Case: Graham v. Parker

3:16-cv-01954 | U.S. District Court for the Middle District of Tennessee

Filed Date: July 25, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 25, 2016, prisoners at the Tennessee Department of Corrections filed this class action lawsuit in the U.S. District Court for the Middle District of Tennessee. Plaintiffs sued the Commissioner and the Medical Director of the Tennessee Department of Corrections under 42 U.S.C. § 1983. Plaintiffs claimed that defendants violated their Eighth Amendment right to be free from cruel and unusual punishment by failing to provide medically acceptable care to prisoners with the Hepatitis C Viru…

On July 25, 2016, prisoners at the Tennessee Department of Corrections filed this class action lawsuit in the U.S. District Court for the Middle District of Tennessee. Plaintiffs sued the Commissioner and the Medical Director of the Tennessee Department of Corrections under 42 U.S.C. § 1983. Plaintiffs claimed that defendants violated their Eighth Amendment right to be free from cruel and unusual punishment by failing to provide medically acceptable care to prisoners with the Hepatitis C Virus (HCV), despite having knowledge of the proper standard of care and medical advances in HCV treatment. Such a policy, alleged the plaintiffs, constituted deliberate indifference to the suffering of the plaintiffs.

The plaintiffs were represented by the ACLU, Disability Rights Tennessee, and private counsel. They sought a declaration that the policies and practices of the defendants were unconstitutional and an injunction to require defendants to implement a plan to eliminate the risk of serious harm resulting from inadequate diagnosis, assessment, and treatment of HCV infections, on behalf of themselves and all others similarly situated. Plaintiffs further sought monetary relief in the form of the costs of the suit and attorneys' fees and litigation expenses.

On September 16, 2016 the plaintiffs moved to certify their class, and on May 4, 2017, Chief Judge Waverly D. Crenshaw granted the motion. The class consisted of "All persons currently incarcerated in any facility under the supervision or control of the Tennessee Department of Corrections or persons incarcerated in a public or privately owned facility for whom the Tennessee Department of Corrections has ultimate responsibility for their medical care and who have at least 12 weeks or more remaining to serve on their sentences and are either currently diagnosed with Hepatitis C infection or are determined to have Hepatitis C after an appropriate screening test has been administered by the Department of Corrections." 2017 WL 1737871. The defendants tried to appeal this class certification decision, but were denied leave to appeal on August 10, 2017.

A lengthy and heavily contested discovery process followed. On June 29, 2018 defendants filed a motion for summary judgment which was denied on June 6, 2019. The case went to trial on July 16, 2019, and finished July 19, 2019. On September 30, 2019 Judge Crenshaw issued a judgment for the defendants.

The plaintiffs filed a notice of appeal on October 30, 2019, and on August 24, 2020 the U.S. Court of Appeals for the Sixth Circuit (Judges Raymond M. Kethledge and Eric E. Murphy) affirmed the trial court’s decision. The court’s reasoning was significantly influenced by the parties' agreement to focus on the 2019 policy for HCV rather than the original 2016 policy at the trial.

Quoting the trial court’s findings of fact and conclusion of law, the Sixth Circuit agreed that the 2016 policy was “erratic, uneven, and poor” and “border[ed] on deliberate indifference” as it “prioritized” the best treatment, direct-acting antivirals, for only those with severe liver scaring giving no consideration to other factors, despite the knowledge that antivirals often halt the progress of HCV or cause it disappear completely.

However, the court found that the 2019 policy represented a significant improvement. It expanded testing for HCV and established more forgiving criteria for which cases received the direct-acting antivirals (not all cases could receive the treatment due to budget restrictions). Moreover, the 2019 policy established “continuous care and monitoring of infected inmates, regardless of their course of treatment.” The court thus held that the defendant “sought to employ the finite resources at his disposal to maximize their benefit for the inmates in his care.” And it observed that, while the plaintiff’s claim that every inmate should have received the antiviral is certainly desirable, such a demand would have required the defendant to “spend money he did not have.”

