Case: Hollihan v. Pennsylvania Department of Corrections

3:15-cv-00005 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Jan. 2, 2015

Closed Date: March 21, 2020

Clearinghouse coding complete

Case Summary

On January 2, 2015, a prisoner in Pennsylvania sued the Pennsylvania Department of Corrections ("PDOC"), several of its employees and administrators in their official and individual capacities, as well as Wexford Health Sources (the provider of medical care in state prisons), in the United States District Court for the Middle District of Pennsylvania. The lawsuit was brought under the Rehabilitation Act, the Americans with Disabilities Act, and 42 U.S.C. § 1983, for the alleged deprivation of t…

On January 2, 2015, a prisoner in Pennsylvania sued the Pennsylvania Department of Corrections ("PDOC"), several of its employees and administrators in their official and individual capacities, as well as Wexford Health Sources (the provider of medical care in state prisons), in the United States District Court for the Middle District of Pennsylvania. The lawsuit was brought under the Rehabilitation Act, the Americans with Disabilities Act, and 42 U.S.C. § 1983, for the alleged deprivation of the plaintiff's Eighth Amendment rights. The plaintiff alleged that the PDOC systematically denied medical care to persons with severe eye conditions, including severe cataracts. The plaintiff was represented by both private counsel and attorneys from the Pennsylvania Institutional Law Project and sought declaratory and injunctive relief; compensatory and punitive damages; and attorneys' fees and costs. Along with his complaint, he filed a motion for class certification.

Since 1999, the plaintiff had suffered from various eye and vision conditions and had received cataract surgery on his right eye in 2001. Prior to 2008, an optometrist determined that the plaintiff's left eye required cataract surgery, to which the plaintiff consented. However, the defendants denied the recommended surgery, and the plaintiff appealed the denial to no avail. The DOC allegedly had an administrative policy colloquially known as the "One Good Eye" policy, which denies cataract surgery to those who retain a threshold modicum of visual acuity in one eye, notwithstanding physician recommendations to the contrary. In 2012, the plaintiff was diagnosed with a cataract in his left eye, and his treating ophthalmologist requested surgery, which was scheduled for September 2012, but then postponed the procedure.

The plaintiff filed an administrative grievance seeking surgery, but in January 2013, the defendant upheld the decision to postpone. In May 2013, the plaintiff received an additional eye examination, his left eye was diagnosed with a "very dense cataract," and he was referred for surgery. One of the defendant's staff instead scheduled the plaintiff for a follow-up consultation three months later and explained that the plaintiff was ineligible for cataract surgery on his left eye because the visual acuity in his right eye measured 20/60. Over the next two years, the plaintiff repeatedly requested further information regarding his ineligibility and filed another administrative grievance, while the cataract in his left eye caused virtual blindness in that eye and allegedly caused the vision in his right eye to deteriorate. He ultimately received cataract surgery on his left eye in Febuary 2015.

Wexford filed a motion to dismiss on March 24, 2015. The other defendants filed their own motions to dismiss on April 16, 2015 and June 3, 2015, and the PDOC filed a motion for judgment and to stay discovery on July 17, 2015. Chief Judge Christopher C. Conner granted the motion to stay discovery. After a teleconference with the plaintiffs and defendants on August 24, 2015, however, the Court ordered that the defendants had failed to show good cause for keeping their cataract surgery policy confidential, although such policy has not appeared in the Court record yet.

On July 17, 2015, the PDOC and its administrators filed a motion to stay discovery pending disposition of the plaintiff's motion for class certification, the defendants' motion to dismiss, and the defendants' motion for judgment on the pleadings. On July 21, 2015, the Court granted the motion.

On September 18, 2015, the Court denied the plaintiff's motion for class certification without prejudice. The Court stated that it would allow limited discovery related to the eligibility of this case for class action certification.

On January 20, 2016, the Court granted in part and denied in part the defendants' motions to dismiss. The motions were denied as to the allegations that the defendants discriminated against the plaintiff on the basis of disability in violation of the ADA or § 504, and that some of the staff member defendants violated his Eighth Amendment right to be free from cruel and unusual punishment in their individual capacities. The motions were granted as to the allegations that Wexford and some of the staff member defendants, acting in their official capacities, violated his Eighth Amendment right to be free from cruel and unusual punishment, and that the same staff member defendants, acting in their official capacities, violated Pennsylvania's constitutional protections against cruel and unusual punishment. The Court noted that the plaintiff had sought only injunctive relief against some of the defendants and, because he had received the cataract surgery, those claims were moot. 159 F. Supp. 3d 502.

