Case: Nunes v. UMass Correctional Health

1:10-cv-12013 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 22, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 22, 2010, HIV-positive prisoners incarcerated by the Massachusetts Department of Corrections ("DOC") filed a lawsuit against UMass Correctional Health and the Massachusetts DOC. They brought the case in the U.S. District Court for the District of Massachusetts under 42 U.S.C. § 1983; the Rehabilitation Act, 29 U.S.C. § 794, et seq.; and the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq. The plaintiffs, represented by Massachusetts Prisoners' Legal Services, asked the Co…

On November 22, 2010, HIV-positive prisoners incarcerated by the Massachusetts Department of Corrections ("DOC") filed a lawsuit against UMass Correctional Health and the Massachusetts DOC. They brought the case in the U.S. District Court for the District of Massachusetts under 42 U.S.C. § 1983; the Rehabilitation Act, 29 U.S.C. § 794, et seq.; and the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq. The plaintiffs, represented by Massachusetts Prisoners' Legal Services, asked the Court for declaratory and injunctive relief, claiming that the state's policies related to the distribution of HIV medications constituted cruel and unusual punishment, in violation of the Eighth Amendment, and a denial of equal protection and the right to privacy, in violation of the Fourteenth Amendment.

For many years prior to this lawsuit, prisoners in the Massachusetts DOC were able to keep their medications in their cells. This "Keep on Person" ("KOP") program enabled HIV-positive prisoners to take their medications consistently and privately. When UMass Correctional Health - an arm of the University of Massachusetts Medical School hired by the DOC to provide health services to prisoners - terminated the KOP program, HIV-positive prisoners were required to go to the "med line" at their prison's health services unit for each dose of medicine. No other medications were removed from the KOP program. Plaintiffs claimed that the removal of HIV medication from the KOP program has hindered plaintiffs' access to their needed medications and, as a result, has increased the risk for error, contagion, infection, breach of privacy, and the exacerbation of existing illnesses.

On October 3, 2013, District Judge Rya Zobel granted defendants' motion for summary judgment on all claims. 2013 WL 5505364 (D. Mass 2013). On plaintiffs' appeal, on September 12, 2014, the U.S. Court of Appeals for the First Circuit, Judges Kayatta, Baldock (sitting by designation), and Selya, affirmed the grant of summary judgment in an opinion by Judge Kayatta. Nunes v. Mass. Dept. of Correction, 766 F.3d 136 (1st Cir. 2014).

Summary Authors

Nate West (10/5/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4875002/parties/nunes-v-umass-correctional-health/


Judge(s)

Baldock, Bobby Ray (New Mexico)

Kayatta, William Joseph Jr. (Maine)

Selya, Bruce Marshall (Rhode Island)

Zobel, Rya Weickert (Massachusetts)

Attorneys(s) for Plaintiff

Pritchard, Tatum A. (Massachusetts)

Thompson, Joel (Massachusetts)

Attorneys(s) for Defendant

Bello, James A. (Massachusetts)

Colletti, Jennifer N. (Massachusetts)

Delanders, Robert V. (Massachusetts)

Grant, Sheryl (Massachusetts)

Judge(s)

Baldock, Bobby Ray (New Mexico)

Kayatta, William Joseph Jr. (Maine)

Selya, Bruce Marshall (Rhode Island)

Zobel, Rya Weickert (Massachusetts)

Attorneys(s) for Plaintiff

Pritchard, Tatum A. (Massachusetts)

Thompson, Joel (Massachusetts)

Attorneys(s) for Defendant

Bello, James A. (Massachusetts)

Colletti, Jennifer N. (Massachusetts)

Delanders, Robert V. (Massachusetts)

Grant, Sheryl (Massachusetts)

Pierce, Jennifer N. (Massachusetts)

Quinn, Christopher (Massachusetts)

Weigand, Tory A. (Massachusetts)

Documents in the Clearinghouse

Document

1:10-cv-12013

Docket [PACER]

Sept. 12, 2014

Sept. 12, 2014

Docket
1

1:10-cv-12013

Complaint

Nov. 22, 2010

Nov. 22, 2010

Complaint
46

1:10-cv-12013

Order

March 21, 2011

March 21, 2011

Order/Opinion
48

1:10-cv-12013

Protective Order

April 8, 2011

April 8, 2011

Order/Opinion
57

1:10-cv-12013

Order

2011 WL 1868752

May 16, 2011

May 16, 2011

Order/Opinion
66

1:10-cv-12013

Order

2011 WL 4595018

Sept. 30, 2011

Sept. 30, 2011

Order/Opinion
69

1:10-cv-12013

Motion to Take Leave to Amend Civil Complaint 1:10-cv-12013-RWZ, Memorandum in Support, and Amended Complaint

