Case: McCargo v. Vaughn

2:90-cv-06089 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 1, 1990

Clearinghouse coding complete

Case Summary

On October 1, 1990, an individual inmate at the Graterford State Correctional Institute in Pennsylvania filed a pro se complaint against the warden of the prison and all prison correctional officials, under 42 U.S.C. § 1983, in the District Court for the Eastern District of Pennsylvania, asking for declaratory and injunctive relief. The complaint alleged that the prison officials had violated Plaintiff's rights by failing to provide special diets for diabetic inmates, and by denying him and oth…

On October 1, 1990, an individual inmate at the Graterford State Correctional Institute in Pennsylvania filed a pro se complaint against the warden of the prison and all prison correctional officials, under 42 U.S.C. § 1983, in the District Court for the Eastern District of Pennsylvania, asking for declaratory and injunctive relief. The complaint alleged that the prison officials had violated Plaintiff's rights by failing to provide special diets for diabetic inmates, and by denying him and other prisoners access to insulin. On January 28, 1991, this action was joined with the same inmate's action against two stewards and the Culinary Food Manager at the prison, the complaint for that action having been filed on December 14, 1990 in the District Court of the Eastern District of Pennsylvania.

On November 21, 1990, the District Court (Judge John P. Fullam) issued a preliminary injunction directing the prison to establish a system for diabetic inmates to receive special diets and to assure them access to insulin. On September 9, 1991, Judge Fullam issued an order making the injunctive relief permanent, and closing the cases.

On November 22, 1991 Judge Fullam denied Defendants' motion to alter or amend the judgment, stating that the fact that the injunction benefits persons other than the parties to the lawsuit does not give grounds for ateration or amendment.

Summary Authors

Caitlin Howitt (12/2/2011)

People


Judge(s)

Fullam, John Patrick (Pennsylvania)

Attorneys(s) for Defendant

Kuhn, Denise A. (Pennsylvania)

Judge(s)

Fullam, John Patrick (Pennsylvania)

Attorneys(s) for Defendant

Kuhn, Denise A. (Pennsylvania)

Documents in the Clearinghouse

Document

2:90-cv-06089

District Court Docket

Sept. 11, 1991

Sept. 11, 1991

Docket

2:90-cv-07813

District Court Docket

McCargo v. Youse

Sept. 11, 1991

Sept. 11, 1991

Docket
61

2:90-cv-06089

2:90-cv-07813

Memorandum and Order [Denying Defendants' Motion to Alter or Amend the Judgment]

778 F.Supp. 1341

Nov. 22, 1991

Nov. 22, 1991

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

MOTION BY PLAINTIFF ROBERT EARL MCCARGO TO PROCEED IN FORMA PAUPERIS (mk) (Entered: 09/21/1990)

Sept. 21, 1990

Sept. 21, 1990

2

MOTION BY PLAINTIFF ROBERT EARL MCCARGO TO PROCEED IN FORMA PAUPERIS , AND FOR APPOINTMENT OF COUNSEL BRIEF, CERT. OF SERV. (mk) (Entered: 09/27/1990)

Sept. 26, 1990

Sept. 26, 1990

3

MOTION BY PLAINTIFF ROBERT EARL MCCARGO TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER MEMORANDUM, CERTIFICATE OF SERVICE. (mk) (Entered: 09/27/1990)

Sept. 27, 1990

Sept. 27, 1990

4

ORDER GRANTING [2−1] MOTION TO PROCEED IN FORMA PAUPERIS GRANTING [1−1] MOTION TO PROCEED IN FORMA PAUPERIS. COMPLAINT TO BE FILED, SUMMONSES TO ISSUE, SERVICE TO BE MADE ETC. ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/1/90 ENTERED AND COPIES MAILED. (mk) (Entered: 10/01/1990)

Oct. 1, 1990

Oct. 1, 1990

5

Complaint. (mk) (Entered: 10/01/1990)

Oct. 1, 1990

Oct. 1, 1990

Summons(es) issued Forwarded to: U.S. Marshal. USM285 not attached. (mk) (Entered: 10/01/1990)

Oct. 1, 1990

Oct. 1, 1990

6

Affidavit in support of order by PLAINTIFF ROBERT EARL MCCARGO Re: [3−1] MOTION TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER (mk) (Entered: 10/10/1990)

