Case: Postawko v. Missouri Department of Corrections

2:16-cv-04219 | U.S. District Court for the Western District of Missouri

Filed Date: July 14, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 14, 2016, an inmate at the Missouri Department of Corrections (MDOC) filed a lawsuit in the United States District Court for the Western District of Missouri, alleging that he had received inadequate medical care from the MDOC for a chronic Hepatitis C (HCV) viral infection. The inmate originally filed on his own, but the ACLU of Missouri and MacArthur Justice Center began representing this inmate and on December 15, 2016, the plaintiff filed an amended complaint seeking to proceed as a…

On July 14, 2016, an inmate at the Missouri Department of Corrections (MDOC) filed a lawsuit in the United States District Court for the Western District of Missouri, alleging that he had received inadequate medical care from the MDOC for a chronic Hepatitis C (HCV) viral infection. The inmate originally filed on his own, but the ACLU of Missouri and MacArthur Justice Center began representing this inmate and on December 15, 2016, the plaintiff filed an amended complaint seeking to proceed as a class action lawsuit. Plaintiffs sued the Missouri Department of Corrections and Corizon, LLC, the healthcare provider for all MDOC facilities, under 42 U.S.C. § 1983 and the Americans with Disabilities Act. Plaintiffs additionally sued the director of MDOC and individual medical practitioners at MDOC facilities. Plaintiffs claimed that defendants violated their Eighth Amendment right to be free from cruel and unusual punishment by failing to provide the medically acceptable care to inmates with the Hepatitis C Virus (HCV). Specifically, plaintiffs claimed (a) that defendants failed to provide all inmates with HCV the direct-acting antiviral (DAA) drug treatment, which is approved by the FDA and has been shown to cure 90% of HCV cases; and (b) that defendants utilized outdated and ineffective diagnostic techniques in determining whether or not to treat a patient with symptoms of HCV. Plaintiffs further claimed that defendants violated the Americans with Disabilities Act (ADA) by discriminating against inmates with HCV.

The plaintiffs sought relief for members of a putative class comprising over 5,000 prisoners in custody of MDOC who have been or will be diagnosed with HCV but who are not provided treatment with DAA drugs. Plaintiffs wanted a declaration that the withholding of DAA drugs from defendants was unconstitutional and additionally sought an injunction to require defendants to formulate and implement a plan that meets the prevailing standard of care for HCV diagnosis and treatment. Plaintiffs further sought monetary relief in the form of the costs of the suit and attorney fees and litigation expenses. The case was before United States District Judge Nanette Laughrey.

On February 21, 2017, MDOC defendants filed a motion to dismiss plaintiffs’ complaint. In their motion to dismiss, MDOC defendants claimed that plaintiffs had failed to state an Eighth Amendment claim because they had no constitutional right to obtain the course of treatment demanded (DAAs). Additionally, defendants claimed that plaintiffs failed to state an ADA claim since ADA claims cannot be based on medical treatment decisions.

On May 11, 2017, the Court issued an order granting in part and denying in part MDOC defendants’ motion to dismiss. The Court denied defendants’ motion to dismiss with respect to plaintiffs’ Eighth Amendment claims on the grounds that plaintiffs had demonstrated both a serious medical need for prompt treatment with DAAs and deliberate indifference on the part of defendants to plaintiffs’ serious need for medical treatment. It also denied defendants’ motion to dismiss with respect to plaintiffs’ ADA claims, finding that the plaintiffs had plausibly alleged claims under the ADA and that defendants had not shown adequate evidence to dismiss at that point. The Court did grant the motion to dismiss with respect to specific counts for individual MDOC employees on qualified immunity grounds, and also with respect to certain damages claims against state officials in their official capacity on Eleventh Amendment grounds. 2017 WL 1968317.

On July 26, 2017, Judge Laughrey granted class certification, 2017 WL 3185155. The defendants sought permission to appeal under Rule 23(f) and the Court of Appeals for the Eighth Circuit granted permission in September 2017. The parties then moved to stay proceedings in the District Court pending the Circuit Court's resolution of the certification appeal, and the District Court stayed proceedings on October 27, 2017.

On December 6, 2018, the Court of Appeals (Circuit Judges Erickson, Wollman, and Kelly) affirmed the judgment of the District Court granting class certification. 910 F.3d 1030. Then, The Court of Appeals issued an order denying a motion to rehear the case en banc on January 11, 2019.