Oct. 25, 2011

Oct. 25, 2011

Complaint
87

1:10-cv-12013

Department of Correction and Peter Heffernan's Motion for Summary Judgment and Memorandum in Support

Dec. 14, 2012

Dec. 14, 2012

Pleading / Motion / Brief
89

1:10-cv-12013

DEFENDANTS, UMASS CORRECTIONAL HEALTH, LEONARD MCGUIRE, WARREN FERGUSON, JUDITH STEINBERG, AND THOMAS GROBLEWSKI’S MOTION FOR SUMMARY JUDGMENT

Dec. 14, 2012

Dec. 14, 2012

Pleading / Motion / Brief
98

1:10-cv-12013

Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Motions for Summary Judgment

Feb. 14, 2013

Feb. 14, 2013

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4875002/nunes-v-umass-correctional-health/

Last updated May 20, 2022, 2:40 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101−3160230 (Fee Status: Filing Fee paid), filed by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Thompson, Joel) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

46

Judge Rya W. Zobel: ORDER entered. re 27 MOTION for Preliminary Injunction filed by Richard Nunes, (Hearing set for 4/12/2011 03:00 PM in Courtroom 12 before Judge Rya W. Zobel.)(Urso, Lisa)

March 21, 2011

March 21, 2011

RECAP
57

Judge Rya W. Zobel: ORDER entered. re 27 MOTION for Preliminary Injunction filed by Richard Nunes; Defendants have until 6/3/11 to amend accommodations; (Urso, Lisa)

May 16, 2011

May 16, 2011

RECAP

ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Chief Magistrate Judge Judith G. Dein. (Cummings, Mary) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

2

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

66

Judge Rya W. Zobel: ORDER entered denying 27 Motion for Preliminary Injunction (Urso, Lisa)

Sept. 30, 2011

Sept. 30, 2011

RECAP
120

Judge Rya W. Zobel: Memorandum of Decision entered granting 87 Motion for Summary Judgment; granting 89 Motion for Summary Judgment; denying 113 Motion for Leave to File Document as moot. Judgment shall enter accordingly. (Urso, Lisa)

Oct. 3, 2013

Oct. 3, 2013

RECAP
3

Civil Cover Sheet &Category Sheet re 1 Complaint by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Attachments: # 1 Local Category Form)(Thompson, Joel) (Main Document 3 replaced on 12/6/2010) (Johnson, Jay). (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

5

SUMMONS Returned Executed Judith Steinberg served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

6

SUMMONS Returned Executed Leonard McGuire served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

7

SUMMONS Returned Executed Thomas Groblewski served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

8

SUMMONS Returned Executed Warren Ferguson served on 11/29/2010, answer due 12/20/2010. (Thompson, Joel) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

9

SUMMONS Returned Executed Massachusetts Department of Correction served on 11/26/2010, answer due 12/17/2010. (Thompson, Joel) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

10

SUMMONS Returned Executed Peter Heffernan served on 12/6/2010, answer due 12/27/2010. (Thompson, Joel) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

11

NOTICE of Appearance by Jennifer N. Pierce on behalf of Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health (Pierce, Jennifer) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

12

NOTICE of Appearance by James A. Bello on behalf of Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health (Bello, James) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

13

ANSWER to 1 Complaint with Jury Demand by Thomas Groblewski.(Bello, James) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

14

ANSWER to 1 Complaint with Jury Demand by Warren Ferguson.(Bello, James) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

15

ANSWER to 1 Complaint with Jury Demand by Leonard McGuire.(Bello, James) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

16

ANSWER to 1 Complaint with Jury Demand by Judith Steinberg.(Bello, James) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

17

MOTION to Dismiss by UMass Correctional Health.(Pierce, Jennifer) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

18

MEMORANDUM in Support re 17 MOTION to Dismiss filed by UMass Correctional Health. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Pierce, Jennifer) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

19

NOTICE of Appearance by Sheryl F. Grant on behalf of Peter Heffernan, Massachusetts Department of Correction (Grant, Sheryl) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

