Case: Abu-Jamal v. Kerestes

3:15-cv-00967 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: May 18, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 18, 2015, a prisoner at the Mahanoy State Correctional Institute filed this complaint in the U.S. District Court for the Middle District of Pennsylvania. The complaint arose out of the plaintiff’s hospitalization for Hepatitis C. The plaintiff sued the Pennsylvania Department of Corrections (DOC) and the Bureau of Health Care Services of the DOC. The initial complaint claimed violations of First, Fifth, and Fourteenth Amendment rights. The plaintiff claimed that, while hospitalized, the …

On May 18, 2015, a prisoner at the Mahanoy State Correctional Institute filed this complaint in the U.S. District Court for the Middle District of Pennsylvania. The complaint arose out of the plaintiff’s hospitalization for Hepatitis C. The plaintiff sued the Pennsylvania Department of Corrections (DOC) and the Bureau of Health Care Services of the DOC. The initial complaint claimed violations of First, Fifth, and Fourteenth Amendment rights. The plaintiff claimed that, while hospitalized, the plaintiff’s attorneys were barred from visiting him and all communication between plaintiff and his attorney was prohibited. Represented by a local public interest firm called the Abolitionist Law Center, the plaintiff requested monetary damages and motioned for an immediate preliminary injunction ordering the defendants to allow the attorneys access to the plaintiff. District Judge Robert D. Mariani was assigned to the case.

The plaintiff is a high-profile Black Panther activist from Philadelphia. In 1982, he was convicted of murdering a Philadelphia police officer in a high-profile case. However, the plaintiff did not allege specific discrimination here.

On May 26, 2015, the plaintiff withdrew his motion for preliminary injunction, notifying the court that the defendants allowed the attorneys access to the plaintiff. On November 24, plaintiff filed a supplemental and amended complaint that added the medical facility as defendants and alleged new claims. That complaint was filed under 42 U.S.C. § 1983 and alleged that defendants violated the plaintiff’s Eighth Amendment rights. The complaint also alleged that the DOC was negligently liable for medical malpractice. Specifically, the complaint alleged that plaintiff was denied treatment after he was diagnosed with Hepatitis C and a severe skin condition. The plaintiff alleged that during his hospitalization, he was denied available antiviral drugs.

On August 24, 2015, plaintiff filed another motion for a preliminary injunction. He requested that the court order the defendants to immediately administer the antiviral drugs and grant the plaintiff a right to in-person consultation with a doctor of his choice. The motion also requested that the court grant a permanent injunction permitting the plaintiff attorney-client and family visits once he received inpatient medical treatment. On September 18, 2015 Magistrate Judge Karoline Mehalchick recommended that plaintiff’s motion for preliminary injunction be denied for failure to exhaust administrative remedies and because the plaintiff had failed to show irreparable injury. 2015 WL 12116641. Essentially, the judge found that although Hepatitis C is a serious medical need, given the number of inmates who file and want the court to intervene in their treatment, the plaintiff's condition had not progressed to the point where any court intervention was warranted.

 

On December 7, 2015, the DOC medical staff (medical defendants) filed a motion to dismiss the amended complaint for failure to state a claim, and on January 4, 2016, the DOC also filed a motion to dismiss the amended complaint.

Both parties began briefing both the motions to dismiss and the preliminary injunction. After several requests for extensions, Judge Mariani ordered both parties to submit briefs on the motions by March 11, 2016. On April 4, 2016, defendants filed a motion to strike a portion of the complaint on the grounds that it was immaterial. Judge Mariani denied that motion on June 3, 2016, finding that nothing was irrelevant or immaterial in the cited paragraphs of the amended complaint.

On June 21, 2016, DOC defendants filed a motion for summary judgment. At the same time, the court denied the medical defendants’ motion to dismiss. Defendants had argued that the plaintiff failed to exhaust all his administrative remedies through the prison before filing the suit, specifically claiming that he had not filed a grievance specific to his Hepatitis C treatment. Judge Mariani disagreed, finding that the plaintiff had filed the appropriate grievances through the prison.

On August 5, 2016, the court granted in part and denied in part the DOC defendants’ motion to dismiss. Judge Mariani dismissed plaintiff’s request for monetary damage from the prison superintendent on the grounds that plaintiff could not recover against him in his official capacity. The state negligence claims were also dismissed -- defendant was entitled to sovereign immunity because he was not a health care employee under Pennsylvania State Law. That same day, he granted the medical facility’s motion to dismiss.