On June 17, 2019, the plaintiffs sought a motion for a preliminary injunction requiring defendants to implement a policy that complied with the standard of care for inmates with chronic HCV infection, as set forth in the American Association for the Study of Liver Disease and the Infectious Diseases Society of America. From August 13, 2019 to August 16, 2019 the court held a hearing concerning the preliminary injunction.

The parties continued to engage in mediation discussions. On May 11, 2020, Judge Laughrey entered a stay for 60 days because the parties had "made progress in their efforts to resolve the dispute."

Ultimately, the parties proposed a joint motion for a settlement agreement on August 25, 2020. The settlement provided for opt-out antibody testing at intake, meaning that everyone incarcerated in MDOC facilities would be tested for Hepatitis C unless they affirmatively chose not to be tested. The settlement also stated that RNA tests would be conducted for people with positive antibody tests to determine whether the Hepatitis C infection is active or has cleared. If an incarcerated individual were to be identified as having an active infection, they would be enrolled in the Hepatitis C chronic care clinic. Direct Acting Antiviral treatment was also guaranteed to be provided to class members through a priority-based system. Finally, the defendants agreed to pay attorneys' fees of $375,000.

Various class members filed objections, but these objections were uniformly dismissed by the court. On October 28, 2020, after a final approval hearing was conducted, the settlement was approved.

Because the settlement provisions are still being enforced, the case remains ongoing.

Summary Authors

Elena Malik (10/8/2017)

Chris Pollack (4/24/2019)

Cedar Hobbs (9/26/2019)

Justin Hill (9/5/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4515577/parties/postawko-v-corizon-medical-services/


Judge(s)

Erickson, Ralph R. (North Dakota)

Kelly, Jane Louise (Iowa)

Laughrey, Nanette Kay (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Breihan, Amy Elizabeth (Missouri)

Cleary, Meghan Chambers (New York)

Crane, Megan G (Missouri)

Dean, David D. (Missouri)

DeLoach, Kayla (Missouri)

Frenkel, Amelia Igo Pelly (District of Columbia)

Judge(s)

Erickson, Ralph R. (North Dakota)

Kelly, Jane Louise (Iowa)

Laughrey, Nanette Kay (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Breihan, Amy Elizabeth (Missouri)

Cleary, Meghan Chambers (New York)

Crane, Megan G (Missouri)

Dean, David D. (Missouri)

DeLoach, Kayla (Missouri)

Frenkel, Amelia Igo Pelly (District of Columbia)

Gostin, Kieran Gavin (District of Columbia)

Henthorne, Elizabeth Lynn (District of Columbia)

Matthews-Johnson, Tamarra Dion (District of Columbia)

Pastan, Anastasia McLetchie (District of Columbia)

Praiss, Omri E. (Missouri)

Quinn, Mae C. (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Steffan, Jessie (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Bangert, Ryan Lee (Missouri)

Baumann, Jennifer A. (Missouri)

Buchheit, Zachary T (Missouri)

Eckenrode, J. Thaddeus (Missouri)

Elsbury, Laura E. (Missouri)

Haywood, Amy C. (Missouri)

Huff, Michael P. (Alabama)

Kinsella, Carrie L. (Missouri)

Lewis, Jason (Missouri)

Liss, Jessica L. (Missouri)

Lunsford, William R. (Alabama)

Messeloff, Daniel L. (Ohio)

Mueller, Jillian (Missouri)

Quinlan, Michael D. (Missouri)

Reeves, Matthew B. (Missouri)

Relys, H. Anthony (Missouri)

Sauer, Dean John (Missouri)

Smith, Justin D. (Missouri)

Taylor, John W. (Missouri)

Vermette, Dwight Allan (Missouri)

Vetter, Colleen Joern (Missouri)

White, Amy J. (Missouri)

Documents in the Clearinghouse

Document

2:16-cv-04219

17-03029

Docket [PACER]