20

MOTION for Extension of Time to January 28, 2011 to File Answer by Peter Heffernan, Massachusetts Department of Correction.(Grant, Sheryl) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 20 Motion for Extension of Time to Answer re 1 Complaint Peter Heffernan answer due 1/28/2011; Massachusetts Department of Correction answer due 1/28/2011. (Urso, Lisa) (Entered: 12/28/2010)

Dec. 28, 2010

Dec. 28, 2010

21

MEMORANDUM in Opposition re 17 MOTION to Dismiss filed by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Attachments: # 1 Exhibit)(Thompson, Joel) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

22

Response/Opposition to Plaintiffs' Requests for Preliminary and Permanent Injunctions by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Pierce, Jennifer) Modified on 1/6/2011 (Johnson, Jay). (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

23

NOTICE of Scheduling Conference Scheduling Conference set for 2/2/2011 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) Modified on 1/6/2011 (Johnson, Jay). (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

Motions terminated 22 MOTION re 1 Complaint Opposition to Plaintiffs' Requests for Preliminary and Permanent Injunctions MOTION re 1 Complaint Opposition to Plaintiffs' Requests for Preliminary and Permanent Injunctions filed by Judith Steinberg, Warren Ferguson, Thomas Groblewski, Leonard McGuire. (FILING IS A RESPONSE TO A REQUEST WITHIN THE COMPLAINT, NOT A MOTION) (Johnson, Jay) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

24

JOINT SUBMISSION pursuant to Local Rule 16.1 by Carl Coe, John Doe, Warren Ferguson, Thomas Groblewski, Peter Heffernan, Massachusetts Department of Correction, Leonard McGuire, Richard Nunes, Peter Poe, Richard Roe, Judith Steinberg, UMass Correctional Health.(Thompson, Joel) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

25

CERTIFICATION pursuant to Local Rule 16.1 by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health.(Pierce, Jennifer) (Entered: 01/28/2011)

Jan. 28, 2011

Jan. 28, 2011

26

ANSWER to 1 Complaint with Jury Demand by Peter Heffernan, Massachusetts Department of Correction.(Grant, Sheryl) (Entered: 01/28/2011)

Jan. 28, 2011

Jan. 28, 2011

ELECTRONIC NOTICE Resetting scheduling conference to 2/9 at 2:00 p.m.. (Urso, Lisa) (Entered: 02/01/2011)

Feb. 1, 2011

Feb. 1, 2011

27

MOTION for Preliminary Injunction by Richard Nunes.(Thompson, Joel) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

28

MEMORANDUM in Support re 27 MOTION for Preliminary Injunction filed by Richard Nunes. (Attachments: # 1 Exhibit Affidavit of Richard Nunes, # 2 Exhibit Affidavit of Jon Fuller, M.D., # 3 Notice of Filing − Exhibits 3 − 24)(Thompson, Joel) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

30

NOTICE OF MANUAL FILING by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe Exhibits re 28 Memorandum in Support of Motion (Johnson, Jay) (Entered: 02/08/2011)

Feb. 4, 2011

Feb. 4, 2011

31

EXHIBITS re 28 Memorandum in Support of Motion by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Documents Restricted Due to Personal Identifiers) (Johnson, Jay) (Entered: 02/08/2011)

Feb. 4, 2011

Feb. 4, 2011

29

CERTIFICATION pursuant to Local Rule 16.1 by Massachusetts Department of Correction and Peter Heffernan . (Grant, Sheryl) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

32

CERTIFICATION pursuant to Local Rule 16.1 for John Doe . (Thompson, Joel) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

33

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Peter Poe . (Thompson, Joel) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

34

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Richard Roe . (Thompson, Joel) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

35

NOTICE of Appearance by Tatum A. Pritchard on behalf of Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe (Pritchard, Tatum) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

36

CERTIFICATE OF SERVICE pursuant to LR 5.2 by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe re 35 Notice of Appearance. (Pritchard, Tatum) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Scheduling Conference held on 2/9/2011, Set Deadlines/Hearing as to 27 MOTION for Preliminary Injunction :( Responses due by 3/4/2011, Replies due by 3/11/2011.), Further Scheduling Conference set for 9/8/2011 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.). Limited fact discovery 8/31/11; (Court Reporter: No Court Reporter Used.)(Attorneys present: Thompson, Pritchard, Bello &Grant) (Urso, Lisa) (Entered: 02/10/2011)

