by Dept. of Corrections in opposition to plaintiff's emergency motion to shorten time to respond to request for production of documents and interrogatories, emergency motion to set expedited track and order completion of discovery within 90 days and motion to set trial date within 110 days (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
69

ORDER granting [59-1] motion depose incarcerated plaintiff ( Signed by Magistrate Frank J. Lynch on 4/29/03) [EOD Date: 5/2/03] (cg, Deputy Clerk) (Entered: 05/02/2003)

April 29, 2003

April 29, 2003

PACER
70

EMERGENCY MOTION by Allen Brash for clarification of [67-1] order (at, Deputy Clerk) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
71

ORDER granting [70-1] motion for clarification of [67-1] order (Signed by Judge James C. Paine on 5/6/03) [EOD Date: 5/8/03] (at, Deputy Clerk) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER
72

OPPOSITION by Wexford Health, David Rowe to [70-1] motion for clarification of [67-1] order (at, Deputy Clerk) (Entered: 05/09/2003)

May 8, 2003

May 8, 2003

PACER
73

Answer and Affirmative Defenses by Wexford Health, David Rowe, (at, Deputy Clerk) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

PACER
74

Answer and affirmative defenses by Dept. of Corrections (cg, Deputy Clerk) (Entered: 05/13/2003)

May 12, 2003

May 12, 2003

PACER
75

NOTICE of selection of Leslie W. Langbein as Mediator by Allen Brash (at, Deputy Clerk) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

PACER
76

RESPONSE by Dept. of Corrections in opposition to [70-1] motion for clarification of [67-1] order (cg, Deputy Clerk) (Entered: 05/20/2003)

May 16, 2003

May 16, 2003

PACER
77

Unopposed MOTION by Dept. of Corrections to extend time to depose incarcerated pltf (cg, Deputy Clerk) (Entered: 05/20/2003)

May 19, 2003

May 19, 2003

PACER
78

MOTION by Wexford Health, David Rowe for protective order, and/or to extend time to respond to plaintiff's discovery requests (at, Deputy Clerk) (Entered: 05/21/2003)

May 21, 2003

May 21, 2003

PACER
79

ORDER denying [56-1] motion to shorten time to respond to request for production, denying [56-2] motion to set on expedited track, denying [56-3] motion for completion of discovery within 90 days, denying [56-4] motion for set trial date certain within 110 days, Court contrues as a response re: [68-1] motion in opposition to plaintiff's emergency motion to shorten time to respond to request for production of documents and interrogatories, emergency motion to set expedited track and order completion of discovery within 90 days and motion to set trial date within 110 days granting [77-1] motion to extend time to depose incarcerated pltf until 7/11/03 ( Signed by Magistrate Frank J. Lynch on 5/21/03) [EOD Date: 5/22/03] (cg, Deputy Clerk) (Entered: 05/22/2003)

May 21, 2003

May 21, 2003

PACER
80

ORDER in re: [78-1] motion for protective order, granting [78-2] motion to extend time for add'l 30 days to respond to plaintiff's discovery requests ( Signed by Magistrate Frank J. Lynch on 5/22/03) [EOD Date: 5/28/03] (cg, Deputy Clerk) (Entered: 05/28/2003)

May 22, 2003

May 22, 2003

PACER
81

NOTICE by Dept. of Corrections to take deposition of Allen Brash 7/1/03 at 1:00 (cg, Deputy Clerk) (Entered: 05/30/2003)

May 29, 2003

May 29, 2003

PACER
82

NOTICE of Filing Consultant Report of Defendants' Gastroenterologist Recommending Plaintiff's Retreatment by Allen Brash (at, Deputy Clerk) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

PACER
83

EMERGENCY MOTION with memorandum in support by Allen Brash to compel responses to first request for production of documents to defendant Michael Moore (at, Deputy Clerk) (Entered: 07/09/2003)

July 8, 2003

July 8, 2003

PACER
84

EMERGENCY MOTION by Allen Brash to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore (at, Deputy Clerk) (Entered: 07/09/2003)

July 8, 2003

July 8, 2003

PACER
85

EMERGENCY MOTION with memorandum in support by Allen Brash for reasonable cause shown for leave to file out of time emergency motions to compel (at, Deputy Clerk) (Entered: 07/09/2003)