The plaintiff was granted time to file an amended complaint, which he filed on August 16, 2016. The following week, Judge Mariani denied the plaintiff’s motion for a preliminary injunction. In his opinion he concluded the plaintiff had been denied proper medical treatment, but that the named defendants were not the appropriate defendants. The named defendants were not members of the Hepatitis C Treatment Review Committee and therefore the court could not properly issue an injunction against them. Though reaching the same result, Judge Mariani refused to adopt Magistrate Judge Karoline Mehalchick's report and recommendations from 2015 because Judge Mariani found that the court had significant new evidence from the evidentiary hearing that raised new issues.

On January 10, 2017, Judge Mariani dismissed the defendants’ summary judgment motion as moot, and on January 17, 2017 the plaintiff filed a third amended complaint. On May 4, 2017, Judge Mariani granted a motion to consolidate this case with another, Abu-Jamal v. Wetzel because of the common questions concerning Pennsylvania medical care.

On June 26, 2017, Judge Mariani referred the case to the Court’s Prison Litigation Settlement Committee to facilitate discussions. On August 23, 2017, the plaintiff filed his fourth amended complaint, which the defendants moved to dismiss. The court-appointed mediator reported on October 27, 2017 that a settlement had not yet been reached.

On May 10, 2018, Judge Mariani denied the medical defendants’ motion to dismiss, finding that the plaintiff had sufficiently alleged that the medical defendants were personally involved in the failure to treat his Hepatitis C and that he received only superficial treatment by the medical defendants. Judge Mariani next reviewed the DOC defendants’ motion to dismiss: he granted the DOC defendants’ motion to dismiss the Pennsylvania Department of Corrections as a defendant because the plaintiff did not oppose that dismissal, but denied the DOC defendants’ motion in all other respects. On June 11, 2018, the DOC defendants appealed the decision to the US Court of Appeals for the Third Circuit. The Court of Appeals affirmed in part and dismissed appeal in part on July 19, 2019 (779 Fed.Appx. 893).

On January 30, 2020, both the DOC defendants and the medical defendants filed for summary judgment. 

On January 30, 2020, both the DOC defendants and the medical defendants filed for summary judgment. On September 9, 2021 the court granted in part and denied in part defendants’ motion for summary judgment. The court also granted defendants’ motion for summary judgment against plaintiff’s claim for injunctive relief, limiting his remaining remedies to damages. Plaintiff had already conceded in his briefs in opposition to summary judgment that summary judgment should be entered in favor of most of the defendants on his claim for damages for deprivation of his Eighth Amendment right to medical care for HCV and medical malpractice for failure to treat plaintiff’s HCV. As such, the court focused on the remaining claims against one of the named defendants. The court denied the named defendant’s motion on plaintiff’s claim for deprivation of his Eighth Amendment right to medical care, finding that factual assertions describing plaintiff’s medical prognosis potentially supported a finding in his favor. A similar question of fact remained over whether the named defendant was deliberately indifferent to plaintiff’s medical needs and whether he committed medical malpractice by failing to treat plaintiff’s HCV.

This case was terminated on November 2, 2021. 

 

Summary Authors

Jamie Kessler (2/7/2017)

Bryce Freeman (11/2/2017)

Lisa Limb (3/23/2019)

Hannah Juge (7/25/2022)

Related Cases

Abu-Jamal v. Wetzel, Middle District of Pennsylvania (2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5265668/parties/abu-jamal-v-kerestes/


Judge(s)

Mariani, Robert David (Pennsylvania)

Shwartz, Patty (New Jersey)

Attorneys(s) for Plaintiff

Boyle, Robert (New York)

Grote, Bret D. (Pennsylvania)

Attorneys(s) for Defendant

Brier, Daniel T. (Pennsylvania)

Conaboy, Suzanne (Pennsylvania)

Dempsey, John B. (Pennsylvania)

Foreman, Samuel H. (Pennsylvania)

Goodrich, Caitlin J. (Pennsylvania)

Katz, Noah Evan (Pennsylvania)

Judge(s)

Mariani, Robert David (Pennsylvania)

Shwartz, Patty (New Jersey)

Attorneys(s) for Plaintiff

Boyle, Robert (New York)

Grote, Bret D. (Pennsylvania)

Attorneys(s) for Defendant

Brier, Daniel T. (Pennsylvania)

Conaboy, Suzanne (Pennsylvania)