Feb. 9, 2011

Feb. 9, 2011

Set/Reset Deadlines: (limited) Discovery to be completed by 8/31/2011. (Urso, Lisa) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

37

Opposition re 27 MOTION for Preliminary Injunction filed by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg. (Attachments: # 1 Exhibit Affidavit of Carlos Flores, N.P., # 2 Exhibit 2, # 3 Exhibit Affidavit of Carole Lyman, # 4 Exhibit Affidavit of Jamie Brown, # 5 Exhibit Affidavit of Scott Anderson, # 6 Exhibit Affidavit of Peter Heffernan, # 7 Exhibit Affidavit of Tom Groblewski, D.O., # 8 Exhibit Affidavit of Erik Hamel, Pharm.D., BCPS, # 9 Errata 9)(Pierce, Jennifer) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

38

NOTICE by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg re 37 Opposition to Motion,, of Filing With Clerk's Office (Pierce, Jennifer) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

39

MEMORANDUM in Opposition re 27 MOTION for Preliminary Injunction filed by Peter Heffernan, Massachusetts Department of Correction. (Attachments: # 1 Exhibit 1−−Justice Rufo's Decision, # 2 Exhibit 2−−PLCV09−00135 Docket, # 3 Exhibit 3−−Complaint in PLCV09−00135, # 4 Exhibit 4−−PI Motion In PLCV09−00135, # 5 Exhibit 5−Stipulation of Dismissal in PLCV09−00135, # 6 Exhibit 6−Affidavit of Scott Anderson, # 7 Exhibit 7−−Affidavit of Peter Heffernan, # 8 Exhibit 8−−Affidavit of Jamie Brown, # 9 Exhibit 9−−Photograph, # 10 Exhibit 10−Affidavit of Carol Lawton, # 11 Exhibit 11−Affidavit of John O'Brien, # 12 Exhibit 12−−Incident Report, # 13 Exhibit 13−−CD−Rom being manually filed, # 14 Exhibit 14−Affidavit of Tom Groblewski, # 15 Exhibit 15−Affidavit of Erik Hamel, # 16 Exhibit 16−Affidavit of Carlos Flores, # 17 Exhibit 17−Affidavit of Carole Lyman)(Grant, Sheryl) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

40

NOTICE OF MANUAL FILING by Peter Heffernan, Massachusetts Department of Correction re 39 Memorandum in Opposition to Motion,,, of Exhibit 13 (Grant, Sheryl) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

43

EXHIBIT 13 with attached CD−Rom containing Video Footage re 39 Memorandum in Opposition to Motion,,, by Massachusetts Department of Correction. (Johnson, Jay) (Main Document 43 replaced on 3/8/2011) (Johnson, Jay). (Entered: 03/08/2011)

March 4, 2011

March 4, 2011

41

CERTIFICATION pursuant to Local Rule 16.1 . (Thompson, Joel) (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

42

CERTIFICATION pursuant to Local Rule 16.1 from Richard Nunes . (Thompson, Joel) (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

45

REPLY to Response to 27 MOTION for Preliminary Injunction filed by Richard Nunes. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Thompson, Joel) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

47

STIPULATION for Entry of a Protective Order for the Protection of Confidential Information by Carl Coe, John Doe, Warren Ferguson, Thomas Groblewski, Peter Heffernan, Massachusetts Department of Correction, Leonard McGuire, Richard Nunes, Peter Poe, Richard Roe, Judith Steinberg. (Attachments: # 1 Exhibit 1)(Pierce, Jennifer) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

48

Judge Rya W. Zobel: ORDER entered. PROTECTIVE ORDER(Urso, Lisa) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Motion Hearing held on 4/12/2011 re 27 MOTION for Preliminary Injunction filed by Richard Nunes, Plaintiff to file form in 2 weeks; ( Status Report due by 4/26/2011). (Court Reporter: Catherine Handel at 617−261−0555.)(Attorneys present: Thompson, Pritchard, Bello &Grant) (Urso, Lisa) (Entered: 04/13/2011)

April 12, 2011

April 12, 2011

50

MOTION for Extension of Time to April 28, 2011 to File Status Report by Richard Nunes.(Thompson, Joel) (Entered: 04/26/2011)

April 26, 2011

April 26, 2011

Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 50 Motion for Extension of Time (Urso, Lisa) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