Postawko v. Corizon Medical Services

July 8, 2021

July 8, 2021

Docket
1

2:16-cv-04219

Complaint Under the Civil Rights Act of 42 U.S.C. 1983

Postawko v. Corizon Medical Services, Missouri Department of Corrections

July 14, 2016

July 14, 2016

Complaint
30

2:16-cv-04219

Second Amended Complaint

Postawko, Baker, and Jameson v. Missouri Department of Corrections

Dec. 15, 2016

Dec. 15, 2016

Complaint
77

2:16-cv-04219

Motion for Class Certification

Jan. 24, 2017

Jan. 24, 2017

Pleading / Motion / Brief
103

2:16-cv-04219

MDOC Defendants' Motion to Dismiss Second Amended Complaint

Feb. 21, 2017

Feb. 21, 2017

Pleading / Motion / Brief
155

2:16-cv-04219

Order

2017 WL 1968317

May 11, 2017

May 11, 2017

Order/Opinion
162

2:16-cv-04219

MDOC Defendants' Answer to Plaintiffs' Second Amended Complaint

May 25, 2017

May 25, 2017

Pleading / Motion / Brief
174

2:16-cv-04219

Order

2017 WL 3185155

July 26, 2017

July 26, 2017

Order/Opinion

17-03029

Amicus Brief in Support of Plaintiffs

U. S. Court of Appeals for the Eighth Circuit

Feb. 6, 2018

Feb. 6, 2018

Pleading / Motion / Brief
215-2

17-03029

Opinion

U. S. Court of Appeals for the Eighth Circuit

910 F.3d 1030

Dec. 6, 2018

Dec. 6, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4515577/postawko-v-corizon-medical-services/

Last updated Aug. 11, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Michael G Postawko. (Attachment: # 1 Exhibits 1 - 8)(Thoennes, Cindy) (Entered: 07/28/2016)

1 Exhibit

View on PACER

July 14, 2016

July 14, 2016

Clearinghouse
2

IFP FINANCIAL AFFIDAVIT filed by Michael G Postawko. (Thoennes, Cindy) (Entered: 07/28/2016)

July 14, 2016

July 14, 2016

PACER
3

Inmate ACCOUNT STATEMENT filed by Michael G Postawko. (Thoennes, Cindy) (Entered: 07/28/2016)

July 14, 2016

July 14, 2016

PACER

RECEIPT number KCMO057218 in the amount of $14 issued to Michael Postawko. (Martin, Jan)

July 27, 2016

July 27, 2016

PACER

Receipt

July 27, 2016

July 27, 2016

PACER
5

ORDER that: (1) Plaintiff is granted provisional leave to proceed in forma pauperis; (2) Plaintiff shall pay to the clerk of the court for the Western District of Missouri, Western Division, an initial partial filing fee of $20.50; and (3) Plaintiff's failure to pay the required initial partial filing fee on or before August 26, 2016, will result in the dismissal of this case without further notice. Signed on 7/29/2016 by District Judge Nanette K. Laughrey. (Doty, Greg) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

RECAP
7

PLAINTIFF'S NOTICE for preservation of evidence filed by Michael G Postawko. (Thoennes, Cindy) (Entered: 08/12/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER

RECEIPT number kcmo057484 in the amount of $6.50. (Watson, Olivette)

Aug. 8, 2016

Aug. 8, 2016

PACER

Receipt

Aug. 8, 2016

Aug. 8, 2016

PACER
8

PLAINTIFF'S NOTICE regarding preservation of evidence filed by Michael G Postawko. (Thoennes, Cindy) (Entered: 08/25/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
6

ORDER: ORDERED that: (1) the agency having custody of Plaintiff forward to the Clerk of the Court monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account each time the amount in the account exceeds $10.00 until the remainder of the $350.00 filing fee ($329.50) is paid; (2) the Clerk of the Court is directed to send Plaintiff another set of civil rights forms for his use in filing an amended complaint;(3) Plaintiff is directed to file a superseding amended complaint, on or before September 8, 2016, as specifically discussed herein; and (4) failure to amend as directed will result in the dismissal of this case without further notice. Signed on August 9, 2016 by District Judge Nanette K. Laughrey. (CLERK'S NOTE: Civil rights forms mailed to plaintiff with copy of order as directed.) (Thoennes, Cindy) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
9

PLAINTIFF'S SUPERCEDING AMENDED COMPLAINT as directed by 8/9/16 order (Doc. No. 6 ) filed by Michael G Postawko. (Attachment: # 1 Exhibits)(Thoennes, Cindy) (Entered: 08/25/2016)