Judge Ronald Lee Gilman dissented, and argued that the court failed to consider the serious harm caused by the delay in proper treatment as a result of the defendant's 2016 policy and the continuing rationing of care in the 2019 policy. Moreover, he argued that lack of funding (which he suggested the defendant could have tried harder to address) was not an excuse for the violation of the Eight Amendment. 972 F.3d 734.

The case is likely over, but the plaintiffs could still appeal or seek reconsideration of the Sixth Circuit's ruling.

Summary Authors

Elena Malik (10/5/2017)

Lisa Limb (5/7/2019)

Madeline Buday (10/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6059343/parties/atkins-v-parker/


Judge(s)

Brown, Joe B. (Tennessee)

Crenshaw, Waverly David Jr. (Tennessee)

Gilman, Ronald Lee (Tennessee)

Kethledge, Raymond M. (Michigan)

Murphy, Eric Earl (Ohio)

Attorneys(s) for Plaintiff

Campbell, Karla M. (Tennessee)

Castelli, Thomas H. (Tennessee)

Jennings, Callie Kate Barker (Tennessee)

Logsdon, Elizabeth S. (Tennessee)

Orlandi, Anthony A (Tennessee)

Judge(s)

Brown, Joe B. (Tennessee)

Crenshaw, Waverly David Jr. (Tennessee)

Gilman, Ronald Lee (Tennessee)

Kethledge, Raymond M. (Michigan)

Murphy, Eric Earl (Ohio)

Attorneys(s) for Plaintiff

Campbell, Karla M. (Tennessee)

Castelli, Thomas H. (Tennessee)

Jennings, Callie Kate Barker (Tennessee)

Logsdon, Elizabeth S. (Tennessee)

Orlandi, Anthony A (Tennessee)

Price, Stacie L (Tennessee)

Stranch, Jane Branstetter (Tennessee)

Wall, Michael J (Tennessee)

Wilds, Sherry A. (Tennessee)

Attorneys(s) for Defendant

Brough, Madeline B. (Tennessee)

Dowty, Matthew R (Tennessee)

Hart, Steven Ashley (Tennessee)

Lorch, Pamela S. (Tennessee)

Newsom, James R. III (Tennessee)

Slatery, Herbert III (Tennessee)

Expert/Monitor/Master

Young, William Edwin (Tennessee)

Documents in the Clearinghouse

Document

3:16-cv-01954

19-06243

Docket [PACER]

Sept. 16, 2020

Sept. 16, 2020

Docket
1

3:16-cv-01954

Class Action Complaint [With Exhibits]

July 25, 2016

July 25, 2016

Complaint
15

3:16-cv-01954

Memorandum in Support of Plaintiffs' Motion for Class Certification

Sept. 16, 2016

Sept. 16, 2016

Pleading / Motion / Brief
20

3:16-cv-01954

Response in Opposition to Plaintiffs' Motion to Certify Class

Oct. 11, 2016

Oct. 11, 2016

Pleading / Motion / Brief
24

3:16-cv-01954

Plaintiffs' Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Certify Class

Nov. 30, 2016

Nov. 30, 2016

Pleading / Motion / Brief
32

3:16-cv-01954

Memorandum

2017 WL 1737871

May 4, 2017

May 4, 2017

Order/Opinion
260

3:16-cv-01954

Findings of Fact and Conclusions of Law

Atkins v. Parker

412 F.Supp.3d 761

Sept. 30, 2019

Sept. 30, 2019

Order/Opinion
32-2

3:16-cv-01954

19-06243

Opinion

Atkins v. Parker

U. S. Court of Appeals for the Sixth Circuit

972 F.3d 734

Aug. 24, 2020

Aug. 24, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6059343/atkins-v-parker/

Last updated Aug. 4, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Charles Graham & Russell L. Davis against Tony C. Parker, et al. (Filing fee $400, Receipt number 0650-2249245). (Attachments: # 1 Exhibit A-Dept of Corrections protocol re testing/treating Hepatitus C dated 1/1/16, # 2 Exhibit B-Schofield 3-9-16 letter to TN House Finance, Ways and Means Committee, # 3 Exhibit C-TN Dept of Corrections Hepatitus C Management Guidance dated 5-20-16, # 4 Attachment Civil Cover Sheet)(af) (Entered: 07/25/2016)