Dempsey, John B. (Pennsylvania)

Foreman, Samuel H. (Pennsylvania)

Goodrich, Caitlin J. (Pennsylvania)

Katz, Noah Evan (Pennsylvania)

Macus, Maria G (Pennsylvania)

Mazeski, Vincent R. (Pennsylvania)

Neal, Laura J. (Pennsylvania)

Other Attorney(s)

Holmes, Timothy A. (Pennsylvania)

Joel, Kenneth Lawson (Pennsylvania)

Expert/Monitor/Master

Lavery, Frank J. Jr. (Pennsylvania)

Documents in the Clearinghouse

Document

3:15-cv-00967

Docket [PACER]

Sept. 15, 2020

Sept. 15, 2020

Docket
1

3:15-cv-00967

Complaint

May 18, 2015

May 18, 2015

Complaint
39

3:15-cv-00967

Report and Recommendation

Sept. 18, 2015

Sept. 18, 2015

Magistrate Report/Recommendation
157

3:15-cv-00967

Opinion

2016 WL 3456935

June 22, 2016

June 22, 2016

Order/Opinion
173

3:15-cv-00967

Memorandum Opinion

Abu Jamal v. Kerestes

2016 WL 4184054

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion
172

3:15-cv-00967

Memorandum Opinion

2016 WL 4204539

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion
173

3:15-cv-00967

Memorandum Opinion

2016 WL 4204544

Aug. 5, 2016

Aug. 5, 2016

Order/Opinion
178

3:15-cv-00967

Second Amended Complaint

Aug. 16, 2016

Aug. 16, 2016

Complaint
191

3:15-cv-00967

Memorandum Opinion

Abu Jamal v. Kerestes

2016 WL 4574646

Aug. 31, 2016

Aug. 31, 2016

Order/Opinion
245

3:15-cv-00967

Fourth Amended Complaint

Aug. 23, 2017

Aug. 23, 2017

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5265668/abu-jamal-v-kerestes/

Last updated Aug. 8, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Geisinger Medical Center, John Kerestes ( Filing fee $400, Receipt Number 0314-3438320), filed by Bret Grote, Mumia Abu-Jamal, Robert Boyle.(ao) (Additional attachment(s) added on 5/18/2015: # 1 Civil Cover Sheet) (ao). (Entered: 05/18/2015)

1 Civil Cover Sheet

View on PACER

May 18, 2015

May 18, 2015

Clearinghouse
2

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Mumia Abu-Jamal, Robert Boyle, Bret Grote. (Attachments: # 1 Memo, # 2 Exhibit(s), # 3 Exhibit(s))(Grote, Bret) (Entered: 05/18/2015)

1 Memo

View on PACER

2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

May 18, 2015

May 18, 2015

PACER
3

Summons Issued as to Geisinger Medical Center, John Kerestes 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) (ao) (Entered: 05/18/2015)

1 Summons Packet

View on PACER

May 18, 2015

May 18, 2015

PACER
4

CERTIFICATE OF SERVICE by Mumia Abu-Jamal, Robert Boyle, Bret Grote re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, 1 Complaint (Grote, Bret) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
5

NOTICE of Appearance by Daniel T. Brier on behalf of Geisinger Medical Center. (Brier, Daniel) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
6

NOTICE of Appearance by John B. Dempsey on behalf of Geisinger Medical Center. (Dempsey, John) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
7

NOTICE of Appearance by Suzanne Conaboy on behalf of Geisinger Medical Center. (Conaboy, Suzanne) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
8

MOTION to Appear Pro Hac Vice - Attorney Robert Boyle is seeking special admission. Filing fee $ 50, receipt number 0314-3439071. by Mumia Abu-Jamal, Robert Boyle, Bret Grote.(Grote, Bret) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
9

ORDER granting 8 Motion to Appear Pro Hac Vice for Robert Boyle. Signed by Honorable Robert D. Mariani on 5/19/15 (jfg) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER

DOCKET ANNOTATION: Robert J Boyle is currently registered with the NY state bar. (lh)

May 19, 2015

May 19, 2015

PACER
10

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference Re: Preliminary Injunction before Judge Mariani on 5/19/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 5/19/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
12

STATUS REPORT by Mumia Abu-Jamal, Robert Boyle, Bret Grote. (Grote, Bret) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
13

MOTION to Withdraw 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by Mumia Abu-Jamal, Robert Boyle, Bret Grote.(Grote, Bret) (Entered: 05/26/2015)