1 Exhibit

View on PACER

Aug. 22, 2016

Aug. 22, 2016

PACER
10

ORDER: ORDERED that: (1) the Clerk of the Court add George Lombardi and Jay Cassady as defendants in this case; (2) Defendants Missouri Department of Corrections, Lombardi, and Cassady are severed and dismissed from this case; (3) Corizon, Inc. notify the Court, in writing, within 30 days from the date of this Order, as to whether they will or will not waive service of process; and (4) Defendant Corizon answer or otherwise respond, pursuant to Fed. R. Civ. P. 4 and 12, within 60 days from the date of this Order if service of process is waived, or within 21 days after service of process if service of process is not waived. Signed on August 30, 2016 by District Judge Nanette K. Laughrey. (Thoennes, Cindy) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

RECAP

RECEIPT number T16271 in the amount of $24.00 issued to MO DOC for Michael Postawko. (Lock, Tania)

Sept. 10, 2016

Sept. 10, 2016

PACER

Receipt

Sept. 10, 2016

Sept. 10, 2016

PACER
149

PLAINTIFF'S OBJECTION to Doc. 10 filed by Michael G Postawko. (CLERK'S NOTE: This document was originally mistakenly filed in plaintiff's case no. 15-4281.)(Davies, Cindy) (Entered: 04/21/2017)

Sept. 12, 2016

Sept. 12, 2016

PACER
11

NOTICE of appearance by J. Thaddeus Eckenrode on behalf of Corizon Medical Services (Attorney J. Thaddeus Eckenrode added to party Corizon Medical Services(pty:dft))(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

RECAP
12

RETURN OF WAIVER OF SERVICE filed by Corizon Medical Services. Waiver sent to Corizon Medical Services on 8/30/2016, answer due 10/31/2016. (Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
13

PLAINTIFF'S CERTIFICATE OF SERVICE filed by Michael G Postawko.(Thoennes, Cindy) (Entered: 10/12/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
14

PLAINTIFF'S CERTIFICATE OF SERVICE filed by Michael G Postawko.(Thoennes, Cindy) (Entered: 10/12/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER

RECEIPT number T16302 in the amount of $4.00 issued to MO DOC for Michael Postawko. (Lock, Tania)

Oct. 8, 2016

Oct. 8, 2016

PACER

Receipt

Oct. 8, 2016

Oct. 8, 2016

PACER
15

PLAINTIFF'S EVIDENCE filed by Michael G Postawko.(Thoennes, Cindy) (Entered: 10/18/2016)

Oct. 13, 2016

Oct. 13, 2016

RECAP
16

ANSWER to 9 Amended Complaint on behalf of Corizon Medical Services.(Eckenrode, J.) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

RECAP
17

CERTIFICATE OF SERVICE by Corizon Medical Services filed by J. Thaddeus Eckenrode on behalf of Defendant Corizon Medical Services.(Eckenrode, J.) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
18

PRETRIAL SCHEDULING ORDER with motions for summary judgment due on or before June 19, 2017. Signed on 11/04/2016 by District Judge Nanette K. Laughrey. (Casey, Susan) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

RECAP
19

NOTICE of appearance by Anthony E. Rothert on behalf of Michael G Postawko (Attorney Anthony E. Rothert added to party Michael G Postawko(pty:pla))(Rothert, Anthony) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER

RECEIPT number T16335 in the amount of $24.00 issued to MO DOC for Michael Postawko. (Lock, Tania)

Nov. 12, 2016

Nov. 12, 2016

PACER

Receipt

Nov. 12, 2016

Nov. 12, 2016

PACER

***Remark: Copy of docket sheet mailed to plaintiff upon request for status of e-file submissions. (Thoennes, Cindy)

Nov. 14, 2016

Nov. 14, 2016

PACER

Remark

Nov. 14, 2016

Nov. 14, 2016

PACER

Notice of docket modification

Nov. 29, 2016

Nov. 29, 2016

PACER
20

SCHEDULING ORDER: Discovery due by 5/19/2017. Dispositive Motions due by 6/19/2017. Pretrial Conference set for 10/26/2017at 02:00 PM Courtroom 4A, Jefferson City. Jury Trial set for 11/6/2017 at 09:00 AM in Courtroom 4A, Jefferson City (NKL) before District Judge Nanette K. Laughrey. Signed on 11/29/16 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) Modified on 11/30/2016 to correct the docket entry text, Trial is set 11/6/2017. (Matthes Mitra, Renea). (Entered: 11/29/2016)