1 Exhibit A-Dept of Corrections protocol re testing/treating Hepatitus C dated 1/1

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2 Exhibit B-Schofield 3-9-16 letter to TN House Finance, Ways and Means Committee

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3 Exhibit C-TN Dept of Corrections Hepatitus C Management Guidance dated 5-20-16

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4 Attachment Civil Cover Sheet

View on PACER

July 25, 2016

July 25, 2016

RECAP
2

Summons issued as to Marina Cadreche, Tony C. Parker, Kenneth Williams. Summons fwd to Intake Dept. for pick up by counsel. (hb) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER

Docket Annotation

July 26, 2016

July 26, 2016

PACER
3

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (hb) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
4

NOTICE of Initial Case Management Conference set for 9/22/2016 at 10:30 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. (hb) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER

TN BAR STATUS for Attys. Karla M. Campbell, Thomas H. Castelli, and Elizabeth S. Logsdon verified as active. (hb)

July 26, 2016

July 26, 2016

PACER
5

ORDER OF RECUSAL. Magistrate Judge E. Clifton Knowles recused. Case reassigned to Magistrate Judge Joe Brown for all further proceedings. Signed by Magistrate Judge E. Clifton Knowles on 7/26/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
6

NOTICE of Initial Case Management Conference RESET for 9/22/2016 at 10:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. (hb) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
7

Letter from William J. Ferris, Inmate at Trousdale Turner Correctional Facility, Registration Inmate #348288, requesting copy of complaint. (af) (Entered: 08/03/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
8

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by District Judge Waverly D. Crenshaw, Jr on 8/3/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
9

SUMMONS returned executed by Russell L. Davis, Charles Graham. Marina Cadreche served on 8/22/2016; Tony C. Parker served on 8/22/2016; Kenneth Williams served on 8/22/2016. (Campbell, Karla) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
10

MOTION to Continue by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
11

NOTICE of Appearance by Madeline B. Brough on behalf of Marina Cadreche, Tony C. Parker, Kenneth Williams (Brough, Madeline) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
12

ORDER: Pending in this matter is Defendants' motion to continue the initial case management conference (Docket Entry 10 ) presently set for 10:30 a.m. on Thursday, September 22, 2016. The motion is GRANTED, and the Initial Case Management Conference is reset for 10:00 a.m. on Thursday, October 27, 2016. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 9/1/2016. (hb) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
13

ANSWER to 1 Complaint, by Marina Cadreche, Tony C. Parker, Kenneth Williams.(Lorch, Pamela) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
14

MOTION to Certify Class by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment Proposed Order)(Campbell, Karla) (Entered: 09/16/2016)

1 Attachment Proposed Order

View on PACER

Sept. 16, 2016

Sept. 16, 2016

PACER
15

MEMORANDUM in Support of 14 MOTION to Certify Class filed by Russell L. Davis, Charles Graham . (Campbell, Karla) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
16

DECLARATION of Thomas H. Castelli filed by Russell L. Davis, Charles Graham re: 14 MOTION to Certify Class . (Campbell, Karla) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
17

MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Certify Class by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
18

ORDER The defendant has requested an extension of time to respond (Docket Entry 17). Counsel should comply with local rules and in the case caption include the names of the judges assigned to the case and if there is a jury demand. On motions for extension of time counsel should state if the opposing party(s) have been consulted and whether they agree or not. The Plaintiff will advise the court if they oppose this motion by October 3, 2017. Absent objection by that date the motion will be granted. (Brown, Joe) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
19

ORDER granting 17 Motion for Extension of Time to File Response to 14 MOTION to Certify Class . Signed by Magistrate Judge Joe Brown on 10/3/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/04/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
20

RESPONSE in Opposition re 14 MOTION to Certify Class filed by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Attachments: # 1 Attachment Affidavit of Dr. Williams)(Lorch, Pamela) (Entered: 10/11/2016)

