Case: Scott v. Clarke

3:12-cv-00036 | U.S. District Court for the Western District of Virginia

Filed Date: July 24, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

Prisoners detained at the Fluvanna Correctional Center for Women filed this class-action lawsuit against Armor Correctional Health Services and the Virginia Department of Corrections on July 24, 2012. Brought under 42 U.S.C. §1983 and 28 U.S.C. §2201, the suit was filed in the United States District Court for the Western District of Virginia and assigned to Judge Norman Moon. The plaintiffs, represented by the Legal Aid Justice Center, the Washington Lawyers Committee for Civil Rights and Urban…

Prisoners detained at the Fluvanna Correctional Center for Women filed this class-action lawsuit against Armor Correctional Health Services and the Virginia Department of Corrections on July 24, 2012. Brought under 42 U.S.C. §1983 and 28 U.S.C. §2201, the suit was filed in the United States District Court for the Western District of Virginia and assigned to Judge Norman Moon. The plaintiffs, represented by the Legal Aid Justice Center, the Washington Lawyers Committee for Civil Rights and Urban Affairs, and private counsel, sought declaratory and injunctive relief. They claimed that the prison provided insufficient medical care, in violation of the Eighth Amendment.

Armor, a for-profit corporation, provided health care at the prison. The Department of Corrections contracted with Armor to provide this service, but the Department remained responsible for administration and oversight. The plaintiffs claimed that the Department and Armor were deliberately indifferent to prisoners’ medical needs, and that Armor’s profit motives led to deviations from accepted standards of care. In order to minimize costs, Armor employed licensed practical nurses rather than physicians or registered nurses; failed to devote time and attention to examining and diagnosing potentially serious medical problems; refused to refer prisoners for specialized care; failed to carry out treatments prescribed by specialists; and refused to provide prisoners with medication for severe chronic pain. The plaintiffs also claimed that the prison deviated from accepted standards of care on the basis of purported security concerns, devoid of any legitimate penological justification. They claimed that as a result, they and others similarly situated experienced physical pain, mental anguish, and the risk of premature death.

The Department moved to be dismissed as a defendant, arguing that Armor, not the Department, provided medical services, and that the Department could not be held liable on a theory of respondeat superior. On December 11, 2012, the court denied the Department’s motion. 2012 WL 6151967. 10 months later, on October 4, 2013, the court granted Armor’s motion to dismiss because Armor’s contract with the Department had expired. Corizon Health, which had assumed the contract to provide medical services at the prison, was subsequently named as a defendant.

From 2013 to 2015, the parties engaged in extensive and contentious discovery in preparation for trial scheduled in December 2015. The court issued multiple discovery-related opinions, which are posted in the “Documents” section of this case.

On November 20, 2014, the court granted class certification, certifying a class of all women who then resided or would in the future reside at the Fluvanna Correctional Center for Women and who had sought, were then seeking, or would in the future seek medical care for serious medical need. 2014 WL 6609087. Five days later, on November 25, the court granted the plaintiffs’ motion for partial summary judgment, stating that prison officials had a non-delegable constitutional duty to provide adequate medical treatment, that the plaintiffs’ specific health conditions constituted serious medical needs, and that deliberate indifference to those needs was a violation of the Eighth Amendment. 2014 WL 6680691.

The same day, the parties informed the court that they had reached a settlement in principle. The parties informed the court on April 21, 2015 that though a formal written settlement was still in progress, they had agreed that constitutionally appropriate care was required.

A final settle agreement was submitted to the court on September 15, 2015; the court gave preliminary approval the following day. Notice of the proposed settlement was distributed to each prisoner at the prison. The court conducted a fairness hearing on November 9, 2015. On February 5, 2016, the court approved the settlement. 2016 WL 452164.

The settlement agreement provided for comprehensive changes to the medical care system at the prison, and a monitor to oversee implementation. The court retained jurisdiction to enforce the terms of the agreement, which would last at least three years. After three years, the agreement would terminate when the monitor found that the Department had provided constitutionally adequate medical care on a consistent basis for at least one year. The agreement also required the state to pay $1.5 million for plaintiff attorneys’ fees.

On September 5, 2017, the plaintiffs sought for the court to hold the defendants in contempt, for repeatedly falling short of their obligations regarding the quantity and quality of medical care provided in the prison. On June 12, 2018, the court ordered the defendants to show cause why they should not be held in contempt.