May 26, 2015

May 26, 2015

PACER

DOCKET ANNOTATION: This case has been referred to Magistrate Judge Mehalchick (jw)

May 28, 2015

May 28, 2015

PACER
14

NOTICE of Appearance by Laura J. Neal on behalf of John Kerestes (Neal, Laura) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

PACER

DOCKET ANNOTATION: Doc #15 was deleted by the Scranton Clerk's Office as it was a duplicate of Doc #14, Attorney Neal's entry of appearance. (jw)

May 29, 2015

May 29, 2015

PACER
15

WAIVER OF SERVICE Returned by John Kerestes. John Kerestes waiver sent on 5/18/2015, answer due 7/17/2015. (Neal, Laura) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

PACER
16

WAIVER OF SERVICE Returned by Bret Grote, Mumia Abu-Jamal, Robert Boyle. Geisinger Medical Center waiver sent on 5/20/2015, answer due 7/20/2015. (Grote, Bret) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER
17

NOTICE of Voluntary Dismissal by Robert Boyle (Boyle, Robert) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
18

NOTICE of Voluntary Dismissal by Bret Grote (Grote, Bret) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
19

STIPULATION Extending Time To Move/Answer by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order)(Boyle, Robert) (Entered: 07/20/2015)

1 Proposed Order

View on PACER

July 20, 2015

July 20, 2015

PACER
20

Order approving re 19 Stipulation. IT IS HEREBY ORDERED that the Stipulation is APPROVED, and the defendants time to answer or otherwise move in response shall be extended until the later of fourteen (14) days following the filing of Plaintiffs amended complaint, whether by agreement of the parties or order of Court, or fourteen (14) days following the Courts denial of Plaintiffs motion for leave to file an amended complaint. Signed by Magistrate Judge Karoline Mehalchick on 7/24/2015. (cw) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
21

First MOTION to Amend/Correct 1 Complaint by Mumia Abu-Jamal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Grote, Bret) (Entered: 08/03/2015)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

Aug. 3, 2015

Aug. 3, 2015

PACER
22

BRIEF IN SUPPORT re 21 First MOTION to Amend/Correct 1 Complaint filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 08/09/2015)

Aug. 9, 2015

Aug. 9, 2015

PACER
23

MOTION for Preliminary Injunction by Mumia Abu-Jamal.(Boyle, Robert) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
24

AFFIDAVIT in Support re 23 MOTION for Preliminary Injunction Declaration of Robert Boyle filed by Mumia Abu-Jamal. (Attachments: # 1 Exhibit(s) Medical Records, # 2 Exhibit(s) AASLD Recomendations, # 3 Exhibit(s) counsel letters, # 4 Exhibit(s) Harris Report, # 5 Exhibit(s) BOP protocol)(Boyle, Robert) (Entered: 08/24/2015)

1 Exhibit(s) Medical Records

View on PACER

2 Exhibit(s) AASLD Recomendations

View on PACER

3 Exhibit(s) counsel letters

View on PACER

4 Exhibit(s) Harris Report

View on PACER

5 Exhibit(s) BOP protocol

View on PACER

Aug. 24, 2015

Aug. 24, 2015

PACER
25

AFFIDAVIT in Support re 23 MOTION for Preliminary Injunction Declaration of Mumia Abu Jamal filed by Mumia Abu-Jamal.(Boyle, Robert) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
26

AFFIDAVIT in Support re 23 MOTION for Preliminary Injunction Declaration of Joseph Harris, M.D. filed by Mumia Abu-Jamal.(Boyle, Robert) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
27

BRIEF IN SUPPORT of Motion for Preliminary Injunction re 23 MOTION for Preliminary Injunction filed by Mumia Abu-Jamal.(Boyle, Robert) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
28

BRIEF IN OPPOSITION re 21 First MOTION to Amend/Correct 1 Complaint filed by John Kerestes. (Attachments: # 1 Exhibit(s) West Declaration, # 2 Exhibit(s) Hinman Declaration)(Neal, Laura) (Entered: 08/26/2015)

1 Exhibit(s) West Declaration

View on PACER

2 Exhibit(s) Hinman Declaration

View on PACER

Aug. 26, 2015

Aug. 26, 2015

PACER
29

MOTION to Strike 28 Brief in Opposition by Mumia Abu-Jamal. (Attachments: # 1 Brief in Support)(Grote, Bret) (Entered: 08/28/2015)