On February 4, 2016, the parties jointly moved to stay pretrial deadlines pending the conclusion of settlement negotiations. On February 8, the Court granted the parties' motion and ordered that counsel submit status reports every 60 days.

On April 8, 2016, the plaintiff wrote a letter notifying the Court that settlement negotiations with the PDOC and two of its administrators were proceeding but that negotiations with Wexford and its physicians had stalled. On April 19, 2016, the plaintiff moved to partially lift the stay with respect to the Wexford defendants, which the Court denied on April 20, 2016. Negotiations continued throughout the remainder of the year.

On January 17, 2017, Chief Judge Conner signed an order referring the case for purposes of settlement only to Magistrate Judge Martin C. Carlson. A mediation took place on February 7, 2017.

On February 8, 2017, Chief Judge Conner ordered the case dismissed without costs and without prejudice under the terms of a settlement agreement to which the parties had agreed.

Thirty days after February 8, 2017, PDOC agreed to adopt a new cataract policy to replace the old "One Good Eye" policy. An individual would be eligible for cataract surgery even if the individual has one eye that does not need to be operated on. Additionally, individuals who were denied surgery under the old policy would be evaluated on a rolling basis according to the new cataract policy. The PDOC would also let individuals know about the policy change, and provide surgical evaluations for individuals with cataracts and post-operative care after the cataract surgery. For 3 years after February 8, 2017, the PDOC would provide plaintiff's counsel with an accounting of individuals who have cataracts and how they were evaluated under the new cataract policy. They must also provide plaintiff's counsel with a copy of proposed changes or revisions to the new cataract policy, if any. The PDOC also agreed to pay the plaintiff $16,500 but did not agree to pay attorneys' fees. The parties agreed that the Court would retain jurisdiction over the implementation and enforcement of this agreement for 3 years, after which the case would be dismissed with prejudice. On March 21, 2017, the parties signed a formal settlement agreement.

Litigation continued over attorneys' fees and costs.

On February 23, 2018, Magistrate Judge Carlson conducted a settlement conference for the parties. The parties reached an agreement, and on February 26, 2018, Chief Judge Connor ordered that a motion by the plaintiff for attorneys' fees be dismissed as moot because of this resolution.

On March 30, 2018, an individual sent a handwritten letter to the Court explaining that he had not received surgery for his cataracts and that his vision was deteriorating. Judge Carlson forwarded this letter to counsel for both parties.

The settlement agreement expired without any further docket activity, so the case is now closed.

Summary Authors

Carolyn Weltman (10/19/2015)

Elizabeth Greiter (3/22/2018)

Caitlin Hatakeyama (10/16/2018)

Alex Moody (4/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5215772/parties/hollihan-v-pennsylvania-department-of-corrections/


Judge(s)

Carlson, Martin C. (Pennsylvania)

Conner, Christopher C. (Pennsylvania)

Attorneys(s) for Plaintiff

Koczan, Paula A. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Rickabaugh, Jessica A. (Pennsylvania)

Rothschild, Eric J. (Pennsylvania)

Rudovsky, David (Pennsylvania)

Schmidt, Thomas B III (Pennsylvania)

Wolfish, Eric (Pennsylvania)

Judge(s)

Carlson, Martin C. (Pennsylvania)

Conner, Christopher C. (Pennsylvania)

Attorneys(s) for Plaintiff

Koczan, Paula A. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Rickabaugh, Jessica A. (Pennsylvania)

Rothschild, Eric J. (Pennsylvania)

Rudovsky, David (Pennsylvania)

Schmidt, Thomas B III (Pennsylvania)

Wolfish, Eric (Pennsylvania)

Yaniak, Janine P (Pennsylvania)

Attorneys(s) for Defendant

Davis, Jessica S. (Pennsylvania)

Enerson, Caleb Curtis (Pennsylvania)

