Case: Cobbs v. Pramstaller

1:07-cv-14644 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 30, 2007

Clearinghouse coding complete

Case Summary

On October 30, 2007, a state prison inmate filed a §1983 lawsuit against the Chief Medical Officer of the Michigan Department of Corrections' Bureau of Health Care Services and three unnamed individual members of the Medical Services Advisory Committee (MSAC). The plaintiff, who originally filed pro se but was later represented by the University of Michigan Law School General Clinic, sought declarative, monetary, and injunctive relief, claiming that the defendants acted with deliberate indiffe…

On October 30, 2007, a state prison inmate filed a §1983 lawsuit against the Chief Medical Officer of the Michigan Department of Corrections' Bureau of Health Care Services and three unnamed individual members of the Medical Services Advisory Committee (MSAC). The plaintiff, who originally filed pro se but was later represented by the University of Michigan Law School General Clinic, sought declarative, monetary, and injunctive relief, claiming that the defendants acted with deliberate indifference to the plaintiff's serious medical needs when they repeatedly denied his request for cataract surgery. Specifically, the plaintiff claimed that after he received cataract surgery in his right eye in August 2004, defendants repeatedly denied his request for the same surgery in his left eye for several years, until he was finally given the surgery on April 14, 2008.

Plaintiff was incarcerated in a Michigan state prison at the time of the complaint and throughout the litigation. The state of Michigan contracts with Correctional Medical Services (CMS) which provides primary-care services to state inmates. If an inmate's primary care physician writes a referral to a specialist, CMS is responsible for comparing the referral to the MDOC criteria for provision of off-site specialty care. If CMS denies the referral, the primary care provider can appeal the decision by arguing that the referral was warranted in his/her best medical judgment. The appeal would not reach an MDOC officer until after a second appeal by the primary care physician. The MDOC officer would submit that appeal to the chief medical officer, who would then take it to the MSAC for a decision.

On August 30, 2004, plaintiff received surgery on his right eye. The physician who performed the surgery requested that plaintiff be returned in six weeks for surgery on the left eye. Plaintiff claimed that over the next four years, 16 separate requests for the surgery were denied and that each optometrist, doctor and ophthalmologist who examined the plaintiff said that he needed the surgery. (Appellate Brief, 2) Plaintiff finally received the surgery on his left eye on April 14, 2008.

On June 10, 2008, plaintiff filed an Amended Complaint dropping state agency defendants with Eleventh Amendment immunity and adding individual MSAC members. He also added CMS as well as two physicians who served as CMS's Michigan medical directors.

At two points, in 2008 and 2009, various defendants filed motions for summary judgment based on the doctrine of qualified immunity. Both times, the magistrate judge [Charles Binder] filed a Report and Recommendation recommending that those motions be denied. Both times, the district court [Judge Anna Diggs Taylor] adopted the magistrate judge's recommendation and denied the motions.

The defendant Chief Medical Officer of MDOC filed an interlocutory appeal, on August 25, 2010, of the district court's denial of his motion for summary judgment based on qualified immunity. On April 10, 2010, the U.S. Court of Appeals for the 6th Circuit [Circuit Judge Deborah L. Cook] issued an opinion reversing the district court. The court applied a two-step test to qualified immunity claims in deliberate-indifference cases, determining 1) whether, based upon the applicable law, a constitutional violation has occurred; and 2) whether that violation involved a clearly established constitutional right. The court also asked whether plaintiff could prove two elements to prevail on his claim: first, that he suffered from a "sufficiently serious" medical need, and second, that the defendant acted with a "sufficiently culpable state of mind." The court found that the plaintiff proved the first element but not the second. The court found that defendant may not have been aware of the seriousness of plaintiff's condition based on the medical reports, and that the provision of care that plaintiff did receive was based on defendant's medical judgment, not on deliberate indifference.