1 Memo on PTC

View on PACER

Nov. 29, 2016

Nov. 29, 2016

PACER
21

RULES OF TRIAL. Signed on 11/29/16 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Additional attachment(s) added on 11/29/2016: # 1 Rules of Trial) (Matthes Mitra, Renea). Modified on 11/29/2016 to attach correct document and delete incorrect document.(Matthes Mitra, Renea). (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 11/29/16 as Document No. 21, Rules of Trial. The document has been deleted and replaced with correct document. This is a text entry only - no document is attached. (Matthes Mitra, Renea)

Nov. 29, 2016

Nov. 29, 2016

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 11/29/16 Scheduling Order. Corrected docket entry text: Jury Trial is set 11/06/2017 as set out in the Scheduling Order. This is a text entry only - no document is attached. (Matthes Mitra, Renea)

Nov. 30, 2016

Nov. 30, 2016

PACER

Notice of docket modification

Nov. 30, 2016

Nov. 30, 2016

PACER
22

NOTICE of appearance by Gillian R. Wilcox on behalf of Michael G Postawko (Attorney Gillian R. Wilcox added to party Michael G Postawko(pty:pla))(Wilcox, Gillian) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
23

CERTIFICATE OF SERVICE by Michael G Postawko of Plaintiff's Initial Disclosures filed by Gillian R. Wilcox on behalf of Plaintiff Michael G Postawko.(Wilcox, Gillian) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
24

MOTION to vacate 20 Scheduling Order,, filed by Anthony E. Rothert on behalf of Michael G Postawko. Suggestions in opposition/response due by 12/19/2016 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Related document(s) 20 ) (Rothert, Anthony) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
25

ORDER entered by Judge Nanette Laughrey. Plaintiff's motion to vacate scheduling order, Doc. 24, is granted. Plaintiff shall file his motion for leave to amend his complaint on or before 12/14/2016. The Court further orders that on or before 1/14/2017, the parties shall file a proposed scheduling order or arrange for a phone conference with the Court to discuss a Rule 16 conference.This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER

RECEIPT number T16363 in the amount of $24.00 issued to MO DOC for Michael Postawko. (Lock, Tania)

Dec. 6, 2016

Dec. 6, 2016

PACER

Receipt

Dec. 6, 2016

Dec. 6, 2016

PACER
26

NOTICE of appearance by Jessie Steffan on behalf of Michael G Postawko (Attorney Jessie Steffan added to party Michael G Postawko(pty:pla))(Steffan, Jessie) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
27

MOTION for leave to file second amended complaint filed by Anthony E. Rothert on behalf of Michael G Postawko. Suggestions in opposition/response due by 12/28/2016 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Attachments: # 1 proposed second amended complaint)(Rothert, Anthony) (Entered: 12/14/2016)

1 proposed second amended complaint

View on PACER

Dec. 14, 2016

Dec. 14, 2016

PACER
28

SUGGESTIONS in support re 27 MOTION for leave to file second amended complaint filed by Anthony E. Rothert on behalf of Plaintiff Michael G Postawko. (Related document(s) 27 ) (Rothert, Anthony) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
29

ORDER entered by Judge Nanette Laughrey. Plaintiff's motion for leave to file a second amended complaint, Doc. 27, is granted. Plaintiff shall file his second amended complaint on or before 12/21/2016.This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
30

AMENDED COMPLAINT against Missouri Department of Corrections, Corizon, LLC, George Lombardi, Trinidad Aguilera, John Williams, FNU Stamps, Thomas Pryor, FNU Proctor, FNU Hardman, FNU Davison, Paul Jones, FNU Stieferman, T. Bredeman, Julie Fipps, FNU Cofield, FNU Rucker, Jamie Campbell, Dawn Baker, Geeneen Wilhite, Adrienne Hardy, Bonnie Boley, Amanda Yates, Julie LNU, J Doe filed by Anthony E. Rothert on behalf of Michael G Postawko, Christopher Baker, Michael Jamerson.(Rothert, Anthony) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