Foreman, Samuel H. (Pennsylvania)

Hamilton, Michael C. (Pennsylvania)

Rosenberg, David J. (Pennsylvania)

Expert/Monitor/Master

Murphy, George Francis IV (District of Columbia)

Documents in the Clearinghouse

Document

3:15-cv-00005

Docket [PACER]

April 5, 2018

April 5, 2018

Docket
1

3:15-cv-00005

Class Action Complaint For Damages , Declaratory and Injunctive Relief

Jan. 2, 2015

Jan. 2, 2015

Complaint
78

3:15-cv-00005

Order

Sept. 18, 2015

Sept. 18, 2015

Order/Opinion
89

3:15-cv-00005

Order

Jan. 20, 2016

Jan. 20, 2016

Order/Opinion
125-1

3:15-cv-00005

Settlement Agreement and Release

May 4, 2017

May 4, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5215772/hollihan-v-pennsylvania-department-of-corrections/

Last updated Aug. 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-3316013), filed by Richard Hollihan. (Attachments: # 1 Civil Cover Sheet)(lh) (Entered: 01/08/2015)

Jan. 2, 2015

Jan. 2, 2015

PACER

DOCKET ANNOTATION: Sent Petition for Special Admission and ECF Registration form to Eric Wolfish. (lh)

Jan. 8, 2015

Jan. 8, 2015

PACER
2

MOTION to Certify Class by Richard Hollihan. (Attachments: # 1 Proposed Order)(Schmidt, Thomas) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER

SPECIAL ADMISSION FORM and ECF REGISTRATION SENT to Attorney Eric Wolfish. (ch1)

Jan. 9, 2015

Jan. 9, 2015

PACER

DOCKET ANNOTATION: Case assigned to Judge Conner. (kc)

Jan. 13, 2015

Jan. 13, 2015

PACER
3

BRIEF IN SUPPORT re 2 MOTION to Certify Class filed by Richard Hollihan.(Schmidt, Thomas) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
4

NOTICE of Appearance by Paula A. Koczan on behalf of Wexford Health Sources, Inc. (Koczan, Paula) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER

SPECIAL ADMISSION FORM emailed to Paula Koczan (lg)

Jan. 29, 2015

Jan. 29, 2015

PACER
5

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Michael C Hamilton on behalf of Wexford Health Sources, Inc. Attorney Michael Hamilton is seeking special admission. Filing fee $ 50, receipt number 0314-3345595.. (Hamilton, Michael) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Paula A. Koczan on behalf of Wexford Health Sources, Inc. Attorney Paula Koczan is seeking special admission. Filing fee $ 50, receipt number 0314-3345618.. (Koczan, Paula) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
7

NOTICE of Appearance by Michael C Hamilton on behalf of Wexford Health Sources, Inc. (Hamilton, Michael) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
8

SPECIAL ADMISSIONS FORM APPROVED as to Michael C. Hamilton (eo) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
9

SPECIAL ADMISSIONS FORM APPROVED as to Paula A. Koczan (eo) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER

DOCKET ANNOTATION: Michael C. Hamilton is verified as active with the PA state bar. (lh)

Feb. 4, 2015

Feb. 4, 2015

PACER

DOCKET ANNOTATION: Paula Ann Koczan is active with the PA state bar. (lh)

Feb. 4, 2015

Feb. 4, 2015

PACER
10

Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (pjr) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
11

NOTICE of Appearance by Jessica S. Davis on behalf of Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel (Davis, Jessica) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
12

SUMMONS Returned Executed by John Wetzel, Bryan Hyde, Pennsylvania Department of Corrections. John Wetzel served on 1/26/2015, answer due 2/17/2015; Bryan Hyde served on 1/26/2015, answer due 2/17/2015; Pennsylvania Department of Corrections served on 1/26/2015, answer due 2/17/2015. (Davis, Jessica) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
13

NOTICE of Appearance by Angus R. Love on behalf of Richard Hollihan (Love, Angus) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
14

NOTICE of Appearance by Alexandra T Morgan-Kurtz on behalf of Richard Hollihan. (Morgan-Kurtz, Alexandra) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