The court entered an injunction against the defendants on January 2, 2019, explaining that they were in violation of the settlement agreement’s terms requiring them to provide constitutionally adequate medical care to the plaintiffs. The injunction was meant to remedy the violation of the plaintiffs’ Eighth Amendment rights as provided for by the parties in the agreement, and this injunction was the least intrusive means necessary to do so. The injunction required the defendants, within 45 days, to give the prison’s nurses training necessary to give adequate medical care. The court also withdrew its June 12 show-cause order regarding contempt.

On January 30, 2019, the defendants moved to alter the injunction. They claimed, among other things, that only pharmacists and physicians (not nurses) could dispense medication, and that the injunction had essentially rewritten the settlement agreement. The court granted the defendants’ motion, in part, on May 22, 2019. 391 F.Supp.3d 610. The defendants appealed this partial modification (Fourth Circuit docket number 19-1687), and the plaintiffs cross-appealed (Fourth Circuit docket number 19-1719). As of July 2020, the appeals are pending.

Prior to the district court’s ruling, on April 30, 2019, an individual plaintiff filed an emergency motion to enforce the injunction: the prison’s “continued and demonstrated failures to appropriate[ly] manage [her] medication” were a threat to her life. While this motion was pending, she died, 3 months before her scheduled release.

On September 17, 2019, the court directed the parties to schedule a status conference “to address any current actions requested from the Court, and any then-pending motions before the Court,” except for the plaintiffs’ motion for attorney’s fees. After participating in the status conference, the plaintiffs filed a status report on October 23, 2019. The report, among other things, asked the court to order that “Counsel for the Parties along with [Fluvanna] medical personnel shall meet regularly to attempt to resolve any issues concerning patient care at [Fluvanna],” and “Defendants shall not unreasonably withhold information regarding patient issues raised by Plaintiffs.”

At the status hearing on October 30, 2019, the court ordered the plaintiffs to name remaining systemic issues of noncompliance at the prison that must be remedied in order to bring the prison into compliance with the settlement agreement in the next status report. On November 5, 2019, the court issued an oral order that plaintiffs address the “need for a functional Continuing Quality Improvement (CQI) program directed by a qualified expert at the [prison], as well as Plaintiffs’ ongoing need for further relief requested in part in their October 23, 2019 Status Report.” The plaintiffs addressed both issues in the status report filed on January 2, 2020. Along with the status report, the plaintiffs filed a motion for further relief, outlining the defendants’ violations of the settlement and injunction and requesting the court to order various steps to “ameliorate barriers to effective, accurate monitoring and cooperative problem-solving between the parties.”

The plaintiffs filed a motion to enforce the settlement agreement on March 5, 2020. Although the settlement agreement entitled the plaintiffs to quarterly reports from the prison regarding its compliance with the terms of the agreement, and although the plaintiffs had made repeated requests for such reports, the prison failed to provide adequate information. The plaintiffs also sought attorneys’ fees and costs for filing this motion.

On March 16, 2020, the court granted in part the plaintiffs’ requests made in status reports as well as their motion for further relief. Among other things, the court granted the plaintiffs’ request for regular status conferences and denied their requests for a direct line of communication to the prison's medical director and for regular meetings with prison medical personnel.

On May 7, 2020, the court granted in part the plaintiffs’ motion to enforce the settlement agreement. The court ordered the parties to work cooperatively to ensure that “(1) Plaintiffs receive timely, fulsome quarterly reports and (2) Defendants not be unduly burdened with requests for performance information that are overbroad, duplicative, or of marginal utility given other sources of data and information available to Plaintiffs.” 2020 WL 2263535.

On May 28, 2020, the court ordered the defendants to pay $1.04 million in attorneys’ fees and litigation costs ($934,000 in attorneys’ fees, and $105,000 in costs). 2020 WL 3120993. The plaintiffs had sought $1.99 million.

On July 2, 2020, the court issued an order referring the case to Magistrate Judge Joel C. Hoppe for mediation regarding the prison's failure to produce documents to the plaintiffs as ordered by the court.

As of July 16, 2020, this case is ongoing.

Summary Authors

Nate West (12/1/2014)

Sarah Prout (9/17/2015)

Jessica Kincaid (4/9/2016)

Virginia Weeks (3/15/2018)

Lisa Koo (3/3/2019)

Bogyung Lim (7/8/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4408182/parties/scott-v-clarke/


Judge(s)

Hoppe, Joel C. (Virginia)

Moon, Norman K. (Virginia)

Attorneys(s) for Plaintiff

Abato, Diane Marie (Virginia)

Bauer, Mary Catherine (Virginia)

Bennett, Leonard Anthony (Virginia)

Castaneda, Brenda Erin (Virginia)

Charlton, Mary Frances (Virginia)

Ciolfi, Angela A. (Virginia)

Corcoran, Debra Desmore (Virginia)