Oct. 9, 1990

Oct. 9, 1990

7

ORDER, PRODUCING THE BODY OF ROBERT EARL MCCARGO, AS−1532 , set MISCELLANEOUS HEARING to 10/31/90 for [3−1] MOTION TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/19/90 ENTERED AND COPIES MAILED. (mk) (Entered: 10/19/1990)

Oct. 18, 1990

Oct. 18, 1990

8

MOTION by PLAINTIFF ROBERT EARL MCCARGO FOR ORDER TO PRODUCE DOCUMENTS CERTIFICATE OF SERVICE. (mk) (Entered: 10/22/1990)

Oct. 22, 1990

Oct. 22, 1990

9

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF GARY WILSON, BE−9008 ON 11/21/90 AT 10:00 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

Oct. 30, 1990

Oct. 30, 1990

10

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF WILLARD BUCKINGHAM AM−3595 ON 11/21/90 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

Oct. 30, 1990

Oct. 30, 1990

11

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF DOUGLAS JACKSON Y−9796 ON 11/21/90 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.30.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

Oct. 30, 1990

Oct. 30, 1990

12

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF BEDLEY WELLS AM−0253 ON 11/21/90 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

Oct. 30, 1990

Oct. 30, 1990

13

ORDER THAT THE WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF ROBERT EARL MCCARGO AS−1532 ON 11/21/90 FOR TRIAl ( SIGNED BY JUDGE JOHN P. FULLAM ) 10.31.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 10/31/1990)

Oct. 30, 1990

Oct. 30, 1990

14

ORDER DENYING [8−1] MOTION FOR ORDER TO PRODUCE DOCUMENTS ( SIGNED BY JUDGE JOHN P. FULLAM ) 11/09/90 ENTERED AND COPIES MAILED. (mk) (Entered: 11/09/1990)

Nov. 8, 1990

Nov. 8, 1990

15

Acknowledgement of service as to DEFENDANT DONALD T. VAUGHN 11/6/90 (lvj) (Entered: 11/20/1990)

Nov. 19, 1990

Nov. 19, 1990

Return of service unexecuted as to DEFENDANT ALL PRISON CORR OFFICIALS on 11/6/90 (lvj) (Entered: 11/20/1990)

Nov. 19, 1990

Nov. 19, 1990

16

Appearance of DENISE A. KUHN for DEFENDANT DONALD T. VAUGHN (lvj) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

17

Answer to Complaint by DEFENDANT DONALD T. VAUGHN (Attorney ), (lvj) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

18

Minute entry: hearing of ll/2l/90 on pla's motion for TRO. (mk) (Entered: 11/27/1990)

Nov. 26, 1990

Nov. 26, 1990

19

Transcript of hearing re: TRO and Preliminary Injunction held on 11/21/90. (kw) (Entered: 12/13/1990)

Dec. 11, 1990

Dec. 11, 1990

21

ORDER THAT THE WARDEN OF STATE CORRECTIONAL INSTITUTION GRATERFORD, PRODUCE THE BODY OF ROBERT E. MCCARGO (AS−1532) ON JANUARY 15, 1991 AT 10:00 TO APPEAR FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 12.14.90 ENTERED AND COPIES MAILED. (lvj) (Entered: 12/14/1990)

Dec. 12, 1990

Dec. 12, 1990

22

Affidavit by PLAINTIFF ROBERT EARL MCCARGO Re: [20−1] in support to MOTION FOR REQUEST OF A CONTEMPT OF COURT HEARING AGAINST DEFTS (mk) (Entered: 12/14/1990)

Dec. 13, 1990

Dec. 13, 1990

23

Affidavit by PLAINTIFF ROBERT EARL MCCARGO Re: problem with getting insulin shots (lvj) (Entered: 01/03/1991)

Jan. 2, 1991

Jan. 2, 1991

24

ORDER THAT WARDEN OF SCI GRATERFORD PRODUCE THE BODY OF ROBERT E. MCCARGO ON 2/12/91 FOR HEARING ETC. ( SIGNED BY JUDGE JOHN P. FULLAM ) 1/10/91 ENTERED AND COPIES MAILED. (mk) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

