Case: Ligons v. Minnesota Department of Corrections

0:15-cv-02210 | U.S. District Court for the District of Minnesota

Filed Date: May 1, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 1, 2015, inmates of the Minnesota Department of Corrections (MDOC) suffering from hepatitis-C filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Minnesota Department of Corrections and Centene Corporation, a provider of healthcare for inmates, under 42 U.S.C. § 1983, Article I § 8 of the Minnesota Constitution, the Americans with Disabilities Act, and the Rehabilitation Act of 1973. The plaintiffs, represented by private counsel,…

On May 1, 2015, inmates of the Minnesota Department of Corrections (MDOC) suffering from hepatitis-C filed this lawsuit in the United States District Court for the District of Minnesota. The plaintiffs sued the Minnesota Department of Corrections and Centene Corporation, a provider of healthcare for inmates, under 42 U.S.C. § 1983, Article I § 8 of the Minnesota Constitution, the Americans with Disabilities Act, and the Rehabilitation Act of 1973. The plaintiffs, represented by private counsel, sought declaratory judgment, injunctive and equitable relief, and compensatory and punitive damages. The plaintiffs claimed that defendants violated the 5th, 8th and 14th Amendments to the Constitution of the United States, Article I §§ 2, 5, and 7 of the Minnesota Constitution, Title II of the Americans with Disabilities Act, and § 504 of the Rehabilitation Act of 1973. Specifically, they claimed that defendants refused to provide them with hepatitis-C drugs that met accepted medical standards. They claimed that defendants subjected them to less effective and more dangerous 48-week Interferon treatments for non-medical reasons that constituted “deliberate interference” to their serious medical needs.

Prior to late 2013, hepatitis-C treatment consisted of 48-week Interferon injections. Interferon was not highly effective and caused serious side effects. In January, 2014, the American Association for the Study of Liver Disease and Association for the Study of Infectious Disease recognized the potential of a new 12-week treatment regimen consisting of a daily pill with a 95% cure rate. The Federal Bureau of Prisons and other federal agencies recognized the new drug as the standard of care by June 2014, and the FDA approved sales under multiple labels by the end of 2014.

On June 3rd, 2015, plaintiffs filed their first amended complaint, adjusting the language of some of their claims and correcting the name of Centene Corporation to Centurion of Minnesota, LLC. Plaintiffs filed a second amended complaint on October 29, 2015, which removed plaintiffs’ claims based on the Fifth Amendment and the Minnesota Constitution. The second amended complaint also included voluminous medical reports on hepatitis-C.

On February 23, 2016, Judge Patrick J. Schiltz dismissed all claims against one of plaintiffs’ treating physicians based on a joint stipulation by the parties. In addition, the plaintiffs reached a confidential settlement with Centurion and another of plaintiffs’ physicians, the existence of which was entered in the record on October 5, 2016.

Litigation involving the remaining defendants dragged on for the next year; defendants moved for summary judgment, and plaintiffs moved for class certification, a preliminary injunction, and partial summary judgment. On October 4, 2017, Judge Schiltz rejected these and other pending motions. Judge Schiltz did, however, grant plaintiff’s motion to file a third amended complaint and “encourage[d]” plaintiffs to drop all claims except for those under the Eighth and Fourteenth Amendments.

Plaintiffs responded on December 1, 2017, with a drastic revision of their complaint. The third amended complaint added new named plaintiffs, removed unknown agents of the Minnesota Department of Corrections as defendants, and alleged violations of only the Eighth Amendment and the ADA. After unfruitful court-initiated settlement negotiations, plaintiffs moved to certify a class, and defendants moved for summary judgment. These motions were taken under advisement, and a trial was scheduled for February 2019.

The court granted in part and denied in part the defendants' motion for summary judgment and granted the plaintiffs' motion to certify class on January 3, 2019. The opinion was filed under seal because of its discussion of the plaintiffs’ medical conditions and is not available. Of the plaintiffs' claims that were dismissed, all but one were dismissed without prejudice. Judge Schlitz certified the class as “all current and future inmates of Minnesota correctional

facilities who have been diagnosed with chronic hepatitis C and have not

received treatment with a direct‐acting antiviral medication.” On March 3, the plaintiffs filed an unopposed motion to approve a class action settlement of the remaining claims. Judge Schiltz approved this settlement on June 24, 2019 and entered judgment that same day.

The settlement had two main requirements: 1) the defendant must amend their 2018 Guidelines on the testing and treatment of HCV to comply with factors outlined in the settlement and; 2) the defendant must update policy to include education of prisoners with HCV who are released from MDOC facilities. The settlement was set to last for 24 months and required the MDOC to submit quarterly reports on their compliance. The court retained jurisdiction until the later of July 25, 2021 or two years after any appeals from the approval of the settlement were resolved. The defendants agreed to pay $325,000 in attorneys’ fees and $41,144 in costs.

Because the court retained jurisdiction over the settlement, this case is ongoing for monitoring purposes.