On May 30, 2012, the district court entered an order granting summary judgment in favor of Defendant Chief Medical Officer of MDOC. On September 19, 2012, the parties stipulated to the entry of an order dismissing the case with prejudice, and with no award by the Court of costs or attorneys' fees. On September 21, 2012, the court dismissed the lawsuit.

Summary Authors

Elizabeth Daligga (6/6/2012)

Priyah Kaul (11/18/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4958840/parties/cobbs-v-pramstaller/


Judge(s)

Binder, Charles E. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Ludington, Thomas Lamson (Michigan)

Taylor, Anna Katherine Johnston Diggs (Michigan)

Attorneys(s) for Plaintiff

Reingold, Paul (Michigan)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Chapman, Ronald W. (Michigan)

Cox, Michael A. (Michigan)

Dean, Michael R. (Michigan)

Judge(s)

Binder, Charles E. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Ludington, Thomas Lamson (Michigan)

Taylor, Anna Katherine Johnston Diggs (Michigan)

Attorneys(s) for Plaintiff

Reingold, Paul (Michigan)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Chapman, Ronald W. (Michigan)

Cox, Michael A. (Michigan)

Dean, Michael R. (Michigan)

Farrell, James T. (Michigan)

Juip, Randall A. (Michigan)

Pignotti, Anthony D. (Michigan)

Purnell, Adam (Michigan)

Restuccia, B. Eric (Michigan)

Richtarcik, Brian J. (Michigan)

Schneider, Clifton B. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 21, 2012 Docket
1

Prisoner Civil Rights Complaint

Oct. 30, 2007 Complaint
38

First Amended Complaint

June 10, 2008 Complaint
66

MDOC Defendants' Motion for Summary Judgment

Sept. 12, 2008 Pleading / Motion / Brief

Plaintiff's Brief in Opposition to MDOC Defendants' Motion for Summary Judgment

Oct. 17, 2008 Pleading / Motion / Brief
75

Defendants Pramstaller, Naylor, Pandya, Clark, and Neighbor's Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment

Oct. 27, 2008 Pleading / Motion / Brief
77

Magistrate Judge's Report and Recommendation on MDOC Defendants' Motion for Summary Judgment

Dec. 5, 2008 Magistrate Report/Recommendation
82

Order Accepting Magistrate's Report and Recommendation

2009 WL 368248

Feb. 12, 2009 Order/Opinion
86

Defendants, Craig Hutchinson, M.D. and Bency Mathai, M.D.'s Motion to Dismiss Pursuant to 42 U.S.C. § 1997e(a) and Fed. R. Civ. P. 12(b)(6)

May 19, 2009 Pleading / Motion / Brief
88

Plaintiff's Brief in Opposition to CMS Defendants' (Hutchinson and Mathai's) Motion to Dismiss

June 11, 2009 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4958840/cobbs-v-pramstaller/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Dallas Cobbs against defendants. (DPer) (Entered: 10/31/2007)

Oct. 30, 2007 PACER
2

APPLICATION to proceed without prepayment of fees by Dallas Cobbs. (DPer) (Entered: 10/31/2007)

Oct. 30, 2007 PACER
3

[ORDER Referring Pretrial Matters to Magistrate Judge Charles E Binder]. Signed by Honorable Anna Diggs Taylor. (JCur) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
4

ORDER granting 2 Application to Proceed Without Prepayment of Fees and Directing Payment of an Initial Partial Filing Fee in the amount of $20.00 and subsequent payments, And Directing Service. Signed by Magistrate Judge Binder. (JBro) (Entered: 11/15/2007)

Nov. 15, 2007 PACER

Remark: documents given to USM this date for service on Defendant Pramstaller. (JBro)

Nov. 15, 2007 PACER
5

ORDER Regarding Identification of John Doe Defendants. Signed by Magistrate Judge Binder. (JBro) (Entered: 11/28/2007)

Nov. 28, 2007 PACER
7

Summons Returned Unexecuted as to George J Pramstaller. (JCur) (Entered: 11/30/2007)