Set/Reset Deadlines: Status Report due by 4/28/2011 (Urso, Lisa) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

51

NOTICE of Withdrawal of Appearance by Jennifer N. Pierce (Pierce, Jennifer) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

52

NOTICE of Appearance by Christopher Quinn on behalf of Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health (Quinn, Christopher) (Main Document 52 replaced on 4/27/2011) (Johnson, Jay). (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

53

CERTIFICATE OF SERVICE pursuant to LR 5.2 by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health re 52 Notice of Appearance. (Quinn, Christopher) (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

54

STATUS REPORT by Richard Nunes. (Attachments: # 1 Affidavit Affidavit of Richard Nunes)(Thompson, Joel) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

55

NOTICE of Change of Address or Firm Name by Joel H. Thompson (Thompson, Joel) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

56

NOTICE of Change of Address or Firm Name by Tatum A. Pritchard (Pritchard, Tatum) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

58

STATUS REPORT Regarding the Plaintiff Richard Nunes' Request for Accommodations by Massachusetts Department of Correction, UMass Correctional Health. (Grant, Sheryl) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

59

NOTICE OF MANUAL FILING by Massachusetts Department of Correction, UMass Correctional Health Exhibits A−F re 58 Status Report (Grant, Sheryl) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

60

EXHIBITS A−F re 58 Status Report by Massachusetts Department of Correction, UMass Correctional Health. (Johnson, Jay) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

61

Plaintiff Richard Nunes Response to 63 Status Report by Defendants. (Attachments: # 1 Affidavit Affidavit of Joel Thompson)(Thompson, Joel) Modified on 6/7/2011 (Johnson, Jay). (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

62

APPENDIX/EXHIBIT re 61 Status Report Response by Richard Nunes. (Pritchard, Tatum) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

63

Joint MOTION for Extension of Time to 11/30/2011 to Complete Discovery by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe.(Thompson, Joel) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

Judge Rya W. Zobel: ENDORSED ORDER entered granting 63 Motion for Extension of Time to Complete Discovery Discovery to be completed by 11/30/2011 (Urso, Lisa) (Entered: 08/31/2011)

Aug. 30, 2011

Aug. 30, 2011

Set/Reset Deadlines: Status Report due by 12/9/2011 (Urso, Lisa) (Entered: 08/31/2011)

Aug. 31, 2011

Aug. 31, 2011

ELECTRONIC ENDORSEMENT re 64 Status Report filed by Richard Nunes. Defendants shall file a response on or before 9/27/11. (Urso, Lisa) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

65

STATUS REPORT Joint by Massachusetts Department of Correction, UMass Correctional Health. (Attachments: # 1 Exhibit, # 2 Exhibit)(Quinn, Christopher) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

67

Joint MOTION to Take Deposition from Plaintiffs, Richard Nunes, Carle Coe, John Doe, Peter Poe and Richard Roe by UMass Correctional Health.(Quinn, Christopher) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

68

Opposition re 67 Joint MOTION to Take Deposition from Plaintiffs, Richard Nunes, Carle Coe, John Doe, Peter Poe and Richard Roe filed by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe. (Thompson, Joel) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

69

MOTION to Amend 1 Complaint by Richard Nunes. (Attachments: # 1 Affidavit, # 2 Exhibits restricted due to personal identifiers , # 3 Amended Complaint, # 4 Certificate of Service)(Johnson, Jay) Modified on 10/27/2011 (Johnson, Jay). (Entered: 10/27/2011)

Oct. 25, 2011

Oct. 25, 2011

70

MOTION to Seal Document 69 MOTION to Amend 1 Complaint − Exhibits to Affidavit by Richard Nunes.(Thompson, Joel) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

71

MOTION to Withdraw as Attorney for Richard Nunes by Richard Nunes.(Thompson, Joel) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

72

MOTION to Seal Document 71 MOTION to Withdraw as Attorney for Richard Nunes (Affidavit of Counsel) by Richard Nunes.(Thompson, Joel) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

73

ANSWER to 1 Complaint with Jury Demand by UMass Correctional Health.(Quinn, Christopher) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 72 Motion to Seal Document (Urso, Lisa) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

74

REPLY to Response to 67 Joint MOTION to Take Deposition from Plaintiffs, Richard Nunes, Carle Coe, John Doe, Peter Poe and Richard Roe filed by Warren Ferguson, Thomas Groblewski, Leonard McGuire, Judith Steinberg, UMass Correctional Health. (Quinn, Christopher) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