PACER
15

WAIVER OF SERVICE Returned by Richard Hollihan. Wexford Health Sources, Inc. waiver sent on 1/23/2015, answer due 3/24/2015. (Schmidt, Thomas) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
16

CERTIFICATE of Service by Richard Hollihan re 3 Brief in Support, 2 MOTION to Certify Class . (Schmidt, Thomas) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wexford Health Sources, Inc..(Koczan, Paula) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
18

BRIEF IN SUPPORT re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wexford Health Sources, Inc..(Koczan, Paula) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
19

MOTION for Extension of Time to File Answer re 1 Complaint by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
20

MOTION for Extension of Time to to file Brief in Opposition to Plaintiff's Motion for Class Certification by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
21

ORDER granting Commonwealth deft' motion for ext of time 19 to file answer to complaint until 5/4/2015. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 3/30/15. (ki) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
22

ORDER granting Commonwealth deft' motion for ext of time 20 to file brief in opp to pltf's motion for class certification until 5/4/15. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/30/15. (ki) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
23

BRIEF IN OPPOSITION re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard Hollihan.(Schmidt, Thomas) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
24

ATTACHMENT(S) Unpublished Opinions by Richard Hollihan re 23 Brief in Opposition, filed by Richard Hollihan. Related document: 23 Brief in Opposition filed by Richard Hollihan.(Schmidt, Thomas) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
25

NOTICE of Appearance by Michael C Hamilton on behalf of Rashida Mahmud, John Robinson (Hamilton, Michael) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
26

NOTICE of Appearance by Paula A. Koczan on behalf of Rashida Mahmud, John Robinson (Koczan, Paula) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
27

BRIEF IN OPPOSITION re 2 MOTION to Certify Class filed by Rashida Mahmud, John Robinson, Wexford Health Sources, Inc..(Hamilton, Michael) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
28

MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rashida Mahmud, John Robinson. (Attachments: # 1 Proposed Order)(Hamilton, Michael) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
29

BRIEF IN SUPPORT re 28 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rashida Mahmud, John Robinson.(Hamilton, Michael) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
30

WAIVER OF SERVICE Returned - Rashida Mahmud waiver sent on 4/15/2015, answer due 6/15/2015. (pjr) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
31

WAIVER OF SERVICE Returned - John Robinson waiver sent on 4/15/2015, answer due 6/15/2015. (pjr) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
32

REPLY BRIEF re 2 MOTION to Certify Class (PLAINTIFFS REPLY IN SUPPORT OF HIS MOTION FOR CLASS CERTIFICATION) filed by Richard Hollihan. (Attachments: # 1 Unpublished Opinions)(Schmidt, Thomas) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
33

DECLARATION by Richard Hollihan re 32 Reply Brief (DECLARATION OF ERIC S. WOLFISH IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF HIS MOTION FOR CLASS CERTIFICATION). (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Schmidt, Thomas) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
34

BRIEF IN OPPOSITION re 28 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard Hollihan. (Attachments: # 1 Unpublished Opinions)(Schmidt, Thomas) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
35

NOTICE of Appearance by Michael C Hamilton on behalf of Donald Kera (Hamilton, Michael) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
36

NOTICE of Appearance by Paula A. Koczan on behalf of Donald Kera (Koczan, Paula) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
37

WAIVER OF SERVICE Returned by Richard Hollihan. Donald Kera waiver sent on 4/17/2015, answer due 6/16/2015. (Schmidt, Thomas) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER

SPECIAL ADMISSION FORM emailed to Attorney Michael C. Hamilton (lg)

May 4, 2015

May 4, 2015

PACER

SPECIAL ADMISSION FORM emailed to Attorney Paula Koczan (lg)

May 4, 2015

May 4, 2015

PACER

DOCKET ANNOTATION: Attorney Hamilton and Attorney Koczan have already been specially admitted in this case; no further paperwork required. (lg)

May 4, 2015

May 4, 2015

PACER
38

SCHEDULING ORDER: Initial Case Management Conference set for 6/17/2015 @ 10:00 AM - placement of the telephone conference call is the responsibility of the plaintiff. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/4/15. (ki) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER
39

ANSWER to 1 Complaint by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Davis, Jessica) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER
40

BRIEF IN OPPOSITION re 2 MOTION to Certify Class filed by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER
41