Nov. 28, 2007 PACER
6

FEE Received in the amount of $20.00 for initial partial payment by Dallas Cobbs - Receipt No. 21125-BC (DHam) (Entered: 11/29/2007)

Nov. 29, 2007 PACER

Remark: new documents prepared and given to USM this date for 2nd attempt at service on Defendant Pramstaller. (JBro)

Dec. 5, 2007 PACER

Remark: USM advised Court today that the documents for Defendant Pramstaller were re-mailed on 11/20, the replacement documents were not needed. (JBro)

Dec. 6, 2007 PACER
8

WAIVER OF SERVICE Returned Executed. George J Pramstaller waiver sent on 11/16/2007, answer due 1/15/2008. (RHut) (Entered: 12/06/2007)

Dec. 6, 2007 PACER
9

NOTICE of Appearance by Clifton B. Schneider on behalf of George J Pramstaller. (Schneider, Clifton) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
10

MOTION for Preliminary Injunction by Dallas Cobbs. (ATee) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
11

MOTION to Stay Discovery, Brief in Support and Certificate of Service by George J Pramstaller. (Schneider, Clifton) (Entered: 01/09/2008)

Jan. 9, 2008 PACER
12

MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service by George J Pramstaller. (Attachments: # 1 Exhibit A, Affidavit of Dr. George Pramstaller) (Schneider, Clifton) (Entered: 01/15/2008)

Jan. 15, 2008 PACER
13

NOTICE Requesting Response to 12 MOTION for Summary Judgment : see image for details. (JBro) Additional attachment(s) added on 1/18/2008 (Broucek, J.). (Entered: 01/18/2008)

Jan. 18, 2008 PACER
14

NOTICE of Correction regarding entry #13. (JBro) (Entered: 01/18/2008)

Jan. 18, 2008 PACER
15

RESPONSE to 10 MOTION for Preliminary Injunction filed by George J Pramstaller. (Schneider, Clifton) (Entered: 01/28/2008)

Jan. 28, 2008 PACER
16

MOTION for Extension of Time to File Responsive Pleading by Dallas Cobbs. (LHac) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
17

MOTION to Stay Defendant's 12 MOTION for Summary Judgment Under FRCP 56(B) Pending Limited Discovery by Dallas Cobbs. (LHac) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
18

CERTIFICATE OF SERVICE by Dallas Cobbs re 17 MOTION to Stay re 12 MOTION for Summary Judgment Under FRCP 56(B) and 16 MOTION for Extension of Time to File Responsive Pleading (LHac) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
19

MOTION for Leave to File Amended Complaint by Dallas Cobbs. (SSch) (Entered: 02/27/2008)

Feb. 27, 2008 PACER
20

MOTION for Enlargement of Time to Effect Process by Dallas Cobbs. (SSch) (Entered: 02/27/2008)

Feb. 27, 2008 PACER
21

CERTIFICATE OF SERVICE by Dallas Cobbs (SSch) (Entered: 02/27/2008)

Feb. 27, 2008 PACER
22

MOTION to supplement plaintiff's motion for preliminary injunction by Dallas Cobbs. (RHut) (Entered: 03/07/2008)

March 7, 2008 PACER
23

MOTION for Summary Judgment Brief in Support, Exhibit A and Certificate of Service by George J Pramstaller. (Attachments: # 1 Exhibit A, Consultation Request) (Schneider, Clifton) (Entered: 03/25/2008)

March 25, 2008 PACER
24

ORDER of Assignment of Counsel. [see image for details] Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 03/27/2008)

March 27, 2008 PACER
25

NOTICE of Telephone Conference with Magistrate Judge Binder: see image for details. (JBro) (Entered: 03/27/2008)

March 27, 2008 PACER
26

MOTION to Withdraw 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service Motion to Withdraw, Brief in Support and Certificate of Service by George J Pramstaller. (Schneider, Clifton) (Entered: 03/27/2008)