75

Opposition re 71 MOTION to Withdraw as Attorney for Richard Nunes filed by Richard Nunes. (Request for oral argument) (Attachments: # 1 Exhibit A)(Johnson, Jay) (Entered: 11/09/2011)

Nov. 8, 2011

Nov. 8, 2011

76

Response by Richard Nunes to the 77 affidavit of Joel H. Thompson in Support of Motion to Withdraw Appearance. (Attachments: # 1 Exhibit A)(Johnson, Jay) Modified on 11/15/2011 (Johnson, Jay). (Entered: 11/15/2011)

Nov. 14, 2011

Nov. 14, 2011

77

SEALED DOCUMENT: Affidavit in Support of 71 MOTION to Withdraw as Attorney for Richard Nunes by Richard Nunes.. (Attachments: # 1 Exhibit 1−4)(Johnson, Jay) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

78

Letter/request (non−motion) from Richard Nunes requesting docket sheet. (Johnson, Jay) (Entered: 11/28/2011)

Nov. 25, 2011

Nov. 25, 2011

DOCKET SHEET sent to Richard Nunes (Johnson, Jay) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

79

MOTION for Extension of Time to 01/31/2012 to Complete Discovery by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe.(Thompson, Joel) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

Judge Rya W. Zobel: ENDORSED ORDER entered denying 69 Motion to Amend(never docketed) (Urso, Lisa) (Entered: 12/20/2011)

Dec. 15, 2011

Dec. 15, 2011

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: denying 71 Motion to Withdraw as Attorney. by agreement of the parties ; Telephone Conference held on 12/20/2011. (Court Reporter: Catherine Handel at 617−261−0555.)(Attorneys present: Thompson, Pritchard &Mr. Nunes by phone) (Urso, Lisa) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

Judge Rya W. Zobel: ENDORSED ORDER entered granting 67 Motion to Take Deposition of Richard Nunes ; granting 70 Motion to Seal Document (Urso, Lisa) (Entered: 12/28/2011)

Dec. 22, 2011

Dec. 22, 2011

80

Joint MOTION for Extension of Time to 7/31/2012 to Complete Discovery by Carl Coe, John Doe, Richard Nunes, Peter Poe, Richard Roe.(Thompson, Joel) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

Judge Rya W. Zobel: ENDORSED ORDER entered granting 80 Motion for Extension of Time to Complete Discovery Discovery to be completed by 7/31/2012; a further conference is set for 8/8/12 at 2:00 p.m. (Urso, Lisa) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

Set/Reset Hearings: Further Scheduling Conference set for 8/8/2012 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

81

Joint MOTION for Extension of Time to 08/31/2012 to Complete Discovery by Carl Coe, John Doe, Warren Ferguson, Thomas Groblewski, Peter Heffernan, Massachusetts Department of Correction, Leonard McGuire, Richard Nunes, Peter Poe, Richard Roe, Judith Steinberg, UMass Correctional Health.(Thompson, Joel) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

Judge Rya W. Zobel: ENDORSED ORDER entered granting 81 Motion for Extension of Time to Complete Discovery Discovery to be completed by 8/31/2012. A further scheduling conference is REset to 9/11/12 at 2:30 p.m. (Urso, Lisa) (Entered: 07/11/2012)

July 10, 2012

July 10, 2012

Set/Reset Hearings: Scheduling Conference REset for 9/11/2012 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

82

ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Further Scheduling Conference held on 9/11/2012, Set Deadlines/Hearing as to ( Responses due by 1/31/2013, 5 page Replies due by 2/8/2013., Motion Hearing set for 2/26/2013 02:00 PM in Courtroom 12 before Judge Rya W. Zobel.), ( Motions due by 12/14/2012). (Court Reporter: No Court Reporter Used.)(Attorneys present: Thompson, Bell &Grant) (Urso, Lisa) (Entered: 09/13/2012)

Sept. 11, 2012

Sept. 11, 2012

Case Details

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 22, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are HIV-positive inmates incarcerated by the Massachusetts DOC who must physically go to the health services unit to retrieve their needed medications and are forbidden from keeping their medications in their cells.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of Massachusetts

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

University of Massachusetts Medical School, None

Commonwealth of Massachusetts, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Records Disclosure

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run