Clearinghouse
31

NOTICE of appearance by Amy Elizabeth Breihan on behalf of All Plaintiffs (Attorney Amy Elizabeth Breihan added to party Christopher Baker(pty:pla), Attorney Amy Elizabeth Breihan added to party Michael Jamerson(pty:pla), Attorney Amy Elizabeth Breihan added to party Michael G Postawko(pty:pla))(Breihan, Amy) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
32

NOTICE of appearance by Jessie Steffan on behalf of All Plaintiffs (Attorney Jessie Steffan added to party Christopher Baker(pty:pla), Attorney Jessie Steffan added to party Michael Jamerson(pty:pla))(Steffan, Jessie) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
33

NOTICE of appearance by Mae C Quinn on behalf of All Plaintiffs (Attorney Mae C Quinn added to party Christopher Baker(pty:pla), Attorney Mae C Quinn added to party Michael Jamerson(pty:pla), Attorney Mae C Quinn added to party Michael G Postawko(pty:pla))(Quinn, Mae) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
34

NOTICE of appearance by Gillian R. Wilcox on behalf of All Plaintiffs (Attorney Gillian R. Wilcox added to party Christopher Baker(pty:pla), Attorney Gillian R. Wilcox added to party Michael Jamerson(pty:pla))(Wilcox, Gillian) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER

ELECTRONIC SUMMONS ISSUED as to Corizon, LLC, George Lombardi, Missouri Department of Corrections and emailed to plaintiff's counsel. (Lock, Tania)

Dec. 22, 2016

Dec. 22, 2016

PACER

Summons Issued

Dec. 22, 2016

Dec. 22, 2016

PACER

ELECTRONIC SUMMONS ISSUED as to Dawn Baker, Bonnie Boley, Jamie Campbell, FNU Cofield, FNU Davison, Julie Fipps, FNU Hardman, Adrienne Hardy, Paul Jones, Julie LNU, FNU Proctor, Thomas Pryor, FNU Rucker, FNU Stamps, FNU Stieferman, Geeneen Wilhite & Amanda Yates and emailed to plaintiff's counsel. (Lock, Tania)

Dec. 27, 2016

Dec. 27, 2016

PACER

Summons Issued

Dec. 27, 2016

Dec. 27, 2016

PACER
35

NOTICE of appearance by Jessica L. Liss on behalf of Corizon, LLC (Attorney Jessica L. Liss added to party Corizon, LLC(pty:dft))(Liss, Jessica) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
36

NOTICE of appearance by Amy J White on behalf of Corizon, LLC (Attorney Amy J White added to party Corizon, LLC(pty:dft))(White, Amy) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER

Summons Issued

Dec. 29, 2016

Dec. 29, 2016

PACER
37

RETURN OF SERVICE of complaint executed by Christopher Baker. George Lombardi served on 12/22/2016, answer due 1/12/2017. (Rothert, Anthony) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
38

RETURN OF SERVICE of complaint executed by Christopher Baker. Missouri Department of Corrections served on 12/22/2016, answer due 1/12/2017. (Rothert, Anthony) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER

ELECTRONIC SUMMONS ISSUED as to Trinidad Aguilera, T. Bredeman, John Williams and emailed to plaintiff's counsel. (Lock, Tania)

Dec. 29, 2016

Dec. 29, 2016

PACER
39

ANSWER to 30 Amended Complaint,, on behalf of Corizon, LLC.(Attorney J. Thaddeus Eckenrode added to party Corizon, LLC(pty:dft))(Eckenrode, J.) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
40

MOTION to withdraw as attorney filed by J. Thaddeus Eckenrode on behalf of Corizon, LLC. Suggestions in opposition/response due by 1/12/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Eckenrode, J.) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
41

ORDER entered by Judge Nanette Laughrey. Eckenrode-Maupin, Attorneys at Law and J. Thaddeus Eckenrode's motion to withdraw as counsel on behalf of Defendant Corizon, LLC, Doc. 40, is granted. Defendant Corizon, LLC's new counsel, Jessica L. Liss and Amy J. White of Jackson Lewis PC have already entered their appearances in this matter on behalf of Defendant.This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
42

RETURN OF SERVICE of complaint executed by All Plaintiffs. FNU Hardman served on 12/29/2016, answer due 1/19/2017. (Rothert, Anthony) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
43