March 27, 2008 PACER
27

ATTORNEY APPEARANCE: Paul D. Reingold appearing on behalf of Dallas Cobbs (Reingold, Paul) (Entered: 03/31/2008)

March 31, 2008 PACER
28

ATTORNEY SUBSTITUTION for George J Pramstaller: Cori E. Barkman added. Attorney Clifton B. Schneider terminated. (Barkman, Cori) (Entered: 04/04/2008)

April 4, 2008 PACER

Minute Entry - status conference held by telephone on 4/10/2008 with Magistrate Judge Charles E Binder. (JBro)

April 10, 2008 PACER

TEXT-ONLY ORDER on 19 MOTION for Leave to File filed by Dallas Cobbs: counsel withdrew this motion during status conference held 4/10/08. Signed by Magistrate Judge Charles E Binder. (JBro)

April 11, 2008 PACER
29

NOTICE by George J Pramstaller of withdrawal of 26 MOTION to Withdraw 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service Motion to Withdraw, Brief in Support and Certificate of Service MOTION to Withdraw 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service Motion to Withdraw, Brief in Support and Certificate of Service, 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service, 23 MOTION for Summary Judgment Brief in Support, Exhibit A and Certificate of Service. (Barkman, Cori) (Entered: 04/11/2008)

April 11, 2008 PACER
30

ORDER granting 20 Motion to enlarge time to effect process. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

April 14, 2008 PACER
31

ORDER denying as moot 16 Motion for Extension of Time to Answer. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

April 14, 2008 PACER
32

ORDER granting 11 Motion to Stay Discovery. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

April 14, 2008 PACER
33

ORDER denying 17 Motion to Stay. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

April 14, 2008 PACER
34

NOTICE by Dallas Cobbs of withdrawal of 22 MOTION to supplement plaintiff's motion for preliminary injunction, 10 MOTION for Preliminary Injunction. (Reingold, Paul) (Entered: 04/14/2008)

April 14, 2008 PACER
35

REQUEST Plaintiff's request for identification of John Does by Dallas Cobbs. (Reingold, Paul) (Entered: 04/15/2008)

April 15, 2008 PACER
36

ORDER For Further Proceedings: dispositive motion due 6/2/08; response due 7/2/08; reply due 7/16/08. [see image for further details]. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/22/2008)

April 22, 2008 PACER
37

ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT AND LIFTING STAY. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 06/04/2008)

June 4, 2008 PACER
38

AMENDED COMPLAINT with Jury Demand filed by Dallas Cobbs against all defendants. (Reingold, Paul) (Entered: 06/10/2008)

June 10, 2008 PACER

REQUEST for SUMMONS for Craig Hutchinson, William Borgerding, Marcella Clark, James Dillon, Roldert Fischre, Keith Ivens, Gregory Naylor, Bency Mathai, Bonita Davis Neighbors, Walter Ormes, Haresh Pandya, Chris Samy, Correctional Medical Services. (Reingold, Paul)

June 10, 2008 PACER
39

SUMMONS Issued for *Craig Hutchinson, William Borgerding, Marcella Clark, James Dillon, Roldert Fischre, Keith Ivens, Gregory Naylor, Bency Mathai, Bonita Davis Neighbors, Walter Ormes, Haresh Pandya, Chris Samy, Correctional Medical Services* (ATee) (Entered: 06/13/2008)

June 13, 2008 PACER

Remark: documents given to U.S. Marshal this date for service of 1st Amended Complaint on defendants. (JBro)

June 20, 2008 PACER
40

WAIVER OF SERVICE Returned Executed. Chris Samy waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/01/2008)

June 30, 2008 PACER
41

WAIVER OF SERVICE Returned Executed. Craig Hutchinson waiver sent on 6/30/2008, answer due 8/29/2008. (Richtarcik, Brian) (Entered: 07/03/2008)