Ellis, Shannon Marie (Virginia)

Judge(s)

Hoppe, Joel C. (Virginia)

Moon, Norman K. (Virginia)

Attorneys(s) for Plaintiff

Abato, Diane Marie (Virginia)

Bauer, Mary Catherine (Virginia)

Bennett, Leonard Anthony (Virginia)

Castaneda, Brenda Erin (Virginia)

Charlton, Mary Frances (Virginia)

Ciolfi, Angela A. (Virginia)

Corcoran, Debra Desmore (Virginia)

Ellis, Shannon Marie (Virginia)

Finkenstadt, Ivy (Virginia)

Fornaci, Phillip Jerome (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Griggs, Ruth Thomas (Virginia)

Gulotta, Alex Ross (Virginia)

Guzzo, Andrew J. (Virginia)

Hanes, Elizabeth Wilson (Virginia)

Howard, Theodore Augustus (District of Columbia)

Kelly, Kristi Cahoon (Virginia)

Mincberg, Elliot M. (District of Columbia)

Nash, Casey Shannon (Virginia)

Ogunkeyede, Adeola (Virginia)

Rolla, Kimberly Anne (Virginia)

Trodden, Erin Margaret (Virginia)

Turner, Abigail (Virginia)

Walters, Amy Elizabeth (Virginia)

Attorneys(s) for Defendant

Chang, Phillip C. (District of Columbia)

Daniel, Kevin James (Virginia)

Dwyre, Kate Elizabeth (Virginia)

Isaacs, James Milburn Jr. (Virginia)

Johnson, John Chadwick (Virginia)

Londos, Katherine Cabell (Virginia)

McNelis, Edward J. III (Virginia)

Miller, Amy Elizabeth (Virginia)

Muldowney, Elizabeth Martin (Virginia)

Parsons, John Michael (Virginia)

Schnetzler, Nathan Henry (Virginia)

Vorhis, Richard Carson (Virginia)

Wilburn, John David (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 20, 2019 Docket

Press Release

No Court

July 24, 2012 Press Release
1

Complaint for Declaratory and Injunctive Relief

2012 WL 5206799

July 24, 2012 Complaint
34

Order

2012 WL 6178171

Dec. 11, 2012 Order/Opinion
33

Memorandum Opinion

2012 WL 6151967

Dec. 11, 2012 Order/Opinion
39

First Amended Complaint for Declaratory and Injunctive Relief

Feb. 6, 2013 Complaint
58

Second Amended Complaint

July 15, 2013 Complaint
76

Memorandum Opinion

2013 WL 5532685

Oct. 4, 2013 Order/Opinion
84

Memorandum Opinion

2013 WL 6047611

Nov. 15, 2013 Order/Opinion
88

Memorandum Opinion

2013 WL 6158458

Nov. 25, 2013 Order/Opinion

Resources

Title Description External URL

Scott v. Clarke: Fluvanna Prison Healthcare Case

Legal Aid Justice Center

On November 26, 2014, the Legal Aid Justice Center announced that it had reached a settlement in our lawsuit filed on July 24, 2012 on behalf of women incarcerated at Fluvanna Correctional Center for… Jan. 1, 2019 https://www.justice4all.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4408182/scott-v-clarke/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants (Filing fee $ 350; Receipt #0423-1584619.), filed by Patricia Knight, Rebecca L. Scott, Cynthia B. Scott, Marguerite Richardson, Bobinette D. Fearce. 100 Day Notice due by 11/1/2012 120 Day Service due by 11/21/2012 (Attachments: # 1 Civil Cover Sheet)(mab)

1 Civil Cover Sheet

View on PACER

July 24, 2012 RECAP
2

Summons Issued as to Armor Correctional Health Services, Inc., Phyllis A. Baskerville, Harold W. Clarke, John/Jane Doe, M.D., A. David Robinson, Frederick Schilling.(mab) (Entered: 07/26/2012)

July 25, 2012 PACER
3

AFFIDAVIT of Service for Summons served on Dacia Jamison at Armor Correctional Health Services, Inc. on 7/31/12, filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.(jcj)

Aug. 9, 2012 PACER
4

AFFIDAVIT of Service for summons served on Harold W. Clarke on 7/31/12, filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.(jcj)

Aug. 9, 2012 PACER
5

AFFIDAVIT of Service for summons served on A. David Robinson on 7/31/12, filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.(jcj)

Aug. 9, 2012 PACER
6

AFFIDAVIT of Service for summons served on Frederick Schilling on 7/31/12, filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.(jcj)