REPLY by Richard Hollihan. to 40 Brief in Opposition to Motion for Class Certification. (Attachments: # 1 Exhibit(s) A - Unpublished Opinions)(Schmidt, Thomas) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
42

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Donald Kera.(Koczan, Paula) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
43

CASE MANAGEMENT PLAN by Richard Hollihan. (Attachments: # 1 Exhibit(s) A-1 Stipulation and Order Regarding Confidentiality, # 2 Exhibit(s) A-2 Confidentiality Stipulation)(Schmidt, Thomas) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

PACER
44

BRIEF IN SUPPORT SUPPLEMENT re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Donald Kera, Rashida Mahmud, John Robinson, Wexford Health Sources, Inc..(Koczan, Paula) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
45

BRIEF IN OPPOSITION re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SUPPLEMENT filed by Donald Kera, Rashida Mahmud, John Robinson, Wexford Health Sources, Inc..(Koczan, Paula) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
47

ORDER re: Stipulation 43 -1 of parties - It is hereby ORDERED that the Stipulation of the parties set forth above is hereby entered as an order of the court. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/17/15. (ki) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER
48

CASE MANAGEMENT ORDER (COMPLEX TRACK) - Sets forth case management instructions, guidelines & pretrial/trial schedule, inc. - Fact Discovery due by 3/17/2016; Final Pretrial Conference set for 10/19/2016 @ 10:00 AM in Harrisburg - Jury Room #2; Jury Selection & Jury Trial set for 11/7/2016 @ 09:30 AM in Harrisburg - Courtroom 2 before Chief Judge Christopher C. Conner; Dispositive Motions due by 6/17/2016; Motions in Limine due by 9/8/16; Pretrial Memos due by noon on 10/12/2016. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/17/15. (ki) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER
49

ORDER directing deft Dr. Kern to file brief in supp of motion to dismiss 42 w/in 7 days of date of this order, noting failure to file br in supp may result in court deeming motion to dismiss withdrawn. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/26/15. (ki) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
50

BRIEF IN SUPPORT re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Donald Kera.(Hamilton, Michael) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
51

Letter from Defendants' Counsel - Jessica S. Davis, DAG requesting a teleconference to resolve a dispute. (Davis, Jessica) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
52

ORDER REFERRING discovery matter re: letter 51 from cnsl for defts to Magistrate Judge Susan E. Schwab for resolution. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/29/15. (ki) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
53

REPLY BRIEF re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 2 MOTION to Certify Class, 28 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Consolidated Response To Supplemental Briefs filed by Richard Hollihan. (Attachments: # 1 Exhibit(s) 1, # 2 Unpublished Opinion(s))(Schmidt, Thomas) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
54

VERBAL ORDER: A telephonic conference is scheduled for July 21, 2015, at 1:30 p.m. Plaintiff shall initiate the call by contacting Chambers at (717) 221-3980 once all parties and participants are on the line. In the event that the parties and participants agree that the conference should be rescheduled, we ask that a joint letter be filed on the Docket formally making such a request. In addition, the joint letter shall include a list of several dates and times when all parties and participants are available for conferencing in order to avoid having to reschedule the conference on multiple occasions.Ordered by Magistrate Judge Susan E. Schwab on 07/06/15. (ma) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
55

Letter from Jessica S. Davis, DAG to Hon. Susan E. Schwab re rescheduling of 7/21/15 telephone conference . (Davis, Jessica) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
56

BRIEF IN OPPOSITION re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard Hollihan.(Schmidt, Thomas) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

PACER
57

VERBAL ORDER - IT IS ORDERED that on or before July 15, 2015, defense counsel shall file a letter on the Docket providing the Court with a list of dates and times that work for all parties so as to avoid having to reschedule the discovery conference again. Issued by Magistrate Judge Susan E. Schwab on July 14, 2015. (kjn) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
58

Letter from Jessica S. Davis, DAG to Hon. Susan Schwab re Additonal Dates . (Davis, Jessica) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
59