July 3, 2008 PACER
42

WAIVER OF SERVICE Returned Executed. Correctional Medical Services waiver sent on 6/30/2008, answer due 8/29/2008. (Richtarcik, Brian) (Entered: 07/03/2008)

July 3, 2008 PACER
43

NOTICE of Appearance by Ronald W. Chapman on behalf of Craig Hutchinson, Correctional Medical Services. (Chapman, Ronald) (Entered: 07/03/2008)

July 3, 2008 PACER
44

NOTICE of Appearance by Brian J. Richtarcik on behalf of Craig Hutchinson, Correctional Medical Services. (Richtarcik, Brian) (Entered: 07/03/2008)

July 3, 2008 PACER
45

WAIVER OF SERVICE Returned Executed. William Borgerding waiver sent on 6/25/2008, answer due 8/25/2008. (DHam) (Entered: 07/07/2008)

July 7, 2008 PACER
46

WAIVER OF SERVICE Returned Executed. Marcella Clark waiver sent on 6/25/2008, answer due 8/25/2008. (DHam) (Entered: 07/07/2008)

July 7, 2008 PACER
47

WAIVER OF SERVICE Returned Executed. Craig Hutchinson waiver sent on 6/24/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

July 8, 2008 PACER
48

WAIVER OF SERVICE Returned Executed. Walter Ormes waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

July 8, 2008 PACER
49

WAIVER OF SERVICE Returned Executed. Correctional Medical Services waiver sent on 6/24/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

July 8, 2008 PACER
50

WAIVER OF SERVICE Returned Executed. Haresh Pandya waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

July 8, 2008 PACER
51

WAIVER OF SERVICE Returned Executed. Gregory Naylor waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/14/2008)

July 14, 2008 PACER
52

NOTICE of Appearance by Cori E. Barkman on behalf of Marcella Clark, Gregory Naylor, Walter Ormes, Haresh Pandya, George J Pramstaller. (Barkman, Cori) (Entered: 07/14/2008)

July 14, 2008 PACER
53

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Marcella Clark, Gregory Naylor, Walter Ormes, Haresh Pandya, George J Pramstaller. (Barkman, Cori) (Entered: 08/11/2008)

Aug. 11, 2008 PACER
54

NOTICE to Submit Dispositive Motion: see image for details. (JBro) (Entered: 08/12/2008)

Aug. 12, 2008 PACER
55

WAIVER OF SERVICE Returned Executed. Roldert Fischre waiver sent on 6/25/2008, answer due 8/25/2008. (KGeh) (Entered: 08/19/2008)

Aug. 18, 2008 PACER
56

ANSWER to Amended Complaint by Craig Hutchinson, Bency Mathai, Correctional Medical Services. (Richtarcik, Brian) (Entered: 08/19/2008)

Aug. 19, 2008 PACER
57

DEMAND for Trial by Jury by Craig Hutchinson, Bency Mathai, Correctional Medical Services (Richtarcik, Brian) (Entered: 08/19/2008)

Aug. 19, 2008 PACER
58

AFFIRMATIVE DEFENSES by Craig Hutchinson, Bency Mathai, Correctional Medical Services (Richtarcik, Brian) (Entered: 08/19/2008)

Aug. 19, 2008 PACER
59

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Correctional Medical Services (Richtarcik, Brian) (Entered: 08/19/2008)

Aug. 19, 2008 PACER
60

NOTICE To Submit Dispositive Motion: see image for details. (JBro) (Entered: 08/20/2008)

Aug. 20, 2008 PACER
61

ATTORNEY APPEARANCE: Mark V. Schoen appearing on behalf of James Dillon, Roldert Fischre (Schoen, Mark) (Entered: 08/28/2008)