1 Brief in Support

View on PACER

Aug. 28, 2015

Aug. 28, 2015

PACER

DOCKET ANNOTATION: Attorney Grote is asked to refile his brief in support of the motin to strike, which is attached to the motion. The brief in support category in ECF is found under responses and replies. (cw)

Aug. 31, 2015

Aug. 31, 2015

PACER
30

BRIEF IN SUPPORT re 29 MOTION to Strike 28 Brief in Opposition filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
31

BRIEF IN OPPOSITION re 29 MOTION to Strike 28 Brief in Opposition filed by John Kerestes. (Attachments: # 1 Unpublished Opinion(s) Keys v Carroll)(Neal, Laura) (Entered: 08/31/2015)

1 Unpublished Opinion(s) Keys v Carroll

View on PACER

Aug. 31, 2015

Aug. 31, 2015

PACER
32

MOTION to Withdraw 29 MOTION to Strike 28 Brief in Opposition by Mumia Abu-Jamal.(Grote, Bret) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
33

ORDER granting 32 Motion to Withdraw ; withdrawing 29 Motion to Strike Signed by Magistrate Judge Karoline Mehalchick on 9/3/2015 (cw) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
34

BRIEF IN OPPOSITION re 23 MOTION for Preliminary Injunction filed by Geisinger Medical Center. (Attachments: # 1 Exhibit(s) Exhibit A)(Dempsey, John) (Entered: 09/08/2015)

1 Exhibit(s) Exhibit A

View on PACER

Sept. 8, 2015

Sept. 8, 2015

PACER
35

REPLY BRIEF re 21 First MOTION to Amend/Correct 1 Complaint filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
36

AFFIDAVIT in Support re 21 First MOTION to Amend/Correct 1 Complaint filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
37

AFFIDAVIT in Support re 21 First MOTION to Amend/Correct 1 Complaint filed by Mumia Abu-Jamal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Grote, Bret) (Entered: 09/09/2015)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

4 Exhibit(s)

View on PACER

Sept. 9, 2015

Sept. 9, 2015

PACER
38

BRIEF IN OPPOSITION re 23 MOTION for Preliminary Injunction filed by John Kerestes. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Unpublished Opinion(s), # 6 Unpublished Opinion(s), # 7 Unpublished Opinion(s), # 8 Unpublished Opinion(s), # 9 Unpublished Opinion(s), # 10 Unpublished Opinion(s), # 11 Unpublished Opinion(s))(Neal, Laura) (Entered: 09/10/2015)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

4 Exhibit(s)

View on PACER

5 Unpublished Opinion(s)

View on PACER

6 Unpublished Opinion(s)

View on PACER

7 Unpublished Opinion(s)

View on PACER

8 Unpublished Opinion(s)

View on PACER

9 Unpublished Opinion(s)

View on PACER

10 Unpublished Opinion(s)

View on PACER

11 Unpublished Opinion(s)

View on PACER

Sept. 10, 2015

Sept. 10, 2015

PACER
39

REPORT AND RECOMMENDATIONS re 23 MOTION for Preliminary Injunction filed by Mumia Abu-Jamal - Based on the foregoing, it is respectfully recommended that Abu-Jamals motion for preliminary injunctive relief (Doc. 23), be DENIED. Objections to R&R due by 10/5/2015. Signed by Magistrate Judge Karoline Mehalchick on 9/18/2015. (cw) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

Clearinghouse
40

MOTION for Extension of Time to to File Objections to Report and Recommendation by Mumia Abu-Jamal.(Grote, Bret) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
41

ORDER upon consideration of the foregoing motion, it is hereby ordered that any objections to the Magistrate Judge's September 18, 2015 Report and Recommendation shall be ftled on or before October 7,2015.Signed by Honorable Robert D. Mariani on 10/2/15 (jfg) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
42

OBJECTION to 39 Report and Recommendations . (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s))(Grote, Bret) (Entered: 10/07/2015)

1 Declaration

View on PACER

2 Declaration

View on PACER

3 Declaration

View on PACER

4 Declaration

View on PACER

5 Exhibit(s)

View on PACER

6 Exhibit(s)

View on PACER

7 Exhibit(s)

View on PACER

8 Exhibit(s)

View on PACER

Oct. 7, 2015

Oct. 7, 2015

PACER
43

Supplement by Mumia Abu-Jamal. to 21 First MOTION to Amend/Correct 1 Complaint . (Attachments: # 1 Exhibit(s))(Grote, Bret) (Entered: 10/13/2015)