RETURN OF SERVICE of complaint executed by All Plaintiffs. FNU Davison served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
44

RETURN OF SERVICE of complaint executed by All Plaintiffs. FNU Proctor served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
45

RETURN OF SERVICE of complaint executed by All Plaintiffs. Dawn Baker served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
46

RETURN OF SERVICE of complaint executed by All Plaintiffs. Corizon, LLC served on 12/27/2016, answer due 1/17/2017. (Rothert, Anthony) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
47

RETURN OF SERVICE of complaint executed by Michael Jamerson, Michael G Postawko, Christopher Baker. Adrienne Hardy served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
48

RETURN OF SERVICE of complaint executed by Michael Jamerson, Michael G Postawko, Christopher Baker. FNU Stamps served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER

Receipt

Jan. 9, 2017

Jan. 9, 2017

PACER
49

RETURN OF SERVICE of complaint executed by Christopher Baker. Thomas Pryor served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
50

RETURN OF SERVICE of complaint executed by Christopher Baker. T. Bredeman served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
51

RETURN OF SERVICE of complaint executed by Christopher Baker. FNU Cofield served on 12/20/2016, answer due 1/10/2017. (Rothert, Anthony) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
52

RETURN OF SERVICE of complaint executed by Christopher Baker. Jamie Campbell served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
53

RETURN OF SERVICE of complaint executed by Christopher Baker. FNU Stieferman served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
54

NOTICE of appearance by Colleen Joern Vetter on behalf of George Lombardi, Missouri Department of Corrections (Attorney Colleen Joern Vetter added to party George Lombardi(pty:dft), Attorney Colleen Joern Vetter added to party Missouri Department of Corrections(pty:dft))(Vetter, Colleen) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
55

MOTION for extension of time to file answer re 30 Amended Complaint,, filed by Colleen Joern Vetter on behalf of George Lombardi, Missouri Department of Corrections. Suggestions in opposition/response due by 1/23/2017 unless otherwise directed by the court. (Related document(s) 30 ) (Vetter, Colleen) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER

RECEIPT number T1730 in the amount of $4.00 issued to MO DOC for Michael Postawko. (Lock, Tania)

Jan. 9, 2017

Jan. 9, 2017

PACER
56

RETURN OF SERVICE of complaint executed by All Plaintiffs. Julie Fipps served on 12/30/2016, answer due 1/20/2017. (Rothert, Anthony) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
57

ORDER entered by Judge Nanette Laughrey. Defendants Missouri Department of Corrections and George Lombardi's unopposed motion for extension, Doc. 55, is granted, and their responses to Plaintiffs' Second Amended Complaint are due on or before 2/10/2017. This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
58

NOTICE of appearance by Colleen Joern Vetter on behalf of Adrienne Hardy (Attorney Colleen Joern Vetter added to party Adrienne Hardy(pty:dft))(Vetter, Colleen) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
59

MOTION for extension of time to file answer re 30 Amended Complaint,, filed by Colleen Joern Vetter on behalf of Adrienne Hardy. Suggestions in opposition/response due by 1/25/2017 unless otherwise directed by the court. (Related document(s) 30 ) (Vetter, Colleen) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
60

ORDER entered by Judge Nanette Laughrey. Defendant Adrienne Hardy's unopposed motion for extension, Doc. 59, is granted. Defendant Hardy shall file her response to Plaintiffs' Second Amended Complaint on or before 2/10/2017.This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
61

Joint MOTION for extension of time to Comply with December 5, 2016 Order filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/30/2017 unless otherwise directed by the court. (Breihan, Amy) (Entered: 01/14/2017)

Jan. 14, 2017

Jan. 14, 2017

PACER
62

MOTION for extension of time to Comply with December 5, 2016 Order filed by Colleen Joern Vetter on behalf of Adrienne Hardy, George Lombardi, Missouri Department of Corrections. Suggestions in opposition/response due by 1/31/2017 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
63