Summary Authors

Maria Ricaurte (10/4/2015)

Mary Kate Sickel (3/26/2018)

Timothy Leake (10/31/2018)

Alex Moody (4/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4296003/parties/ligons-v-minnesota-department-of-corrections/


Judge(s)

Schiltz, Patrick Joseph (Minnesota)

Attorneys(s) for Plaintiff

Agbaje, Esther (Minnesota)

Ciresi, Michael V. (Minnesota)

Erlinder, Carl Peter (Minnesota)

Kemp, Kelly S (Minnesota)

Lehmann, Katie Crosby (Minnesota)

Mohring, Andrew H (Minnesota)

Nickitas, Peter J. (Minnesota)

Strauss, Lindsay (Minnesota)

Attorneys(s) for Defendant

Davis, Andrew W. (Minnesota)

Judge(s)

Schiltz, Patrick Joseph (Minnesota)

Attorneys(s) for Plaintiff

Agbaje, Esther (Minnesota)

Ciresi, Michael V. (Minnesota)

Erlinder, Carl Peter (Minnesota)

Kemp, Kelly S (Minnesota)

Lehmann, Katie Crosby (Minnesota)

Mohring, Andrew H (Minnesota)

Nickitas, Peter J. (Minnesota)

Strauss, Lindsay (Minnesota)

Attorneys(s) for Defendant

Davis, Andrew W. (Minnesota)

Ellison, Keith P. (Texas)

Fodness, Kathryn (Minnesota)

Jonassen, Kevin (Minnesota)

Novak, Anthony James (Minnesota)

Solheim, Mark A (Minnesota)

Tweeten, Andrew Henry (Minnesota)

Welsh, Ian M. (Minnesota)

Documents in the Clearinghouse

Document

Docket [PACER]

May 5, 2020 Docket
1

Complaint

May 1, 2015 Complaint
11

Amended Complaint

June 3, 2015 Complaint
205

Third Amended Complaint

Dec. 1, 2017 Complaint
317

Order

Jan. 3, 2019 Order/Opinion
327-1

Exhibit 1: Settlement Agreement and Release

March 15, 2019 Settlement Agreement
339

Order Approving Class Action Settlement

Maxcy v. Schnell

June 24, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4296003/ligons-v-minnesota-department-of-corrections/

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

ECF Number Description Date Link
1

COMPLAINT OF ALL PLAINTIFFS, AND ALL INDIVIDUALS SIMILARLY SITUATED, against All Defendants. (IFP Pending) Filed by Barry Scott Michaelson, Ronaldo S Ligons, John Miles, Jane Miles. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Nickitas, Peter) Modified text on 5/1/2015 (MMP). (Entered: 05/01/2015)

1 Civil Cover Sheet

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May 1, 2015 RECAP
2

Application to Proceed in District Court without Prepaying Fees or Costs OF PLAINTIFF BARRY MICHAELSON, ON BEHALF OF ALL PLAINTIFFS, filed by Ronaldo S Ligons, JANE MILES, JOHN MILES, Barry Scott Michaelson, John or Jane Roe, JANE STILES, JOHN STILES. (Nickitas, Peter) (Entered: 05/01/2015)

May 1, 2015 PACER
3

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Richard H. Kyle per Prisoner List referred to Magistrate Judge Becky R. Thorson. Please use case number 15-cv-2210 (RHK/BRT). (MMP) (Entered: 05/01/2015)

May 1, 2015 PACER
4

ORDER for Disqualification and for Reassignment. Signed by Judge Richard H. Kyle on 05/04/15. (KLL) (Entered: 05/04/2015)

May 4, 2015 PACER
5

TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Patrick J. Schiltz. Judge Richard H. Kyle no longer assigned to the case. NOTE: the new case number is 15-cv-2210 PJS/BRT. Please use this case number for all subsequent pleadings. (LEG) (Entered: 05/04/2015)

May 4, 2015 PACER
6

ORDER 1. Plaintiff Barry Michaelson's application to proceed in forma pauperis (Doc. No. 2 ) will not be granted at this time. 2. Michaelson must pay an initial partial filing fee of at least $57.91 within 20 days after the date of this order, failing which this Court will recommend that Michaelson be dismissed from this action without prejudice for failure to prosecute. 3. Plaintiff Ronaldo Ligons must either submit the full $400.00 filing fee or submit an application to proceed in forma pauperis within 20 days after the date of this order, failing which this Court will recommend that Ligons be dismissed from this action without prejudice for failure to prosecute. Signed by Magistrate Judge Becky R. Thorson on 5/11/15. (LEG) (Entered: 05/11/2015)

May 11, 2015 PACER
7

Application to Proceed in District Court without Prepaying Fees or Costs filed by Ronaldo Ligons. (Nickitas, Peter) (Entered: 05/19/2015)

May 19, 2015 PACER
8

RECEIPT number 34641012877 in the amount of $57.91 issued to Peter Nickitas. (LEG) Document QC'd on 5/26/2015 (JGK). (Entered: 05/20/2015)

May 20, 2015 PACER
9

ORDER that: 1. Plaintiff Ronaldo Ligons must pay an initial partial filing fee of at least $61.92 within 20 days after the date of this Order. 2. Should Ligons fail to pay the initial partial filing fee, it will be recommended that he be dismissed from this action without prejudice for failure to prosecute. Signed by Magistrate Judge Becky R. Thorson on 5/26/15. (LEG) (Entered: 05/26/2015)