July 8, 2003

July 8, 2003

PACER
86

MOTION by Allen Brash, Wexford Health, David Rowe for entry of order (Former Deputy Clerk) (Entered: 07/24/2003)

July 9, 2003

July 9, 2003

PACER
87

MOTION by Allen Brash for order of substitution (at, Deputy Clerk) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
88

EMERGENCY MOTION by Allen Brash for conversion of Preliminary Injunction into a permanent Injunction, or in the alternative for Evidentiary Hearing prior to the entry of a permanent injunction (at, Deputy Clerk) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

PACER
89

ORDER OF REFERENCE Referring Motion(s) [83-1] motion to compel responses to first request for production of documents to defendant Michael Moore referred to Magistrate Frank J. Lynch, [84-1] motion to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore referred to Magistrate Frank J. Lynch, [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 7/10/03) [EOD Date: 7/14/03] (at, Deputy Clerk) (Entered: 07/14/2003)

July 11, 2003

July 11, 2003

PACER
90

MOTION by Dept. of Corrections for entry of order (at, Deputy Clerk) (Entered: 07/16/2003)

July 15, 2003

July 15, 2003

PACER
91

RESPONSE by Dept. of Corrections to [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel (at, Deputy Clerk) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

PACER
96

ORDER granting [83-1] motion to compel responses to first request for production of documents to defendant Michael Moore granting [84-1] motion to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore granting [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel ( Signed by Magistrate Frank J. Lynch on 7/16/03) [EOD Date: 7/18/03] (cg, Deputy Clerk) (Entered: 07/18/2003)

July 16, 2003

July 16, 2003

PACER
92

MEMORANDUM by Allen Brash in opposition to [90-1] motion for entry of order (at, Deputy Clerk) (Entered: 07/17/2003)

July 16, 2003

July 16, 2003

PACER
93

EMERGENCY MOTION with memorandum in support by Dept. of Corrections for protective order regarding deposition (at, Deputy Clerk) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

PACER
97

MEMORANDUM by Allen Brash in opposition to [95-2] motion for protective order regarding deposition of Dianne Rechtine, [94-1] motion for protective order regarding deposition of secretary James V. Crosby, [93-1] motion for protective order regarding deposition (Former Deputy Clerk) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

PACER
94

EMERGENCY MOTION with memorandum in support by Dept. of Corrections for protective order regarding deposition of secretary James V. Crosby (at, Deputy Clerk) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

PACER
95

EMERGENCY MOTION with memorandum in support by Dept. of Corrections to quash subpoena, and for protective order regarding deposition of Dianne Rechtine (at, Deputy Clerk) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

PACER
98

OBJECTION by Wexford Health, David Rowe TO PLAINTIFF'S PROPOSED ORDER ATTACHED TO EMERGENCY MOTION FOR CONVERSION OF PRELIMINARY INJUNCTION INTO A PERMANENT INJUNCTION (at, Deputy Clerk) (Entered: 07/21/2003)

July 18, 2003

July 18, 2003

PACER
99

REPLY by Dept. of Corrections to response to [95-2] motion for protective order regarding deposition of Dianne Rechtine, [94-1] motion for protective order regarding deposition of secretary James V. Crosby, [93-1] motion for protective order regarding deposition (at, Deputy Clerk) (Entered: 07/21/2003)

July 18, 2003

July 18, 2003

PACER
100

OMNIBUS ORDER DENYING DEFENDANT'S EMERGENCY MOTIONS FOR PROTECTIVE ORDER REGARDING DEPOSITION OF SECRETARY JAMES V. CROSBY, JR FOR PROTECTIVE ORDER REGARDING DEPOSITION PURSUANT TO RULE 30(B)(6) AND TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER REGARDING DEPOSITION OF DIANNE RECHTINE denying [94-1] motion for protective order regarding deposition of secretary James V. Crosby, denying [93-1] motion for protective order regarding deposition, denying [95-2] motion for protective order regarding deposition of Dianne Rechtine (Signed by Judge James C. Paine on 7/21/03) [EOD Date: 7/21/03] (at, Deputy Clerk) (Entered: 07/21/2003)

July 21, 2003

July 21, 2003

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 6, 2002

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Florida state inmate infected with Hepatitis C and suffering from cirrhosis, who sought retreatment with Pegylated Interferon and Ribavirin

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wexford Health Source, Inc., Private Entity/Person

Florida Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2003 - None

Issues

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medication, administration of