VERBAL SCHEDULING ORDER - IT IS ORDERED that the upcoming telephonic discovery conference is RESCHEDULED for July 31, 2015, at 10:00 a.m. Plaintiff shall initiate the call by contacting Chambers at (717) 221-3980 once all parties are on the line. Issued by Magistrate Judge Susan E. Schwab on July 16, 2015. (kjn) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
60

MOTION for Judgment on the Pleadings by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel. (Attachments: # 1 Proposed Order)(Davis, Jessica) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
61

MOTION to Stay Discovery by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel. (Attachments: # 1 Proposed Order)(Davis, Jessica) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
62

BRIEF IN SUPPORT of Commonwealth Defendants' Motion to Stay Discovery re 61 MOTION to Stay Discovery filed by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
63

ORDER granting defts' motion to stay discovery 61, STAYING discovery pending disposition of motion for class certification 2 & motions 17, 28, 42 & 60, & noting pretrial & trial schedule shall issue upon resolution of said motions. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/21/15. (ki) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

RECAP
64

BRIEF IN SUPPORT re 60 MOTION for Judgment on the Pleadings filed by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel. (Attachments: # 1 Exhibit(s) Exhibit A)(Davis, Jessica) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
65

ORDER: On or before 8/7/15, the parties shall file letter briefs, citing to any relevant evidence and proper authority, reiterating their positions regarding the pending discovery dispute. Signed by Magistrate Judge Susan E. Schwab on 08/03/15. (ma) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
67

Letter from Eric S. Wolfish to The Honorable Susan E. Schwab. (Schmidt, Thomas) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
68

Letter from Jessica S. Davis, DAG to the Honorable Susan E. Schwab re DOC Cataract Policy . (Davis, Jessica) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
69

Unopposed MOTION for Extension of Time to FILE OPPOSITION TO THE COMMONWEALTH DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS by Richard Hollihan. (Attachments: # 1 Proposed Order)(Schmidt, Thomas) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
70

ORDER granting pltf's motion for ext of time 69 to file brief in opp to Comm defts' motion for judgment on the pleadings until 8/21/14 w/ Comm deft's reply due by 9/9/15. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/14/15. (ki) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER

VERBAL ORDER - IT IS ORDERED that a telephonic conference is scheduled for August 24, 2015, at 11:00 a.m. Plaintiffs shall initiate the call by contacting Chambers at (717) 221-3980 once all parties and participants are on the line. In the event that any party needs to reschedule, a letter shall be filed on the Docket providing us with good cause as to why the conference should be rescheduled in addition to a proposed list of alternative dates and times to which all parties and participants are available. Ordered by Magistrate Judge Susan E. Schwab on 8/18/2015. (ktt)

Aug. 18, 2015

Aug. 18, 2015

PACER
71

BRIEF IN OPPOSITION re 60 MOTION for Judgment on the Pleadings filed by Richard Hollihan. (Attachments: # 1 Unpublished Opinion(s))(Schmidt, Thomas) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
73

ORDER - IT IS ORDERED that the defendants have failed to show good cause for keeping the Department of Corrections policy regarding cataract surgery confidential. The Department of Corrections has not carried its burden of demonstrating that disclosure of this policy will cause a clearly defined and serious injury. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 8/24/2015. (ktt) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
74

MOTION for Extension of Time to File Reply Brief in Support of Motion for Judgment on the Pleadings by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
75

ORDER - IT IS ORDERED that Defendants motion for an extension of time 74 is GRANTED. Defendants shall file a reply brief in support of their motion for judgment on the pleadings on or before September 16, 2015. The reply brief must conform to the requirements of Local Rule 7.8. Signed by Magistrate Judge Susan E. Schwab on 9/10/2015. (ktt) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
76

REPLY BRIEF re 60 MOTION for Judgment on the Pleadings filed by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
77

Unreported Decisions to Reply Brief Filed (Doc. 76) by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel. 76 Reply Brief . (Attachments: # 1 Unpublished Opinion(s))(Davis, Jessica) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
78

ORDER denying motion for class certification 2 w/out prejudice, permitting parties to engage in discoery limited to issue of class beginning on date hereof & to be completed by 11/20/15, permitting pltf to file motion for class certification following close of class discovery & on or before 12/15/15, & noting notw/standing directive in Para 2 discovery in matter otherwise remains STAYED pending further order of court. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/18/15. (ki) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