May 26, 2015 PACER
10

RECEIPT number 34641012902 in the amount of $61.92 issued to Int Humanitarian Law Institute. (LEG) Modified text on 6/2/2015 (LEG). (Entered: 06/02/2015)

June 1, 2015 PACER
11

AMENDED COMPLAINT (FIRST) against All Defendants. Filed by Jane Stiles, Barry Michaelson, Ronaldo Ligons, Jane Roe, John Stiles, John Roe, John Miles, Jane Miles. Filer requests summons issued. (Nickitas, Peter) (Entered: 06/03/2015)

June 3, 2015 RECAP
12

FILED IN ERROR: Summons Issued as to CENTURION OF MINNESOTA, L.L.C., Jane Does A-J, John Does A-J, R. Hanson, Nanette Larson, Minnesota Department of Corrections, David A. Paulson, D. Quiram, Thomas Roy. (MMP) Modified on 6/4/2015 (TSS). (Entered: 06/03/2015)

June 3, 2015 PACER
13

ORDER The applications for leave to proceed in forma pauperis of plaintiffs Ronaldo Ligons and Barry Michaelson (Doc. Nos. 2 & 7 ) are GRANTED. See Order for details. Signed by Magistrate Judge Becky R. Thorson on 6/4/15. (LEG) (Entered: 06/04/2015)

June 4, 2015 PACER
14

Summons Issued as to CENTURION OF MINNESOTA, L.L.C., Centurion Managed Care, Jane Does A-J, John Does A-J, R. Hanson, Nanette Larson, Minnesota Department of Corrections, David A. Paulson, D. Quiram, Thomas Roy. (LEG) (Entered: 06/10/2015)

June 10, 2015 PACER
15

RECEIPT number 34641012968 in the amount of $288.08 issued to Int Humanitarian Law Institute for Ronaldo Ligons. (LEG) Document QC'd on 7/1/2015 (JGK). (Entered: 06/29/2015)

June 29, 2015 PACER
16

RECEIPT number 34641012969 in the amount of $292.09 issued to Int Humanitarian Law Inst for Barry Michaelson. (LEG) Document QC'd on 7/1/2015 (JGK). (Entered: 06/29/2015)

June 29, 2015 PACER
17

LETTER TO DISTRICT JUDGE AND MAGISTRATE JUDGE by Ronaldo Ligons, Barry Michaelson (AND TO M.J. THORSON -- SEEKING LEAVE TO ADDRESS COURT BY LETTER, REGARDING FILING FEE ISSUE). (Nickitas, Peter) Modified text on 6/30/2015 (MMP). (Entered: 06/30/2015)

June 30, 2015 PACER
18

STIPULATION to Extend Deadline to File an Answer to First Amended Complaint by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. Jointly Signed by Dr. D. Quiram, M.D., Dr. R. Hanson, M.D., Centurion of Minnesota, LLC, Ronaldo Ligons, and Barry Michaelson. (Strauss, Lindsay) (Entered: 07/02/2015)

July 2, 2015 PACER
19

RECEIPT number 44641084257 in the amount of $51.55 issued to Barry Michaelson. (LEG) DOCUMENT QC'd by KT on 7/9/15. (kt) (Entered: 07/06/2015)

July 6, 2015 PACER
20

ORDER re 18 Stipulation. The deadline by which Defendants must file an Answer to Plaintiffs First Amended Complaint is extended to July 28, 2015. Signed by Magistrate Judge Becky R. Thorson on 7/6/15. (LEG) (Entered: 07/06/2015)

July 6, 2015 PACER
21

SUMMONS Returned Executed by Jane Stiles, Barry Michaelson, Ronaldo Ligons, Jane Roe, John Stiles, John Roe, John Miles, Jane Miles. CENTURION OF MINNESOTA, L.L.C. served on 6/23/2015, answer due 7/14/2015; R. Hanson served on 6/23/2015, answer due 7/14/2015; Nanette Larson served on 6/23/2015, answer due 7/14/2015; Minnesota Department of Corrections served on 6/23/2015, answer due 7/14/2015; David A. Paulson served on 6/30/2015, answer due 7/21/2015; D. Quiram served on 6/23/2015, answer due 7/14/2015; Thomas Roy served on 6/23/2015, answer due 7/14/2015; Lori Swanson, Minnesota Attorney General Served on 6/23/15, answer due 7/14/15. (LEG) DOCUMENT QC'd by KT on 7/9/15. (kt) (Entered: 07/09/2015)

July 9, 2015 PACER
22

LETTER TO DISTRICT JUDGE AND MAGISTRATE JUDGE by Ronaldo Ligons, Barry Michaelson Re documents #13, #15-#17 and continued overcharging of Mr. Michaelson for filing fee by MN Dep't of Corrections, Corrections Facility Stillwater. (Nickitas, Peter) Modified text on 7/20/2015 (MMP). (Entered: 07/17/2015)

July 17, 2015 PACER
23

ORDER regarding filing fee deductions. See order for details. Signed by Judge Patrick J. Schiltz on 7/20/2015. (ECW) (Entered: 07/20/2015)