Aug. 28, 2008 PACER
62

MOTION re 37 Order Lifting Stay, 60 Notice (Other) for Limited Discovery by Dallas Cobbs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex A Approval of Cataract Surgery, # 3 Exhibit Ex B Plaintiff's Interrogatories, # 4 Exhibit Ex C Plaintiff's Request for Documents, # 5 Exhibit Ex D Plaintiff's Request for Admissions) (Reingold, Paul) (Entered: 08/29/2008)

Aug. 29, 2008 PACER
63

WAIVER OF SERVICE Returned Executed. Bonita Davis Neighbors waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 09/05/2008)

Sept. 4, 2008 PACER
64

NOTICE of Appearance by Cori E. Barkman on behalf of Bonita Davis Neighbors. (Barkman, Cori) (Entered: 09/10/2008)

Sept. 10, 2008 PACER
65

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by James Dillon, Roldert Fischre. (Schoen, Mark) (Entered: 09/11/2008)

Sept. 11, 2008 PACER
66

MOTION for Summary Judgment by Marcella Clark, Gregory Naylor, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller. (Attachments: # 1 Exhibit A - Aff of Tate) (Barkman, Cori) (Entered: 09/12/2008)

Sept. 12, 2008 PACER
67

ATTORNEY SUBSTITUTION for Marcella Clark, Gregory Naylor, Walter Ormes, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller: Clifton B. Schneider added. Attorney Cori E. Barkman terminated. (Schneider, Clifton) (Entered: 09/22/2008)

Sept. 22, 2008 PACER
68

STIPULATION AND ORDER to Dismiss Defendant Ormes without prejudice, and without costs or attorney fees. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: 09/23/2008)

Sept. 23, 2008 PACER
69

ORDER granting 62 Motion to allow limited discovery. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 10/10/2008)

Oct. 10, 2008 PACER
70

RESPONSE to 69 Order on Motion for Miscellaneous Relief by Marcella Clark, Gregory Naylor, Haresh Pandya, George J Pramstaller. (Attachments: # 1 Exhibit 1 - Dfts POS dated 092408, # 2 Exhibit 2 - Dfts POS dated 100108) (Schneider, Clifton) (Entered: 10/13/2008)

Oct. 13, 2008 PACER
71

RESPONSE to 66 MOTION for Summary Judgment filed by Dallas Cobbs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit EX A Declaration of Cobbs, # 3 Exhibit EX B Declaration of Dr. Sugar, # 4 Exhibit EX C Medical Records, # 5 Exhibit EX D Cobbs Health Care Requests, # 6 Exhibit EX E Cobbs Grievances and Responses, # 7 Exhibit EX F MDOC Policy Statements) (Reingold, Paul) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
72

INDEX of Exhibits re 66 MOTION for Summary Judgment, 71 Response to Motion, by Dallas Cobbs (Attachments: # 1 Exhibit EX G Cook v Martin, # 2 Exhibit EX H Castillo v Dashiell, # 3 Exhibit EX I Titlow v Corrections Medical Services) (Reingold, Paul) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
73

NOTICE of Telephone Status Conference: see image for details. (JBro) (Entered: 10/17/2008)

Oct. 17, 2008 PACER

Minute Entry - status conference held by phone on 10/23/2008 with Magistrate Judge Charles E Binder. (JBro)

Oct. 23, 2008 PACER
74

ORDER For Further Proceedings: see image for details. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 10/24/2008)

Oct. 24, 2008 PACER
75

REPLY to Response re 66 MOTION for Summary Judgment and Certificate of Service filed by Marcella Clark, Gregory Naylor, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller. (Schneider, Clifton) (Entered: 10/27/2008)

Oct. 27, 2008 PACER
76

Amended ORDER For Further Proceedings. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 11/14/2008)

Nov. 14, 2008 PACER
77

REPORT AND RECOMMENDATION That 66 MOTION for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella Clark be GRANTED as to request for injunctive relief; DENIED in all other respects. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 12/05/2008)