1 Exhibit(s)

View on PACER

Oct. 13, 2015

Oct. 13, 2015

PACER
44

MOTION for Discovery by Mumia Abu-Jamal.(Grote, Bret) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
45

DECLARATION by Mumia Abu-Jamal re 44 MOTION for Discovery Declaration of Robert Boyle in Support of Motion for Discovery. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s))(Grote, Bret) (Entered: 10/23/2015)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

4 Exhibit(s)

View on PACER

5 Exhibit(s)

View on PACER

6 Exhibit(s)

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
46

BRIEF IN SUPPORT re 44 MOTION for Discovery filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
47

REPLY BRIEF re 39 REPORT AND RECOMMENDATIONS re 23 MOTION for Preliminary Injunction filed by Mumia Abu-Jamal filed by John Kerestes.(Neal, Laura) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
48

REPLY BRIEF re 23 MOTION for Preliminary Injunction filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
49

Letter from Plaintiff's Counsel Requesting Oral Argument. (Grote, Bret) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
50

ORDER:THAT oral argument shall be held on Friday, December 11, 2015, at 2:00 p.m. in the William J. Nealon Federal Building, Scranton, Pa. in acourtroom to be designated by the Clerk of Court. Counsel can obtain information on courtroom assignments by contacting the Clerk's office the Friday before the scheduled appearance. Signed by Honorable Robert D. Mariani on 11/6/15. (jfg) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
51

BRIEF IN OPPOSITION re 44 MOTION for Discovery filed by Geisinger Medical Center.(Dempsey, John) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
52

BRIEF IN OPPOSITION re 44 MOTION for Discovery filed by John Kerestes.(Neal, Laura) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
53

Letter from Robert J. Boyle requesting rescheduling of oral argument. (Boyle, Robert) (Entered: 11/11/2015)

Nov. 11, 2015

Nov. 11, 2015

PACER
54

ORDER: THAT oral argument in the above-captioned case previously scheduled for Friday, December 11, 2015, at 2:00 p.m., has been RESCHEDULED to Friday, December 18, 2015, at 10:30 a.m. in the William J. Nealon Federal Building, Scranton, Pa. The oral argument will be held in acourtroom to be designated by the Clerk of Court. Counsel can obtain information on courtroom assignments by contacting the Clerk's office the Friday before the scheduled appearance. Signed by Honorable Robert D. Mariani on 11/12/15. (jfg) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
55

REPLY BRIEF re 44 MOTION for Discovery filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
56

ORDER denying in part 21 Motion to Amend/Correct Signed by Magistrate Judge Karoline Mehalchick on 11/23/2015 (cw) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
57

AMENDED COMPLAINT First Amended and Supplemental Complaint against All Defendants, filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
59

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 AMENDED COMPLAINT on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (lh) (Entered: 11/24/2015)

1 Summons Packet

View on PACER

Nov. 24, 2015

Nov. 24, 2015

PACER
60

ORDER:THAT the oral argument previously scheduled for Friday, December 18,2015, at 10:30 a.m. is RESCHEDULED to Friday, December 18,2015, at 9:30 a.m. in the William J. Nealon Federal Building, Scranton, Pa. Counsel for the parties shall be prepared to offer documentary or testimonial evidence and argument as to: 1.The effect, if any, of the Magistrate Judge's Order (Doc. 56) denying without prejudice Plaintiffs Motion for Leave to Amend (Doc. 21) and directing Plaintiff "to re-file his proposed amended complaint now that the administrative remedy process appears to have been exhausted with respect to Plaintiffs medical care claims" on the Magistrate Judge's Report and Recommendation (Doc. 39) denying Plaintiffs Motion for Preliminary Injunction (Doc. 23). 2. Whether the Plaintiffs Hepatitis C, acondition conceded by Counsel for Defendant Kerestes on the above-mentioned telephone conference to be present in Plaintiff, has been manifested by the symptoms described in Plaintiffs First Amended and Supplemental Complaint (Doc. 57 at mr 30-35, 38, 41, 59-60, 65). 3. Whether Defendant Kerestes has failed to address the Plaintiffs Hepatitis Cand its symptoms or has addressed them in a manner showing deliberate indifference or medical malpractice as alleged in Paragraphs 30, 34, 36-37,43, 56, 58-61, 64-66, and 70 of Plaintiffs First Amended and Supplemental Complaint (Doc. 57). 4. Any other factual or legal issues which bear upon whether Plaintiff has satisfied the prerequisites for the issuance of injunctive relief under Federal Rule of Civil Procedure65. Signed by Honorable Robert D. Mariani on 12/1/15. (jfg) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
62