NOTICE of appearance by Jessica L. Liss on behalf of Dawn Baker, T. Bredeman, Jamie Campbell, FNU Cofield, FNU Davison, Julie Fipps, FNU Hardman, FNU Proctor, Thomas Pryor, FNU Stamps, FNU Stieferman (Attorney Jessica L. Liss added to party Dawn Baker(pty:dft), Attorney Jessica L. Liss added to party T. Bredeman(pty:dft), Attorney Jessica L. Liss added to party Jamie Campbell(pty:dft), Attorney Jessica L. Liss added to party FNU Cofield(pty:dft), Attorney Jessica L. Liss added to party FNU Davison(pty:dft), Attorney Jessica L. Liss added to party Julie Fipps(pty:dft), Attorney Jessica L. Liss added to party FNU Hardman(pty:dft), Attorney Jessica L. Liss added to party FNU Proctor(pty:dft), Attorney Jessica L. Liss added to party Thomas Pryor(pty:dft), Attorney Jessica L. Liss added to party FNU Stamps(pty:dft), Attorney Jessica L. Liss added to party FNU Stieferman(pty:dft))(Liss, Jessica) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
64

NOTICE of appearance by Amy J White on behalf of Dawn Baker, T. Bredeman, Jamie Campbell, FNU Cofield, FNU Davison, Julie Fipps, FNU Hardman, FNU Proctor, Thomas Pryor, FNU Stamps, FNU Stieferman (Attorney Amy J White added to party Dawn Baker(pty:dft), Attorney Amy J White added to party T. Bredeman(pty:dft), Attorney Amy J White added to party Jamie Campbell(pty:dft), Attorney Amy J White added to party FNU Cofield(pty:dft), Attorney Amy J White added to party FNU Davison(pty:dft), Attorney Amy J White added to party Julie Fipps(pty:dft), Attorney Amy J White added to party FNU Hardman(pty:dft), Attorney Amy J White added to party FNU Proctor(pty:dft), Attorney Amy J White added to party Thomas Pryor(pty:dft), Attorney Amy J White added to party FNU Stamps(pty:dft), Attorney Amy J White added to party FNU Stieferman(pty:dft))(White, Amy) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
65

ANSWER to 30 Amended Complaint,, on behalf of Dawn Baker, T. Bredeman, Jamie Campbell, FNU Cofield, FNU Davison, Julie Fipps, FNU Hardman, FNU Proctor, Thomas Pryor, FNU Stamps, FNU Stieferman.(Liss, Jessica) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
66

ORDER. A Rule 16 Telephone Conference is set for 2/1/2017 at 02:00 PM. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 1/20/17 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
67

MOTION to substitute party filed by Anthony E. Rothert on behalf of Christopher Baker. Suggestions in opposition/response due by 2/3/2017 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
68

RETURN OF SERVICE of complaint executed by Christopher Baker. John Williams served on 1/14/2017, answer due 2/6/2017. (Rothert, Anthony) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
69

RETURN OF SERVICE of complaint executed by Christopher Baker. Amanda Yates served on 1/14/2017, answer due 2/6/2017. (Rothert, Anthony) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
70

RETURN OF SERVICE of complaint executed by Christopher Baker. Julie LNU served on 1/14/2017, answer due 2/6/2017. (Rothert, Anthony) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
71

ORDER entered by Judge Nanette Laughrey. Plaintiffs' motion to substitute a party, Doc. 67, is granted. Because Anne L. Precythe is Defendant George Lombardi's successor as Director of the Missouri Department of Corrections, Precythe in her official capacity is substituted for Lombardi.This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
72

RETURN OF SERVICE of complaint executed by Christopher Baker. FNU Rucker served on 1/10/2017, answer due 1/31/2017. (Rothert, Anthony) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
73

RETURN OF SERVICE of complaint executed by Christopher Baker. Geeneen Wilhite served on 1/10/2017, answer due 1/31/2017. (Rothert, Anthony) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
74

RETURN OF SERVICE of complaint executed by Christopher Baker. Trinidad Aguilera served on 1/10/2017, answer due 1/31/2017. (Rothert, Anthony) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Hepatitis C

Multi-LexSum (in sample)

Key Dates

Filing Date: July 14, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All those individuals in the custody of MDOC, now or in the future, who have been, or will be, diagnosed with chronic HCV as that term is defined medically, but who are not provided treatment with direct acting antiviral drugs.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri Department of Corrections, State

Corizon, 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.

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 375000

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Conditions of confinement

Payment for care

Reasonable Accommodations

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

ICF/MR & HCFA standards

Medical care, general

Untreated pain

Type of Facility:

Government-run