Aug. 9, 2012 PACER
7

NOTICE of Appearance by John Michael Parsons on behalf of Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling (Parsons, John)

Aug. 21, 2012 PACER
8

NOTICE of Appearance by James Milburn Isaacs, Jr on behalf of Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling (Isaacs, James)

Aug. 21, 2012 PACER
9

NOTICE of Appearance by Kate Elizabeth Dwyre on behalf of Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling (Dwyre, Kate)

Aug. 21, 2012 PACER
10

MOTION to Dismiss by Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling. (Parsons, John)

Aug. 21, 2012 PACER
11

Brief / Memorandum in Support re 10 MOTION to Dismiss. filed by Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling. (Parsons, John)

Aug. 21, 2012 PACER
12

ANSWER to 1 Complaint, and Affirmative Defenses by Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling.(Parsons, John)

Aug. 21, 2012 PACER
13

NOTICE of Appearance by Elizabeth Martin Muldowney on behalf of Armor Correctional Health Services, Inc. (Muldowney, Elizabeth)

Aug. 21, 2012 PACER
14

ANSWER to 1 Complaint, by Armor Correctional Health Services, Inc..(Muldowney, Elizabeth)

Aug. 21, 2012 RECAP
15

NOTICE of Appearance by Edward J. McNelis, III on behalf of Armor Correctional Health Services, Inc. (McNelis, Edward)

Aug. 21, 2012 PACER
16

Magistrate Consent Notice to Parties. (mab)

Aug. 23, 2012 PACER
17

PRETRIAL ORDER. CASE referred to Magistrate Judge B. Waugh Crigler. Signed by Judge Norman K. Moon on 8/28/12. (jcj)

Aug. 28, 2012 PACER
18

Joint MOTION for Extension of Time to File Response/Reply as to 17 Pretrial Order, Order Referring Case to Magistrate Judge by Armor Correctional Health Services, Inc., Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling.Motions referred to B. Waugh Crigler. (Parsons, John)

Sept. 5, 2012 PACER
19

MOTION to Appear Pro Hac Vice for Theodore A. Howard by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.Motions referred to B. Waugh Crigler. (Attachments: # 1 Exhibit Certificate)(Castaneda, Brenda)

1 Exhibit Certificate

View on PACER

Sept. 11, 2012 PACER
20

MOTION to Appear Pro Hac Vice for Deborah Golden by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.Motions referred to B. Waugh Crigler. (Attachments: # 1 Exhibit Certificate)(Castaneda, Brenda)

1 Exhibit Certificate

View on PACER

Sept. 11, 2012 PACER
21

MOTION to Appear Pro Hac Vice for Philip Fornaci by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.Motions referred to B. Waugh Crigler. (Attachments: # 1 Exhibit Certificate)(Castaneda, Brenda)

1 Exhibit Certificate

View on PACER

Sept. 11, 2012 PACER
22

ORDER granting 18 Joint MOTION for Extension of Time to File Response/Reply as Rule 26(f) conference conducted by 9/21/2012; contact District Judge's scheduling clerk to set a trial date. Signed by Magistrate Judge B. Waugh Crigler on 9/11/2012. (mab)

Sept. 11, 2012 PACER
23

ORDER granting 20 MOTION to Appear Pro Hac Vice for Deborah Golden. Signed by Magistrate Judge B. Waugh Crigler on 9/11/2012. (mab)

Sept. 11, 2012 PACER
24

ORDER granting 21 MOTION to Appear Pro Hac Vice for Philip Fornaci. Signed by Magistrate Judge B. Waugh Crigler on 9/11/2012. (mab)

Sept. 11, 2012 PACER
25

ORDER granting 19 MOTION to Appear Pro Hac Vice for Theodore A Howard. Signed by Magistrate Judge B. Waugh Crigler on 9/11/2012. (mab)

Sept. 11, 2012 PACER
26

Brief / Memorandum in Opposition re 10 MOTION to Dismiss. filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Castaneda, Brenda)

Sept. 11, 2012 PACER
27

NOTICE of Hearing on Motion 10 MOTION to Dismiss : Motion Hearing set for 10/15/2012 01:00 PM in Charlottesville before Judge Norman K. Moon. Court Reporter Required. (hnw)

Sept. 21, 2012 PACER
28

NOTICE of Hearing: Jury Trial set for 10/15-25/2013 09:30 AM in Charlottesville before Judge Norman K. Moon. Nine Days(hnw)

Sept. 21, 2012 PACER
29

Rule 26(f) Agreed Written Plan by Defendants Armor Correctional Health Services, Inc., Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling, Plaintiffs Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Castaneda, Brenda)