NOTICE of Appearance by Vincent R. Mazeski on behalf of John Kerestes. (Mazeski, Vincent) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
63

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Geisinger Medical Center's Motion to Dimiss Plaintiff's First Amended and Supplemental Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Geisinger Medical Center. (Attachments: # 1 Proposed Order)(Dempsey, John) Modified on 3/31/2016 (jw). (Entered: 12/07/2015)

1 Proposed Order

View on PACER

Dec. 7, 2015

Dec. 7, 2015

PACER
64

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by John Kerestes re 56 Order on Motion to Amend/Correct (Neal, Laura) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
65

Appellant's BRIEF by John Kerestes. Appellee Brief due by 12/21/2015. (Attachments: # 1 Unpublished Opinion(s) Attach A Mitchell v Daupin Cty Cmmsrs, # 2 Unpublished Opinion(s) Attach B Mack v Wetzel)(Neal, Laura) (Entered: 12/07/2015)

1 Unpublished Opinion(s) Attach A Mitchell v Daupin Cty Cmmsrs

View on PACER

2 Unpublished Opinion(s) Attach B Mack v Wetzel

View on PACER

Dec. 7, 2015

Dec. 7, 2015

PACER
66

SCHEDULING ORDER: Oral Argument set for 12/18/2015 09:30 AM before Honorable Robert D. Mariani. The Court notes that Defendant Kerestes has submitted a Brief in Support of his Appeal (Doc. 65) on December 7, 2015. The Court wishes to receive Plaintiff's Brief in Opposition on or before Tuesday, December 15, 2015. However, should Plaintiff be unable to submit a brief within the above expedited time frame, he may file his brief after the conclusion of the hearing and oral argument on December 18, 2015 and within the fourteen day period prescribed by Local Rule 72.2. Defendant Kerestes reply brief, if any, shall be filed within accordance wsith aforesaid Local Rule 72.2.Signed by Honorable Robert D. Mariani on 12/8/15. (lh) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
67

PLAINTIFF'S REPLY BRIEF In Opposition by Mumia Abu-Jamal as to 64 Appeal of Magistrate Judge Decision to District Court. (Grote, Bret) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
68

Letter from Counsel for Plaintiff . (Attachments: # 1 Proposed Order)(Grote, Bret) (Entered: 12/16/2015)

1 Proposed Order

View on PACER

Dec. 16, 2015

Dec. 16, 2015

PACER
69

Letter from Defendant Kerestes in Response to Plaintiff's Letter . (Attachments: # 1 Exhibit(s) Rhodes v. Robinson, 621 F.3d 1002 (2010))(Neal, Laura) (Entered: 12/16/2015)

1 Exhibit(s) Rhodes v. Robinson, 621 F.3d 1002 (2010)

View on PACER

Dec. 16, 2015

Dec. 16, 2015

PACER
70

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 12/17/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/17/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
71

ORDER THAT Plaintiff Mumia Abu Jamal SHALL BE TRANSPORTED to SCI Mahanoy's videoconference room or other such appropriate room in advance of the proceedings, PERMITTED to testify during the proceedings when called to doso, and PERMITIED to remain present throughout the entirety of the proceedings on Friday, December 18, 2015.Signed by Honorable Robert D. Mariani on 12/17/15. (jfg) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
72

STIPULATION re 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Geisinger Medical Center's Motion to Dimiss Plaintiff's First Amended and Supplemental Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Proposed Order to Extend Until After the Preliminary Injunction Hearing Geisinger Medical Center's Brief in Support of Its Motion to Dismiss by Geisinger Medical Center. (Dempsey, John) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
73

ORDER re 72 Stipulation, to extned time filed by Geisinger Medical Center approved by the Court. Signed by Honorable Robert D. Mariani on 12/21/15. (jfg) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
74

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 12/21/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/21/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
75

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Evidentiary Hearing - Day 2 before Judge Mariani on 12/22/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/22/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
76

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Evidentiary Hearing - Day 1 before Judge Mariani on 12/18/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/22/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
77

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Evidentiary Hearing - Day 3 before Judge Mariani on 12/23/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/23/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
78