RECAP
79

MOTION for Extension of Time to Complete Class Discovery by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
80

ORDER granting Commonwealth defts' motion for ext of time 79 tocomplete class discovery until 12/21/15 & pltf's deadline to file motion for class certification ext'd to 1/22/16. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/24/15. (See order for complete details.) (ki) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
82

Letter from Jessica S. Davis, DAG to Hon. Christopher C. Conner re Class Discovery . (Davis, Jessica) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
83

ORDER granting construed motion for ext of time 82 to file proposed revised class discovery deadlines until 12/28/15. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/23/15. (ki) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
84

MOTION for Extension of Time to File Proposed Order by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel.(Davis, Jessica) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
85

ORDER granting the mtn for exttm 84 . The parties shall file a proposed order setting forth revised class discovery deadlines on or before 12/30/15.Signed by Chief Judge Christopher C. Conner on 12/28/15. (ma) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
86

Proposed Pretrial Order Jointly Submitted for Class Discovery Deadlines by Bryan Hyde, Pennsylvania Department of Corrections, John Wetzel. (Davis, Jessica) (Entered: 12/30/2015)

Dec. 30, 2015

Dec. 30, 2015

PACER
87

ORDER setting schedule for parties to conduct class discovery. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 1/4/16. (ki) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
88

MEMORANDUM (Order to follow as separate docket entry) re: 60 MOTION for Judgment on the Pleadings filed by Pennsylvania Department of Corrections, John Wetzel, Bryan Hyde, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wexford Health Sources, Inc., 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dr. Donald Kern, 28 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Robinson, Rashida Mahmud. (See memo for complete details.)Signed by Chief Judge Christopher C. Conner on 1/20/16. (ki) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

RECAP
89

ORDER (Memorandum 88 filed previously as separate docket entry). It is hereby ORDERED that: 1. MTD 28 by Drs. Mahmud & Robinson & mot for jdgmt on pleadings 60 by Comm defts GRANTED to extent they seek dismissal of Cts III & IV of Hollihan's complaint & DENIED in all other respects.; 2. MTDs 17 & 42 by Wexford & Dr. KERN DENIED.; 3. Cts III & IV of Hollihan's complaint DISMISSED w/out prejudice & Hollihan granted leave to file amended complaint w/in 20 days of date of this order.... (see Para 3 for specifics).;l 4. In absence of timely filed amended complaint action shall proceed on remaining claims. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/20/16. (ki) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

RECAP
90

Joint MOTION to Stay PRETRIAL DEADLINES by Richard Hollihan. (Attachments: # 1 Proposed Order)(Schmidt, Thomas) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
91

ORDER granting joint motion to stay pretrial deadlines 90 pending conclusion of settlement negotiations & directing cnsl to submit report advising ct of status of settlement negotiations by 4/8/16 w/ successive status reports every 60 days thereafter. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/8/16. (ki) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
92

STATUS REPORT of 4/8/16 filed by counsel for plaintiff Richard Hollihan. (ki) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

RECAP
93

MOTION to Lift Stay re 92 Status Report, 91 Order on Motion to Stay, by Richard Hollihan. (Attachments: # 1 Proposed Order)(Schmidt, Thomas) (Entered: 04/19/2016)

1 Proposed Order

View on PACER

April 19, 2016

April 19, 2016

PACER
94

ORDER denying Hollihan's motion to partially lift stay 93 & directing cnsl for all parties to file joint status rpt advising court of status of settlement negotiations by 6/7/16. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/20/16. (ki) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 2, 2015

Closing Date: March 21, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An incarcerated man with a severe cataract in his left eye and deteriorating vision in his right eye.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Kairys, Rudovsky, Messing & Feinberg, LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Pennsylvania Department of Corrections (Mechanicsburg, Pennsylvania., Cumberland), State

Wexford Health Sources, Inc. (Pittsburgh, Allegheny), Private Entity/Person

Defendant Type(s):

Corrections

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):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Conditional Dismissal

Amount Defendant Pays: 16,500

Order Duration: 2017 - 2020

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Reporting

Required disclosure

Issues

General:

Disparate Treatment

Other

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Medical/Mental Health:

Vision care

Type of Facility:

Government-run