25

ORDER DATED 2/4/91 THAT THE WARDEN OF SCI GRATERFORD, PRODUCE THE BODY OF BEBLEY C. WELL, JR. (AM−0253) ON 2/12/91 AT 10:00 TO APPEAR FOR TRIAL, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/5/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 02/05/1991)

Feb. 5, 1991

Feb. 5, 1991

26

Minute entry: before Judge John P. Fullam on 2/12/91 re: Hearing on Plff's Motion for Prelim. Injunction; witnessess sworn (lvj) (Entered: 02/14/1991)

Feb. 13, 1991

Feb. 13, 1991

27

Minute entry: hearing resumes 2/13/91 on motion for preliminary injunction − CAV. (mk) (Entered: 02/14/1991)

Feb. 14, 1991

Feb. 14, 1991

28

Statement in Support to Plff's Motion for Preliminary Injunction hearing that was held 2/12/91 and 2/13/91, Affidavit in support (lvj) (Entered: 02/19/1991)

Feb. 19, 1991

Feb. 19, 1991

29

ORDER THAT A TRANSCRIPT OF THE PRELIMINARY INJUNCTION HEARING HELD ON 11/21/90 AND 2/12/91 BE PREPARED AT GOVERNMENT EXPENSE AND DELIVERED TO THE PLAINTIFF ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/21/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 02/21/1991)

Feb. 20, 1991

Feb. 20, 1991

30

MOTION by PLAINTIFF ROBERT EARL MCCARGO FOR AN ORDER COMPELLING DISCOVERY (lvj) (Entered: 03/01/1991)

Feb. 28, 1991

Feb. 28, 1991

31

MOTION by PLAINTIFF ROBERT EARL MCCARGO FOR A REQUEST TO BE TRANSFERED DUE TO REPEATED REPRISALS OF RETALIATION BECAUSE OF PENDING LAWSUITS, UNDER PRELIMINARY INJUNCTION MEMORANDUM, CERTIFICATE OF SERVICE. (lvj) (Entered: 03/01/1991)

Feb. 28, 1991

Feb. 28, 1991

32

Affidavit by PLAINTIFF ROBERT EARL MCCARGO Re: assault and further retaliation by guards as was threaten to be carried out as I testified in court on 2/12/91. Now it has happen and everything else as they said it would happen to me after court date. (lvj) (Entered: 03/04/1991)

March 1, 1991

March 1, 1991

33

MOTION by PLAINTIFF ROBERT EARL MCCARGO OF REQUEST FOR COURT TO ORDER THE TAKING OF DEPOSITION UPON WRITTEN INTERROGATORIES TO DEFTS AND A ORDER FOR PRODUCTION OF DEPOSITION CERTIFICATE OF SERVICE. (lvj) (Entered: 03/08/1991)

March 7, 1991

March 7, 1991

34

MOTION BY PLAINTIFF ROBERT EARL MCCARGO FOR APPOINTMENT OF COUNSEL MEMORANDUM, AFFIDAVIT IN SUPPORT, CERTIFICATE OF SERVICE. (mk) (Entered: 03/13/1991)

March 12, 1991

March 12, 1991

35

Transcript for Plff's motion for TRO and Preliminary Injunction on November 21, 1990 (sj) (Entered: 03/26/1991)

March 26, 1991

March 26, 1991

37

Transcript for Plff's motion for preliminary injunction on February 13, 1991 (sj) (Entered: 03/26/1991)

March 26, 1991

March 26, 1991

38

MOTION BY PLAINTIFF ROBERT EARL MCCARGO FOR AN ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION , MEMORANDUM, CERTIFICATION OF SERVICE, AFFIDAVITS. (fe) (Entered: 06/17/1991)

June 13, 1991

June 13, 1991

39

Statement by PLAINTIFF ROBERT EARL MCCARGO regarding medical documents and proof of past history of asthma and ongoing proof of denial of insulin. (gm) (Entered: 07/11/1991)

July 10, 1991

July 10, 1991

40

ORDER THAT PLFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IS DENIED AS MOOT, AS THE ISSUES WERE DISPOSED OF AT AN EARLIER HEARING ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

41

REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR A WITNESS ( INMATE ANTAR SHANNON) TO BE SUBPOENA FOR FINAL HEARING (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

42

ORDER THAT THE WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD PRODUCE BEFORE THIS COURT THE BODY OF ANTAR SHANNON ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