Oct. 2, 2012 PACER
30

ORDER ADOPTING Rule 26(f) Agreed Written Plan 29 filed by Harold W. Clarke, Armor Correctional Health Services, Inc., Phyllis A. Baskerville, Bobinette D. Fearce, Cynthia B. Scott, Rebecca L. Scott, Marguerite Richardson, Frederick Schilling, Patricia Knight, A. David Robinson. Signed by Magistrate Judge B. Waugh Crigler on 10/3/2012. (mab)

Oct. 3, 2012 PACER
32

Minute Entry for proceedings held before Judge Norman K. Moon: Motion Hearing held on 10/15/2012 re 10 MOTION to Dismiss filed by Harold W. Clarke, Phyllis A. Baskerville, Frederick Schilling, A. David Robinson. (Court Reporter Sonia Ferris.) (hnw)

Oct. 15, 2012 PACER
33

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 12/11/2012. (mab)

Dec. 11, 2012 RECAP
34

ORDER denying 10 Defendants' Motion to Dismiss. Signed by Judge Norman K. Moon on 12/11/2012. (mab)

Dec. 11, 2012 RECAP
35

MOTION to Amend/Correct Complaint by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.Motions referred to B. Waugh Crigler. (Attachments: # 1 Exhibit)(Castaneda, Brenda)

1 Exhibit

View on PACER

Jan. 22, 2013 PACER
36

RESPONSE to Motion re 35 MOTION to Amend/Correct Complaint. filed by Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling. (Parsons, John)

Feb. 5, 2013 PACER
37

RESPONSE to Motion re 35 MOTION to Amend/Correct Complaint. filed by Armor Correctional Health Services, Inc.. (Muldowney, Elizabeth)

Feb. 5, 2013 PACER
38

ORDER granting 35 Motion to for leave to file amended complaint. Signed by Magistrate Judge B. Waugh Crigler on 2/6/13. (jcj)

Feb. 6, 2013 PACER
39

AMENDED COMPLAINT against Armor Correctional Health Services, Inc., Phyllis A. Baskerville, Harold W. Clarke, John/Jane Doe, M.D., A. David Robinson, Frederick Schilling.(jcj)

Feb. 6, 2013 PACER
40

Amended ANSWER to 39 Amended Complaint by Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling.(Parsons, John)

Feb. 19, 2013 PACER
41

ANSWER to 39 Amended Complaint by Armor Correctional Health Services, Inc..(Muldowney, Elizabeth)

Feb. 20, 2013 PACER
42

NOTICE of Appearance by Ivy Ann Finkenstadt on behalf of All Plaintiffs (Finkenstadt, Ivy)

April 29, 2013 PACER
43

MOTION to Dismiss by Armor Correctional Health Services, Inc.. (Muldowney, Elizabeth)

April 30, 2013 PACER
44

Brief / Memorandum in Support re 43 MOTION to Dismiss . filed by Armor Correctional Health Services, Inc.. (Muldowney, Elizabeth)

April 30, 2013 PACER
45

Brief / Memorandum in Opposition re 43 MOTION to Dismiss Armor Correctional Health Services. filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Attachments: # 1 Exhibit 1 and 2)(Castaneda, Brenda)

1 Exhibit 1 and 2

View on PACER

May 17, 2013 PACER
46

REPLY to Response to Motion re 43 MOTION to Dismiss . filed by Armor Correctional Health Services, Inc.. (Attachments: # 1 Exhibit 1, Affidavit of Kenneth M. Palombo, # 2 Exhibit A to Affidavit of Kenneth M. Palombo, # 3 Exhibit B to Affidavit of Kenneth M. Palombo)(Muldowney, Elizabeth)

1 Exhibit 1, Affidavit of Kenneth M. Palombo

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2 Exhibit A to Affidavit of Kenneth M. Palombo

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3 Exhibit B to Affidavit of Kenneth M. Palombo

View on PACER

May 28, 2013 PACER
47

NOTICE of Hearing on Motion 43 MOTION to Dismiss : Motion Hearing set for 6/17/2013 11:00 AM in Charlottesville before Judge Norman K. Moon. (hnw)

May 31, 2013 PACER
49

Minute Entry for proceedings held before Judge Norman K. Moon: Motion Hearing held on 6/17/2013 re 43 MOTION to Dismiss filed by Armor Correctional Health Services, Inc.. (Court Reporter Carol Jacobs.) (hnw)

June 17, 2013 PACER
50

MOTION to Amend/Correct complaint by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.Motions referred to Judge B. Waugh Crigler. (Attachments: # 1 Proposed Amended Complaint)(Castaneda, Brenda)

1 Proposed Amended Complaint

View on PACER

June 26, 2013 PACER
51

MOTION to Vacate Scheduling Orders and Set New Trial Date by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Attachments: # 1 Exhibit 1, 2, 3)(Castaneda, Brenda) . Motion referred to Judge B. Waugh Crigler Modified on 7/1/2013 (hnw).