July 20, 2015 PACER
24

ANSWER to Amended Complaint by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Strauss, Lindsay) (Entered: 07/28/2015)

July 28, 2015 PACER
25

ANSWER to Amended Complaint by CENTURION OF MINNESOTA, L.L.C., R. Hanson, D. Quiram. (Solheim, Mark) (Entered: 07/28/2015)

July 28, 2015 PACER
26

RULE 7.1 DISCLOSURE STATEMENT. Pursuant to Federal Rule of Civil Procedure 7.1, Defendant Centurion of Minnesota, LLC, makes the following corporate disclosure statement: Centurion of Minnesota, LLC is a limited liability company owned by Centurion, LLC. (Solheim, Mark) Modified text on 7/28/2015 (MMP). (Entered: 07/28/2015)

July 28, 2015 PACER
27

MOTION for Contempt against Minnesota Department of Corrections for Direct Disobedience of Court Order Dated July 20, 2015 (Docket 23) by Barry Michaelson. (Nickitas, Peter) (Entered: 07/30/2015)

July 30, 2015 PACER
28

DOCUMENT FILED IN ERROR-WILL REFILE - Declaration of PETER J. NICKITAS in Support of 27 MOTION for Contempt against Minnesota Department of Corrections for Direct Disobedience of Court Order Dated July 20, 2015 (Docket 23) filed by Barry Michaelson. (Attachments: # 1 Exhibit(s) 1)(Nickitas, Peter) Modified text on 7/30/2015 (MMP). (Entered: 07/30/2015)

1 Exhibit(s) 1

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July 30, 2015 PACER
29

Declaration of PETER J. NICKITAS in Support of 27 MOTION for Contempt against Minnesota Department of Corrections for Direct Disobedience of Court Order Dated July 20, 2015 (Docket 23) filed by Barry Michaelson. (Attachments: # 1 Exhibit(s) 1)(Nickitas, Peter) (Entered: 07/30/2015)

1 Exhibit(s) 1

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July 30, 2015 PACER
30

ORDER denying without prejudice 27 Motion for Contempt. Signed by Judge Patrick J. Schiltz on 07/31/2015. (ECW) (Entered: 07/31/2015)

July 31, 2015 PACER
31

NOTICE of Pretrial Conference: Pretrial Conference set for 10/1/2015 09:00 AM in Courtroom 3A (STP) before Magistrate Judge Becky R. Thorson. (Attachments: # 1 Consent Form)(JDF) (Entered: 08/07/2015)

1 Consent Form

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Aug. 7, 2015 PACER
32

TEXT ONLY ENTRY: NOTICE of Resetting of Hearing: 31 NOTICE of Pretrial Conference: The Pretrial Conference, originally set for 10/1/2015, is reset to 10/07/2015 at 09:00 AM in Courtroom 3A (STP) before Magistrate Judge Becky R. Thorson. Approved by Magistrate Judge Becky R. Thorson. (Entered: 08/18/2015)

Aug. 18, 2015 PACER
33

LETTER TO DISTRICT JUDGE by Barry Michaelson (referring to ECF 23). (Nickitas, Peter) (Entered: 08/28/2015)

Aug. 28, 2015 PACER
34

TEXT ONLY ENTRY: NOTICE of Resetting of Hearing: 31 NOTICE of Pretrial Conference: The Pretrial Conference in this matter will take place on 10/15/15 at 09:00 AM in Courtroom 3A (STP) before Magistrate Judge Becky R. Thorson. (Entered: 09/16/2015)

Sept. 16, 2015 PACER
35

RECEIPT number 44641085639 in the amount of $50.00 issued to Ronaldo Ligons. (kt) Document QC'd on 11/5/2015 (JGK). (Entered: 10/08/2015)

Oct. 8, 2015 PACER
36

AFFIDAVIT of Bennett D. Cecil, III, M.D. by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) Placeholder for E, # 6 Exhibit(s) Placeholder for F, # 7 Exhibit(s) G)(Nickitas, Peter) (Entered: 10/15/2015)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) C

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4 Exhibit(s) D

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5 Exhibit(s) Placeholder for E

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6 Exhibit(s) Placeholder for F

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7 Exhibit(s) G

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Oct. 15, 2015 PACER
37

AFFIDAVIT of Martin E. Gordon, M.D. by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) Placeholder for C, # 4 Exhibit(s) Placeholder for D, # 5 Exhibit(s) E, # 6 Exhibit(s) F)(Nickitas, Peter) (Entered: 10/15/2015)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) Placeholder for C

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4 Exhibit(s) Placeholder for D

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5 Exhibit(s) E

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6 Exhibit(s) F

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Oct. 15, 2015 PACER
38

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 10/15/2015. Discussion of pretrial deadlines and settlement. A Pretrial Scheduling Order will be issued. (LEG) (Entered: 10/15/2015)