43

REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR A WITNESS (TROY HANCOCK) TO BE SUBPOENA FOR FINAL HEARING . (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

44

ORDER THAT THE WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD PRODUCE BEFORE THIS COURT THE BODY OF TROY HANCOCK ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

45

REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR A WITNESS (BEBLEY C. WELL JR.,) TO BE SUBPOENA FR FINAL HEARING . (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

46

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF BEBLEY C. WELL JR., ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

47

Plaintiffs' Request for a witness to be subpoena for final hearing. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

48

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF GEORGE BUTLER ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

49

Request for a witness (Aaron Helms Jr.) to be subpoena for final hearing. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

50

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF AARON HELSM, JR., ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC.,( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

51

MOTION AND ALSO REQUEST BY PLAINTIFF ROBERT EARL MCCARGO FOR SUBPOENA TO BE ISSUED FOR INMATE (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

53

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF ROBERT EARL MCCARGO ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/14/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

54

Plaintiffs' Request for a witness (Edward L. Van Dyke Jr.,) to be subpoena for final hearing. (lvj) (Entered: 08/15/1991)

Aug. 13, 1991

Aug. 13, 1991

55

ORDER THAT THE WARDEN OF THE SCI AT GRATERFORD PRODUCE THE BODY OF EDWARD L. VAN DYKE, JR., ON 9/9/91 AT 10:00 TO APPEAR FOR TESTIMONY, ETC., ( SIGNED BY JUDGE JOHN P. FULLAM ) 8/15/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 08/15/1991)

Aug. 13, 1991

Aug. 13, 1991

56

Minute entry: of final hearing held on 9/9/91. (fe) (Entered: 09/11/1991)

Sept. 11, 1991

Sept. 11, 1991

57

INJUNCTIVE ORDER PREVIOUSLY ENTERED IS LEFT IN EFFECT, BUT IS MADE PERMANENT. THESE CASES ARE CLOSED FOR ADMINISTRATVE PURPOSES BY THIS PERMANENT INJUNCTION. (SIGNED BY JUDGE JOHN P. FULLAM) 9/11/91 ENTERED AND COPIES MAILED. (fe) (Entered: 09/11/1991)

Sept. 11, 1991

Sept. 11, 1991

Case closed (kv) (Entered: 09/12/1991)

Sept. 11, 1991

Sept. 11, 1991

58

MOTION BY MOVANT GEORGE A. BUTLER FOR CONTEMPT OF PRELIMINARY INJUNCTION AND A PLEA FOR HELP . (fe) (Entered: 09/12/1991)

Sept. 12, 1991

Sept. 12, 1991

59

ORDER THAT [58−1] MOTION FOR CONTEMPT OF PRELIMINARY INJUNCTION AND A PLEA FOR HELP IS DENIED AND STRICKEN FROM THE DOCKET. ( SIGNED BY JUDGE JOHN P. FULLAM ) 9/18/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 09/18/1991)

Sept. 17, 1991

Sept. 17, 1991

60

MOTION BY DEFENDANT ALL PRISON CORR OFF, DEFENDANT DONALD T. VAUGHN TO ALTER , OR TO AMEND JUDGMENT , MEMORANDUM OF LAW IN SUPPORT, CERTIFICATE OF SERVICE. (lvj) (Entered: 09/19/1991)

Sept. 18, 1991

Sept. 18, 1991

Transcript for Final Hearing of 9/9/91. (lvj) (Entered: 09/23/1991)

Sept. 23, 1991

Sept. 23, 1991

Letter and acknowledgement receipt re: Return of defendant's trial exhibits (90−5398). (fe) (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

Letter and acknowledgement of receipt re: Return of Plaintiff's trial exhibits (90−5398). (fe) (Entered: 11/19/1991)

Nov. 18, 1991

Nov. 18, 1991

61

MEMORANDUM AND ORDER DENYING [60−1] MOTION TO ALTER DENYING [60−2] MOTION TO AMEND JUDGMENT ( SIGNED BY JUDGE JOHN P. FULLAM ) 11/25/91 ENTERED AND COPIES MAILED. (lvj) (Entered: 11/25/1991)

Nov. 22, 1991

Nov. 22, 1991

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 1, 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a diabetic inmate at the Graterford State Correctional Institute in Pennsylvania

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Warden, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Food service / nutrition / hydration

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run