1 Exhibit 1, 2, 3

View on PACER

June 27, 2013 PACER
52

NOTICE of Hearing on Motion 51 MOTION to Vacate Scheduling Orders and Set New Trial Date, 50 MOTION to Amend/Correct complaint : TELEPHONIC Motion Hearing set for 7/12/2013 11:15 AM in Charlottesville before Magistrate Judge B. Waugh Crigler. Parties will receive email notification with dial in instructions. (hnw)

July 2, 2013 PACER
53

Brief / Memorandum in Opposition re 50 MOTION to Amend/Correct complaint . filed by Armor Correctional Health Services, Inc.. (Muldowney, Elizabeth)

July 8, 2013 PACER
54

Minute Entry for proceedings held before Magistrate Judge B. Waugh Crigler: Telephone Conference held on 7/12/2013 Motion Hearing re 51 MOTION to Vacate Scheduling Orders and Set New Trial Date filed by Patricia Knight, Bobinette D. Fearce, Cynthia B. Scott, Rebecca L. Scott, Marguerite Richardson, 50 MOTION to Amend/Correct complaint filed by Patricia Knight, Bobinette D. Fearce, Cynthia B. Scott, Rebecca L. Scott, Marguerite Richardson, (Court Reporter Sonia Ferris.) (hnw) (Entered: 07/15/2013)

July 12, 2013 PACER

Notice of Correction re 54 Motion Hearing, Telephone Conference, deleted and dockted a second time to correct hearing date in docket text for clerical error. (hnw)

July 15, 2013 PACER

Notice of Correction

July 15, 2013 PACER
55

ORDER granting 50 Motion for leave to file Amended complaint; granting 51 Motion to vacate scheduling order and set new trial date. Discovery due by 3/1/2014. Disclosures and exchange of Exhibits List due by 5/1/2014. Plaintiffs Expert disclosure due by 10/31/2013. Defendants Expert disclosure due by 11/29/2013. Dispositive motions due by April 1, 2014. Jury Trial set for 5/12/2014 09:30 AM through 5/22/2014 in Charlottesville before Judge Norman K. Moon.. Signed by Magistrate Judge B. Waugh Crigler on 7/15/2013. (mab) Modified on 7/15/2013-Order vacated by 56 Order 7/15/2013 (mab).

July 15, 2013 PACER
56

Order to Vacate 55 Scheduling Order. Signed by Magistrate Judge B. Waugh Crigler on 7/15/2013. (mab)

July 15, 2013 PACER
57

SCHEDULING ORDER: Jury Trial set for 5/12/2014 09:30 AM through 5/22/2014 in Charlottesville before Judge Norman K. Moon. Discovery due by 3/1/2014. Discolure and Exchange of Exhibits due by 5/1/2014. Plaintiffs Expert Disclosure due by 10/31/2013. Defendants Expert Disclosure due by 11/29/2013. Initial Disclosure for new defendants due by 8/30/2013. Dispositive Motions due by 4/1/2014.. Signed by Magistrate Judge B. Waugh Crigler on 7/15/2013. (mab)

July 15, 2013 PACER
58

AMENDED COMPLAINT against Armor Correctional Health Services, Inc., Phyllis A. Baskerville, Harold W. Clarke, Paul C. Ohai, A. David Robinson, Frederick Schilling, Corizon Health, Inc., Mark Militana, filed by Rebecca L. Scott, Cynthia B. Scott, Marguerite Richardson, Bobinette D. Fearce.(mab)

July 15, 2013 RECAP
59

NOTICE of Hearing: Jury Trial reset for 5/12-22/2014 09:30 AM in Charlottesville before Judge Norman K. Moon. (hnw)

July 16, 2013 PACER
61

Summons Issued as to Corizon Health, Inc., Mark Militana.(mab)

July 19, 2013 PACER
62

MOTION to Continue Trial Date by Armor Correctional Health Services, Inc..Motions referred to Judge B. Waugh Crigler. (McNelis, Edward)

July 25, 2013 PACER
63

NOTICE of Appearance by Mary Catherine Bauer on behalf of All Plaintiffs (Bauer, Mary)

Aug. 9, 2013 PACER
64

RETURN of service of Summons on Complaint on 7/24/2013 upon Corizon Health, Inc. through registered agents CT Corporation(mab)