Oct. 15, 2015 PACER
39

DOCUMENT FILED IN ERROR-REFILED AT 40 - STIPULATION AS TO FILING AND SERVICE OF SECOND AMENDED COMPLAINT by Ronaldo Ligons, Barry Michaelson. Jointly Signed by RONALDO LIGONS, BARRY MICHAELSON, MINNESOTA DEPARTMENT OF CORRECTIONS, COMMISSIONER THOMAS ROY, DAVID PAULSON, M.D., NANETTE LARSON, CENTURION OF MINNESOTA, LLC, DAVID QUIRAM, M.D., and ROLF HANSON, M.D.. (Attachments: # 1 Exhibit(s) Red-strikethrough version of second amended complaint, # 2 Exhibit(s) black smooth version of second amended complaint, # 3 Exhibit(s) Exhibit 1 to second amended complaint, # 4 Exhibit(s) Exhibit 2 to second amended complaint)(Nickitas, Peter) Modified on 10/21/2015 (MMP). (Entered: 10/20/2015)

1 Exhibit(s) Red-strikethrough version of second amended complaint

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2 Exhibit(s) black smooth version of second amended complaint

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3 Exhibit(s) Exhibit 1 to second amended complaint

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4 Exhibit(s) Exhibit 2 to second amended complaint

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Oct. 20, 2015 PACER
40

STIPULATION (CORRECTED) AS FILING AND SERVICE OF PLAINTIFFS' SECOND AMENDED COMPLAINT by Ronaldo Ligons, Barry Michaelson. Jointly Signed by RONALDO LIGONS, BARRY MICHAELSON, MINNESOTA DEPARTMENT OF CORRECTIONS, COMMISSIONER THOMAS ROY, DAVID PAULSON, M.D., NANETTE LARSON, CENTURION OF MINNESOTA, LLC, DAVID QUIRAM, M.D., and ROLF HANSON, M.D.. (Attachments: # 1 Exhibit(s) proposed second amended complaint (red corrected), # 2 Exhibit(s) proposed second amended complaint (smooth), # 3 Exhibit(s) Exhibit 1 to second amended complaint, # 4 Exhibit(s) Exhibit 2 to second amended complaint)(Nickitas, Peter) (Entered: 10/20/2015)

1 Exhibit(s) proposed second amended complaint (red corrected)

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2 Exhibit(s) proposed second amended complaint (smooth)

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3 Exhibit(s) Exhibit 1 to second amended complaint

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4 Exhibit(s) Exhibit 2 to second amended complaint

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Oct. 20, 2015 PACER
41

ORDER re 40 . IT IS HEREBY ORDERED that: 1. Plaintiffs shall file and serve their second amended complaint forthwith; 2. The court shall deem service of the Plaintiff's second amended complaint upon Defendants upon filing; and 3. Defendants shall answer the second amended complaint within twenty-eight (28) days of filing and service of the second amended complaint. Signed by Magistrate Judge Becky R. Thorson on 10/27/15. (LEG) (Entered: 10/28/2015)

Oct. 28, 2015 PACER
42

AMENDED COMPLAINT (SECOND) against All Defendants. Filed by Barry Michaelson, Ronaldo Ligons. Filer requests no summons issued. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Nickitas, Peter) Modified text on 10/29/2015 (las). (Entered: 10/29/2015)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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Oct. 29, 2015 RECAP
43

PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 2/25/2016 08:30 AM before Magistrate Judge Becky R. Thorson. Amended Pleadings due by 1/4/2016. Discovery due by 9/14/2016. Motions (non-disp) due 12/30/2016. Motions (disp) due by 2/28/2017. Ready for trial due by 7/5/2017. Signed by Magistrate Judge Becky R. Thorson 11/2/2015. (lmb) (Entered: 11/02/2015)

Nov. 2, 2015 PACER
44

ANSWER to Amended Complaint Second Amended Complaint by CENTURION OF MINNESOTA, L.L.C., R. Hanson, D. Quiram. (Solheim, Mark) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
45

ANSWER to Amended Complaint (second amended complaint) by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Strauss, Lindsay) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
46

STIPULATION for Protective Order by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. DOCUMENT FILED IN ERROR-(Attachments: # 1 Exhibit(s))(Strauss, Lindsay) Modified text on 12/14/2015 (MMP). (Entered: 12/14/2015)

1 Exhibit(s)

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Dec. 14, 2015 PACER
47

PROTECTIVE ORDER. Signed by Magistrate Judge Becky R. Thorson on 12/15/15. (LEG) (Entered: 12/15/2015)

Dec. 15, 2015 PACER
48

NOTICE of Appearance by Andrew W Davis on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Davis, Andrew) (Entered: 01/11/2016)

Jan. 11, 2016 PACER
49

STIPULATION of Dismissal With Prejudice of Dr. R. Hanson, M.D. by R. Hanson. Jointly Signed by Ronaldo Ligons, Barry Michaelson, John Roe, Jane Roe, John Miles, Jane Miles, John Stiles, Jane Stiles, MN Dept. of Corrections, Thomas Roy, Dr. David Paulson, Nanette Larson, Dr. D. Quiram, John and Jane Does A - J, and Centurion of Minnesota, LLC. (Solheim, Mark) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
50

ORDER OF DISMISSAL. Signed by Judge Patrick J. Schiltz on February 23, 2016. (CLG) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
51

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 2/25/2016. The next telephone status conference is hereby set for April 28, 2016, at 8:30 a.m. Chambers to provide call-in instructions separately. (LEG) (Entered: 02/25/2016)