Dec. 5, 2008 RECAP
78

PROTECTIVE ORDER signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
79

OBJECTION to 77 Report and Recommendation by Marcella Clark, Gregory Naylor, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller. (Schneider, Clifton) (Entered: 12/19/2008)

Dec. 19, 2008 PACER
80

RESPONSE to 79 Objection to Report and Recommendation, 77 REPORT AND RECOMMENDATION re 66 MOTION for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella ClarkREPORT AND RECOMMENDATION re 66 MOTION for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella Clark by Dallas Cobbs. (Reingold, Paul) (Entered: 12/23/2008)

Dec. 23, 2008 PACER
81

ATTORNEY SUBSTITUTION for James Dillon, Roldert Fischre: Adam Purnell added. Attorney Mark V. Schoen terminated. with Cert. of Service (Purnell, Adam) (Entered: 02/02/2009)

Feb. 2, 2009 PACER
82

ORDER Adopting 77 Report and Recommendation that 66 Motion for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella Clark, be GRANTED as to request for injunctive relief; DENIED in all other respects. 77 Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: 02/12/2009)

Feb. 12, 2009 RECAP
83

NOTICE of Telephone Conference with Magistrate Judge Binder: see image for details. (JBro) (Entered: 02/13/2009)

Feb. 13, 2009 PACER
84

ATTORNEY APPEARANCE: James T. Farrell appearing on behalf of James Dillon, Roldert Fischre (Farrell, James) (Entered: 03/03/2009)

March 3, 2009 PACER
85

ORDER Setting Deadlines: see image for details. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 03/18/2009)

March 18, 2009 PACER

Minute Entry - status conference held by telephone on 4/17/2009 with Magistrate Judge Charles E Binder. (JBro)

April 17, 2009 PACER
86

MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) by Craig Hutchinson, Bency Mathai. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Affidavit of James Armstrong, # 3 Exhibit Attachment 1 - MDOC Policy Directive 03.02.130 (December 19, 2003 version), # 4 Exhibit Attachment 2 - MDOC Grievance Inquiry Screen for Dallas Cobbs, #164276, # 5 Exhibit Attachment 3 - Grievance RRF-2004-12-1151-12z, # 6 Exhibit Attachment 4 - Grievance RRF-2006-11-757-12g, # 7 Exhibit B - Sullivan v Kasajaru case) (Richtarcik, Brian) (Entered: 05/19/2009)

May 19, 2009 PACER
87

NOTICE Requesting Response to 86 MOTION to Dismiss : see image for details. (JBro) (Entered: 05/26/2009)

May 26, 2009 PACER
88

RESPONSE to 86 MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) filed by Dallas Cobbs. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Ex 1 Cobbs Grievances & Responses, # 3 Exhibit Ex 2 MDOC Policy 03.02.130, # 4 Exhibit Ex 3 Cobbs Letters, # 5 Exhibit Ex 4 ID of John Doe Defs, # 6 Exhibit Ex 5 Grear v Gelabert) (Reingold, Paul) (Entered: 06/11/2009)

June 11, 2009 PACER
89

Notice of Filing FEE Paid in Full (DEld) (Entered: 06/18/2009)

June 17, 2009 PACER
90

STIPULATION AND ORDER Dismissing Defendants James Dillon and Roldert Fischre without prejudice. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: 06/24/2009)

June 24, 2009 PACER
91

REPLY to Response re 86 MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) filed by Craig Hutchinson, Bency Mathai. (Richtarcik, Brian) (Entered: 06/25/2009)

June 25, 2009 PACER

State / Territory: Michigan

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Oct. 30, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner in the custody of the Michigan Department of Corrections.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Michigan Clinical Law Program

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Department of Corrections, State

Medical Services Advisory Committee, State

Correctional Medical Services, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Affected Gender:

Male

Disability:

Visual impairment

Medical/Mental Health:

Medical care, general

Medication, administration of

Vision care

Type of Facility:

Government-run