Aug. 12, 2013 PACER
65

NOTICE of Appearance by Edward J. McNelis, III on behalf of Corizon Health, Inc., Mark Militana (McNelis, Edward)

Aug. 28, 2013 PACER
66

NOTICE of Appearance by Elizabeth Martin Muldowney on behalf of Corizon Health, Inc., Mark Militana (Muldowney, Elizabeth)

Aug. 28, 2013 PACER
67

ANSWER to 58 Amended Complaint, by Corizon Health, Inc., Mark Militana.(Muldowney, Elizabeth)

Aug. 28, 2013 PACER
68

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Militana. (Muldowney, Elizabeth)

Aug. 28, 2013 PACER
69

Brief / Memorandum in Support re 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Mark Militana. (Muldowney, Elizabeth)

Aug. 28, 2013 PACER
70

ORDER granting 62 Motion to Continue trial date. Signed by Magistrate Judge B. Waugh Crigler on 9/13/2013. (mab)

Sept. 13, 2013 PACER
71

RESPONSE in Opposition re 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dr. Mark Militana. filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Castaneda, Brenda)

Sept. 23, 2013 PACER
72

MOTION to Compel Discovery by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.Motions referred to Judge B. Waugh Crigler. (Attachments: # 1 Memorandum of law, # 2 Exhibit A through D to memorandum)(Castaneda, Brenda) Modified on 10/21/2013 (hnw). Motion now referred to Judge Robert S. Ballou Modified on 11/14/2013 (hnw)Motion referred back to Hon. Norman K. Moon pursuant to order entered 10/23/2013.

1 Memorandum of law

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2 Exhibit A through D to memorandum

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Sept. 23, 2013 PACER
73

REPLY to Response to Motion re 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Mark Militana. (Muldowney, Elizabeth)

Sept. 30, 2013 PACER
74

ORDER REFERRING CASE to Magistrate Judge Robert S. BallouMotions referred to Robert S. Ballou.. Signed by Judge Norman K. Moon on 10/1/2013. (mab)

Oct. 1, 2013 PACER
75

NOTICE of Hearing: Jury Trial RESET for 9/22/2014 09:30 AM in Charlottesville before Judge Norman K. Moon. TWO WEEKS(hnw)

Oct. 2, 2013 PACER
76

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 10/4/2013. (mab)

Oct. 4, 2013 RECAP
77

ORDER granting 43 Motion to Dismiss defendant Armor Correctional Health, Inc.. Signed by Judge Norman K. Moon on 10/4/2013. (mab)

Oct. 4, 2013 RECAP
78

RESPONSE in Opposition re 72 MOTION to Compel Discovery . filed by Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling. (Parsons, John)

Oct. 7, 2013 PACER
79

Consent MOTION to Amend/Correct Scheduling Order by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Proposed order)(Castaneda, Brenda)

1 Proposed order

View on PACER

Oct. 11, 2013 PACER
80

REPLY to Response to Motion re 72 MOTION to Compel Discovery . filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Castaneda, Brenda)

Oct. 16, 2013 PACER
81

Order Retaining Case for nondispositive pretrial motions and issues as a matter of judicial economy.. Signed by Judge Norman K. Moon on 10/23/2013. (mab)

Oct. 23, 2013 RECAP
82

NOTICE of Hearing on Motion 72 MOTION to Compel Discovery : Motion Hearing set for 11/21/2013 10:00 AM in Charlottesville before Judge Norman K. Moon. Court reporter required(hnw)

Oct. 30, 2013 PACER
83

AMENDED SCHEDULING ORDER: Dispositive Motions Deadline due by 6/2/2014 Jury Trial reset for 9/22/2014 09:30 AM in Charlottesville before Judge Norman K. Moon. Discovery due by 5/1/2014 Deadline for hearing on Dispositive motions 7/30/2014. Rule 26(a)(3) Disclosures and exchange of exhibits due 9/2/2014. Deadline for completion of depositions in lieu of trial appearance - 9/2/2014. Signed by Judge Norman K. Moon on 10/30/2013. (mab)

Oct. 30, 2013 PACER
84

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 11/15/2013. (mab)

Nov. 15, 2013 RECAP
85

ORDER denying 68 Motion to Dismiss for Failure to State a Claim. Signed by Judge Norman K. Moon on 11/15/2013. (mab)

Nov. 15, 2013 RECAP
86

Minute Entry for proceedings held before Judge Norman K. Moon: Motion Hearing held on 11/21/2013 re 72 MOTION to Compel Discovery filed by Patricia Knight, Bobinette D. Fearce, Cynthia B. Scott, Rebecca L. Scott, Marguerite Richardson. (Court Reporter Sonia Ferris.) (hnw) (Entered: 11/22/2013)