Feb. 25, 2016 PACER
52

MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Filing fee $ 100, receipt number AMNDC-4799307 by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
53

AFFIDAVIT of Peter J. Nickitas in SUPPORT OF 52 MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Filing fee $ 100, receipt number AMNDC-4799307 filed by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
54

AFFIDAVIT of CARL PETER ERLINDER in SUPPORT OF 52 MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Filing fee $ 100, receipt number AMNDC-4799307 filed by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Exhibit(s) Letter of Good Standing -- Illinois Supreme Court, # 2 Exhibit(s) 16 October 2015 Letter from Minnesota Supreme Court -- Board of Bar Examiners re Application, # 3 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the 4th Circuit, # 4 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the Sixth Circuit, # 5 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the Seventh Circuit, # 6 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the Eighth Circuit, # 7 Exhibit(s) Letter of Good Standing, U.S. Court of Appeals for the Tenth Circuit, # 8 Exhibit(s) Letter of Good Standing, U.S. Supreme Court)(Nickitas, Peter) (Entered: 02/29/2016)

1 Exhibit(s) Letter of Good Standing -- Illinois Supreme Court

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2 Exhibit(s) 16 October 2015 Letter from Minnesota Supreme Court -- Board of Bar E

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3 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the 4th Circuit

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4 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the Sixth Circui

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5 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the Seventh Circ

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6 Exhibit(s) Letter of Good Standing -- U.S. Court of Appeals for the Eighth Circu

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7 Exhibit(s) Letter of Good Standing, U.S. Court of Appeals for the Tenth Circuit

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8 Exhibit(s) Letter of Good Standing, U.S. Supreme Court

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Feb. 29, 2016 PACER
55

ORDER denying 52 MOTION for Admission Pro Hac Vice for Attorney CARL PETER ERLINDER. Signed by Judge Patrick J. Schiltz on March 2, 2016. (CLG) (Entered: 03/02/2016)

March 2, 2016 PACER
56

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 4/28/2016. Next Telephone Status Conference set for 6/21/2016 10:00 AM before Magistrate Judge Becky R. Thorson. Chambers to provide call-in instructions separately. A Settlement Conference is set for 10/5/16. A separate Order for Settlement Conference will be issued. (LEG) (Entered: 04/29/2016)

April 28, 2016 PACER
57

ORDER FOR SETTLEMENT CONFERENCE. Settlement Conference set for 10/5/2016 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 4/28/16. (LEG) (Entered: 04/29/2016)

April 29, 2016 PACER
58

NOTICE of Withdrawal as Attorney (Strauss, Lindsay) (Entered: 05/31/2016)

May 31, 2016 PACER
59

LETTER TO MAGISTRATE JUDGE by Ronaldo Ligons, Barry Michaelson requesting informal dispute resolution (IDR) of discovery dispute. (Nickitas, Peter) (Entered: 06/02/2016)

June 2, 2016 PACER
60

LETTER TO MAGISTRATE JUDGE by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy . (Davis, Andrew) (Entered: 06/03/2016)

June 3, 2016 PACER
61

TEXT ENTRY ONLY ORDER: The Court is in receipt of the letters filed at Doc. Nos. 59 and 60. The Court cannot grant Plaintiffs' request for IDR without the consent of the other parties. The parties should meet and confer on the discovery issues mentioned in the letters. If the parties cannot resolve the issues on their own, and do not agree on presenting the issues through IDR, then a formal motion should be promptly filed. Signed by Magistrate Judge Becky R. Thorson. (MSK) (Entered: 06/03/2016)

June 3, 2016 PACER
62

NOTICE of Appearance by Ian M Welsh on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Welsh, Ian) (Entered: 07/06/2016)

July 6, 2016 RECAP
63

NOTICE of Withdrawal as Attorney (Davis, Andrew) (Entered: 07/06/2016)

July 6, 2016 PACER
64

NOTICE of Appearance by Kathryn Fodness on behalf of Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Fodness, Kathryn) (Entered: 08/04/2016)

Aug. 4, 2016 RECAP
65

MOTION for Writ of Habeas Corpus ad testificandum by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 09/18/2016)

Sept. 18, 2016 PACER
66

Amended MOTION for Writ of Habeas Corpus ad testificandum by Ronaldo Ligons, Barry Michaelson. (Attachments: # 1 Placeholder for EXHIBIT A)(Nickitas, Peter) (Entered: 09/19/2016)

1 Placeholder for EXHIBIT A

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Sept. 19, 2016 PACER
67

ORDER denying 65 Motion for Writ of Habeas Corpus ad testificandum; denying 66 Motion for Writ of Habeas Corpus ad testificandum. An Amended Order for Settlement Conference will be issued. Signed by Magistrate Judge Becky R. Thorson on 09/20/2016. (MSK) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
68

AMENDED ORDER FOR SETTLEMENT CONFERENCE. Settlement Conference set for 10/5/2016 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 9/20/16. (LEG) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
69

DISCLOSURE OF EXPERT WITNESSES by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Welsh, Ian) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
70

DISCLOSURE OF EXPERT WITNESSES by Plaintiffs Ron Ligons, Barry Michaelson, by John Miles, Jane Roe, John Roe, Jane Stiles, John Stiles.(Nickitas, Peter) (Entered: 09/21/2016)