Exhibit List by Mumia Abu-Jamal.. (jfg) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
79

Exhibit List by John Kerestes.. (jfg) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
80

BRIEF IN SUPPORT re 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Geisinger Medical Center's Motion to Dimiss Plaintiff's First Amended and Supplemental Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Geisinger Medical Center. (Attachments: # 1 Unpublished Opinion(s))(Conaboy, Suzanne) (Entered: 12/29/2015)

1 Unpublished Opinion(s)

View on PACER

Dec. 29, 2015

Dec. 29, 2015

PACER
81

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Kerestes. (Attachments: # 1 Proposed Order)(Neal, Laura) (Entered: 01/04/2016)

1 Proposed Order

View on PACER

Jan. 4, 2016

Jan. 4, 2016

PACER
87

MOTION for Extension of Time to 14-days to file brief in opposition by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order)(Grote, Bret) (Entered: 01/12/2016)

1 Proposed Order

View on PACER

Jan. 12, 2016

Jan. 12, 2016

PACER
88

ORDER upon consideration of the foregoing motion, it is hereby ordered that plaintiff's brief in opposition to defendant Geisinger Medical Center's motion to dismiss is due no later than January 29,2015.Signed by Honorable Robert D. Mariani on 1/13/16 (jfg) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
89

BRIEF IN SUPPORT re 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Kerestes.(Neal, Laura) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

RECAP
90

BRIEF IN OPPOSITION re 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Geisinger Medical Center's Motion to Dimiss Plaintiff's First Amended and Supplemental Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
91

MOTION for Extension of Time to to file brief in oppositionto defendant Kerestes' motion to dismiss by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order)(Grote, Bret) (Entered: 02/03/2016)

1 Proposed Order

View on PACER

Feb. 3, 2016

Feb. 3, 2016

PACER
92

ORDER upon consideration of the foregoing motion, it is hereby ordered that plaintiffs brief in opposition to defendant Kerestes' motion to dismiss is due no later than February 9, 2015.Signed by Honorable Robert D. Mariani on 2/4/16 (jfg) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
93

BRIEF IN OPPOSITION re 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

RECAP
94

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing Day 1 held on 12/18/15 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (cr) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
95

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing Day 2 held on 12/22/15 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (cr) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
96

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing Day 3 held on 12/23/15 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (cr) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
97

Letter from Plaintiff's Counsel . (Grote, Bret) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
98

MOTION for Extension of Time to 7 day extension to file briefsregarding preliminary injunction by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order)(Grote, Bret) (Entered: 02/16/2016)

1 Proposed Order

View on PACER

Feb. 16, 2016

Feb. 16, 2016

PACER
99

REPLY BRIEF re 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Geisinger Medical Center's Motion to Dimiss Plaintiff's First Amended and Supplemental Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Geisinger Medical Center. (Attachments: # 1 Unpublished Opinion(s))(Dempsey, John) (Entered: 02/16/2016)

1 Unpublished Opinion(s)

View on PACER

Feb. 16, 2016

Feb. 16, 2016

PACER
100

ORDER upon consideration of the foregoing motion, it is hereby ordered that both parties' briefs in regard to plaintiffs motion for preliminary injunction are due no later than March 11, 2016. It is further ordered that both parties are permitted to file briefs in excess of f the 1S-page limit, but not to exceed 30 pages in length. Signed by Honorable Robert D. Mariani on 2/17/16 (jfg) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
101

REPLY BRIEF re 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Kerestes.(Neal, Laura) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
102

NOTICE of Appearance by Samuel H. Foreman on behalf of Shaista Khanum, John Lisiak, MD, Scott Saxon (Foreman, Samuel) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER
103

NOTICE of Appearance by Caitlin J Goodrich on behalf of Shaista Khanum, John Lisiak, MD, Scott Saxon (Goodrich, Caitlin) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER
104

MOTION to Strike 57 Amended Complaint (Sentence 2 of Paragraph 1, and Paragraphs 9 through 23) by John Kerestes, Christopher Oppman, John Steinhart. (Attachments: # 1 Proposed Order)(Neal, Laura) (Entered: 03/03/2016)

1 Proposed Order

View on PACER

March 3, 2016

March 3, 2016

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C

Multi-LexSum (in sample)

Key Dates

Filing Date: May 18, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoner in Pennsylvania suffering from medical health issues.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Abolitionist Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania Department of Corrections (Schuylkill), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Skin Infections

Type of Facility:

Government-run