Nov. 21, 2013 PACER
88

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 11/25/13. (hnw)

Nov. 25, 2013 RECAP
89

ORDER granting 72 Motion to Compel discovery. Furthermore, Plaintiff's request, pursuant to Federal Rule of Civil Procedure 37(a)(5)(A), to recover reasonable expenses and attorney's fees incurred in the preparation and filing of the motion to compel is Granted. Signed by Judge Norman K. Moon on 11/25/13. (hnw)

Nov. 25, 2013 PACER
90

Brief / Memorandum in Support re 72 MOTION to Compel Discovery Petition for Attorneys' Fees. filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Attachments: # 1 Exhibit 1 and 2)(Castaneda, Brenda) Modified on 4/9/2014 (hnw).

1 Exhibit 1 and 2

View on PACER

Dec. 16, 2013 RECAP
91

Response re 90 Brief / Memorandum in Support, Response to Plaintiff's Petition Regarding Recoverable Attorneys' Fees. filed by Phyllis A. Baskerville, Harold W. Clarke, A. David Robinson, Frederick Schilling. (Parsons, John)

Dec. 30, 2013 PACER
92

PROTECTIVE ORDER. Signed by Judge Norman K. Moon on 1/6/14. (hnw)

Jan. 6, 2014 PACER
93

Response re 91 Response to Plaintiffs' Petition regarding Recoverable Attorneys' Fees. filed by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Finkenstadt, Ivy)

Jan. 9, 2014 PACER
94

MOTION to Substitute Attorney by Corizon Health, Inc., Mark Militana. (Attachments: # 1 Text of Proposed Order Allowing Substitution of Counsel)(Daniel, Kevin)

1 Text of Proposed Order Allowing Substitution of Counsel

View on PACER

Jan. 14, 2014 PACER
95

ORDER granting 94 Motion to Substitute Attorney. Added attorney John David Wilburn and Kevin J. Daniel for Corizon Health, Inc. and for Mark Militana. Attorney Edward J. McNelis, III and Elizabeth Martin Muldowney terminated. Signed by Judge Norman K. Moon on 1/16/14. (jcj)

Jan. 16, 2014 PACER
96

MOTION to Withdraw as Attorney by Alex R. Gulotta by Bobinette D. Fearce, Patricia Knight, Marguerite Richardson, Cynthia B. Scott, Rebecca L. Scott. (Castaneda, Brenda)

Feb. 3, 2014 PACER
97

NOTICE of Appearance by Amy Elizabeth Miller on behalf of Corizon Health, Inc. (Miller, Amy)

Feb. 21, 2014 PACER
98

NOTICE of Appearance by Phillip C. Chang on behalf of Corizon Health, Inc. (Chang, Phillip)

Feb. 21, 2014 PACER
99

ORDER granting 96 Motion to Withdraw as Attorney. Attorney Alex Ross Gulotta terminated. Signed by Judge Norman K. Moon on 3/4/14. (hnw)

March 4, 2014 PACER
100

Joint MOTION to Take Deposition from Cynthia Scott, Bobinette Fearce, Marguerite Richardson and Rebecca Scott by Corizon Health, Inc., Mark Militana. (Attachments: # 1 Text of Proposed Order)(Daniel, Kevin)

1 Text of Proposed Order

View on PACER

March 7, 2014 PACER
101

NOTICE by Corizon Health, Inc., Mark Militana re 100 Joint MOTION to Take Deposition from Cynthia Scott, Bobinette Fearce, Marguerite Richardson and Rebecca Scott (Daniel, Kevin)

March 13, 2014 PACER
102

ORDER granting 100 Motion to Take Deposition from Cynthia B. Scott, Bobinette Fearce, Marguerite Richardson, and Rebecca Scott all Virginia Department of Corrections inmates. Signed by Judge Norman K. Moon on 3/14/2014. (mab)

March 14, 2014 PACER

State / Territory: Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-WalMart decisions on class certification

Key Dates

Filing Date: July 24, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All women who currently reside or will in the future reside at the Fluvanna Correctional Center for Women and who have sought, are currently seeking, or will seek medical care for serious medical need

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Legal Services/Legal Aid

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Virginia Department of Corrections, State

Armor Correctional Health Services, Inc., Private Entity/Person

Corizon Health, Inc., Private Entity/Person

Defendant Type(s):

Corrections

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

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2.5 million

Order Duration: 2015 - None

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Recordkeeping

Reporting

Training

Issues

General:

Conditions of confinement

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run

Non-government for profit