Sept. 21, 2016 RECAP
71

MOTION for Leave to Appear via Electronic Means to assure continuous telephonic communication between incarcerated Plaintiffs, their counsel, and the chambers of Magistrate Judge Thorson for the entirety of the 5 October 2016 Settlement Conference beginning at 9:00 a.m. by Ronaldo Ligons, Barry Michaelson. (Nickitas, Peter) (Entered: 09/30/2016)

Sept. 30, 2016 PACER
72

ORDER Plaintiffs' Motion 71 is DENIED as moot. The Court has confirmed telephonic arrangements for the Settlement Conference with the Faribault Prison for Plaintiff Ligons, and telephonic arrangements with the Stillwater Prison for Plaintiff Michaelson. Signed by Magistrate Judge Becky R. Thorson on 10/4/16. (LEG) (Entered: 10/04/2016)

Oct. 4, 2016 PACER
73

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Settlement Conference held on 10/5/2016. Confidential Settlement reached between Plaintiffs and Dr. D. Quiram, and Centurion of Minnesota, LLC. No settlement reached between Plaintiffs and Minnesota Department of Corrections, Thomas Roy, Dr. David A. Paulson, Nanette Larson. (LEG) (Entered: 10/07/2016)

Oct. 5, 2016 PACER
74

TEXT ENTRY ONLY NOTICE: A telephone status conference is set for 10/13/2016 at 9:30 AM with Magistrate Judge Thorson. The parties have been provided call-in instructions. (MSK) (Entered: 10/12/2016)

Oct. 12, 2016 PACER
75

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 10/13/2016. (LEG) (Entered: 10/13/2016)

Oct. 13, 2016 PACER
76

STIPULATION re 43 Scheduling Order, to Amend Scheduling Order and Set Briefing Schedule (Jointly Signed by Parties) by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Fodness, Kathryn) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
77

ORDER AMENDING PRETRIAL SCHEDULING ORDER AND SETTING BRIEFING SCHEDULE: re: Stipulation 76 . Motions (disp) due by 2/28/2017. Ready for trial due by 9/5/2017. Signed by Magistrate Judge Becky R. Thorson on 10/20/2016. See Order for further details.(las) (Entered: 10/20/2016)

Oct. 20, 2016 PACER
78

STIPULATION of Dismissal With Prejudice of Dr. D. Quiram, M.D. by CENTURION OF MINNESOTA, L.L.C., D. Quiram. Jointly Signed by Ronaldo Ligons, Barry Michaelson, John Roe, Jane Roe, John Miles, Jane Miles, John Stiles, and Jane Stiles. (Novak, Anthony) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
79

DECLARATION of Julie A. Thompson, M.D. by Ronaldo Ligons, Barry Michaelson and all similarly situated plaintiffs. (Attachments: # 1 Exhibit(s) A'--CV of Dr. Julie A. Thompson, M.D., # 2 Exhibit(s) A -- Report Reference Exhibit A -- PDF of hcvguidelines.org, # 3 Exhibit(s) Dr. Thompson Report Reference Exhibit B -- Index of MN DOC Medical Records of Ronaldo Ligons, # 4 Exhibit(s) Dr. Thompson Report Reference Exhibit C -- Index of MN DOC Medical Records of Barry Michaelson, # 5 Exhibit(s) Dr. Thompson Report Reference Exhibit D -- MN DOC HCV Protocol, # 6 Exhibit(s) Dr. Thompson Report Reference Exhibit G -- Declaration of Dr. Robert Gish, M.D., # 7 Exhibit(s) Dr. Thompson Report Reference Exhibit J -- CDC Report on HCV and Incarceration, # 8 Placeholder for Rx1 (Ronaldo Ligons) and Rx2 (Barry Michaelson))(Nickitas, Peter) Conventionally filed document received on 11/2/2016 (SAE). (Entered: 10/30/2016)

1 Exhibit(s) A'--CV of Dr. Julie A. Thompson, M.D.

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2 Exhibit(s) A -- Report Reference Exhibit A -- PDF of hcvguidelines.org

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3 Exhibit(s) Dr. Thompson Report Reference Exhibit B -- Index of MN DOC Medical Re

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4 Exhibit(s) Dr. Thompson Report Reference Exhibit C -- Index of MN DOC Medical Re

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5 Exhibit(s) Dr. Thompson Report Reference Exhibit D -- MN DOC HCV Protocol

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6 Exhibit(s) Dr. Thompson Report Reference Exhibit G -- Declaration of Dr. Robert

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7 Exhibit(s) Dr. Thompson Report Reference Exhibit J -- CDC Report on HCV and Inca

View on RECAP

8 Placeholder for Rx1 (Ronaldo Ligons) and Rx2 (Barry Michaelson)

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Oct. 30, 2016 PACER
80

ORDER OF DISMISSAL. Signed by Judge Patrick J. Schiltz on October 31, 2016. (CLG) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
81

LETTER TO MAGISTRATE JUDGE by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy to initiate Court's IDR process. (Welsh, Ian) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
82

STIPULATION for Protective Order by Plaintiffs and Jointly Signed by Ronaldo Ligons, et al., MN Dept. of Corrections, Thomas Roy, Dr. David A. Paulson, and Nanette Larson. (Welsh, Ian) Modified on 11/1/2016 (MMP). (Entered: 11/01/2016)

Nov. 1, 2016 PACER
83

MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Welsh, Ian) (Entered: 11/02/2016)

Nov. 2, 2016 PACER
84

NOTICE OF HEARING ON MOTION 83 MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person : at date and time to be determined. (Welsh, Ian) (Entered: 11/02/2016)

Nov. 2, 2016 PACER
85

MEMORANDUM in Support re 83 MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person filed by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Welsh, Ian) (Entered: 11/02/2016)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Nov. 2, 2016 PACER
86

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy re 83 MOTION request leave of court to depose Plaintiff's Ligons and Michaelson Defendants' Unopposed Motion to Depose Persons Confined in Person (Welsh, Ian) (Entered: 11/02/2016)

Nov. 2, 2016 RECAP
87

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO DEPOSE PERSONSCONFINED IN PRISON re: 83 . Signed by Magistrate Judge Becky R. Thorson on 11/2/2016. (las) (Entered: 11/02/2016)

Nov. 2, 2016 PACER
88

BRIEFING ORDER. See Order for details. Signed by Judge Patrick J. Schiltz on November 8, 2016. (CLG) (Entered: 11/08/2016)

Nov. 8, 2016 PACER
89

AMENDED BRIEFING ORDER. Signed by Judge Patrick J. Schiltz on November 9, 2016. (CLG) (Entered: 11/10/2016)

Nov. 10, 2016 PACER
90

STIPULATION of Dismissal with Prejudice of Centurion of Minnesota, LLC by Centurion Managed Care. Jointly Signed by Ronaldo Ligons, Barry Michaelson, John Roe, Jane Roe, John Miles, Jane Miles, John Stiles, and Jane Stiles. (Novak, Anthony) (Entered: 11/16/2016)

Nov. 16, 2016 RECAP
91

ORDER OF DISMISSAL. Signed by Judge Patrick J. Schiltz on November 16, 2016. (CLG) (Entered: 11/16/2016)

Nov. 16, 2016 RECAP
92

FIRST AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge Becky R. Thorson on 11/17/2016. (las) (Entered: 11/17/2016)

Nov. 17, 2016 PACER
93

DECLARATION of Julie A. Thompson, M.D., Rebuttal Declaration of Dr. Julie A. Thompson, M.D., in response to the Report of Dr. Newton Kendig by Ronaldo Ligons, Barry Michaelson, John Stiles, Jane Stiles, John Miles, Jane Miles, John Roe, Jane Roe. (Nickitas, Peter) Modified text on 11/29/2016 (lmb). (Entered: 11/29/2016)

Nov. 29, 2016 RECAP
94

DOCUMENT FILED IN ERROR - DISCLOSURE OF EXPERT WITNESSES Defendants' Rebuttal by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy.(Welsh, Ian) Modified on 12/1/2016 (MMP). (Entered: 11/29/2016)

Nov. 29, 2016 RECAP
95

TEXT ONLY ENTRY: NOTICE of Cancelation of Hearing: The continued settlement conference set for 02/16/2017 before Magistrate Judge Becky R. Thorson is canceled and will be reset to a future date. (MSK) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
96

STIPULATION to Amend Briefing Order and Request for Leave to Exceed Word Limit by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy. Jointly signed by Plaintiffs.(Welsh, Ian) Modified on 2/21/2017 (MMP). (Entered: 02/21/2017)

Feb. 21, 2017 PACER
97

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Nanette Larson, Minnesota Department of Corrections, David A. Paulson, Thomas Roy re 96 Stipulation to Amend Briefing Order and Request for Leave to Exceed Word Limit (Welsh, Ian) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
98

SECOND AMENDED BRIEFING ORDER. Signed by Judge Patrick J. Schiltz on 2/23/2017. (ECW) (Entered: 02/23/2017)

Feb. 23, 2017 RECAP
99

NOTICE TO ATTORNEYS. Motion Hearing on plaintiffs' motions to certify class and for preliminary injunction and defendants' motion for summary judgment rescheduled for 6/16/2017 09:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (CLG) (Entered: 02/27/2017)

Feb. 27, 2017 PACER
100

TEXT ONLY ENTRY: NOTICE of Cancelation & Resetting of Hearing: Motion Hearing on plaintiffs' motions to certify class and for preliminary injunction and defendants' motion for summary judgment are RESCHEDULED for 6/26/2017 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE DATE AND TIME CHANGE.(CLG) (Entered: 03/01/2017)

March 1, 2017 PACER

State / Territory: Minnesota

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 1, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates of Minnesota Department of Corrections suffering from hepatitis-C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Minnesota Department of Corrections (St. Paul, Ramsey), None

Centurion of Minnesota, LLC, 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

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Amount Defendant Pays: $366,141.25

Order Duration: 2020 - 2022

Content of Injunction:

Goals (e.g., for hiring, admissions)

Monitoring

Reporting

Preliminary relief denied

Issues

General:

Conditions of confinement

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run