1 Attachment Affidavit of Dr. Williams

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Oct. 11, 2016

Oct. 11, 2016

PACER
21

PROPOSED CASE MANAGEMENT ORDER filed by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Case Management Conference held on 10/27/2016. ICMO to enter. (Digital Audio: 27oct2016) (rd)

Oct. 27, 2016

Oct. 27, 2016

PACER

Case Management Conference

Oct. 27, 2016

Oct. 27, 2016

PACER
22

CASE MANAGEMENT ORDER: Amended Pleadings due by 4/10/2017. Discovery due by 7/21/2017. Dispositive Motions due by 12/29/2017. Telephone Conference set for 2/23/2017 10:00 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 10/28/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
23

ORDER: Bench Trial set for 6/19/2018 09:00 AM in Courtroom A859 before District Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 6/4/2018 10:30 AM in Courtroom A859 before District Judge Waverly D. Crenshaw Jr. Exhibit List due by 5/25/2018. Witness List due by 5/25/2018. Joint Proposed Pretrial Order due by 5/25/2018. Signed by District Judge Waverly D. Crenshaw, Jr on 11/4/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
24

REPLY to Response to Motion re 14 MOTION to Certify Class filed by Russell L. Davis, Charles Graham. (Attachments: # 1 Exhibit Declaration of Dr. Michael S. Saag, M.D., # 2 Attachment Johannes v. Washington, 2015 WL 5634446 (E.D. Mich.), # 3 Attachment Turner v. Grant Cty. Det. Ctr., 2008 WL 821895 (E.D. Ky), # 4 Attachment Dowdy-El v. Caruso, 2012 WL 6642793 (E.D. Mich.), # 5 Attachment Dowdy-El v. Caruso, 2012 WL 6642763 (E.D. Mich.), # 6 Attachment Flynn v. Doyle, 2007 WL 805788 (E.D. Wis.))(Castelli, Thomas) (Entered: 11/30/2016)

1 Exhibit Declaration of Dr. Michael S. Saag, M.D.

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2 Attachment Johannes v. Washington, 2015 WL 5634446 (E.D. Mich.)

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3 Attachment Turner v. Grant Cty. Det. Ctr., 2008 WL 821895 (E.D. Ky)

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4 Attachment Dowdy-El v. Caruso, 2012 WL 6642793 (E.D. Mich.)

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5 Attachment Dowdy-El v. Caruso , 2012 WL 6642763 (E.D. Mich.)

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6 Attachment Flynn v. Doyle, 2007 WL 805788 (E.D. Wis.)

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Nov. 30, 2016

Nov. 30, 2016

PACER
25

Letter to the Court requesting copy of docket sheet from Michael B. Lester. Docket sheet mailed to Mr. Lester. (hb) (Entered: 12/20/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
26

MOTION for Extension of Time to Complete Discovery by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
27

ORDER granting 26 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Joe Brown on 1/31/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 2/23/2017. Order to enter. (rd)

Feb. 23, 2017

Feb. 23, 2017

PACER

Telephone Conference

Feb. 23, 2017

Feb. 23, 2017

PACER
28

ORDER: A telephone conference was held with the parties in this matter on February 23, 2017. The parties have been discussing ADR and the possibility of resolving this case. They have advised that in order to undertake complete resolution of this case they need to know whether this matter will be a class action or not. A motion to certify the class (Docket Entry 14) is presently pending. Signed by Magistrate Judge Joe Brown on 2/27/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 02/28/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
29

Letter requesting copy of docket sheet from Mark Owen White. Copy of docket sheet mailed. (hb) (Entered: 03/21/2017)

March 20, 2017

March 20, 2017

PACER
30

Letter from Michael B. Lester requesting copy of docket sheet. Copy of docket sheet mailed. (hb) (Entered: 04/04/2017)

April 3, 2017

April 3, 2017

PACER
31

MOTION for Leave to Extension of time to file motion to decertify class by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
32

MEMORANDUM signed by Chief Judge Waverly D. Crenshaw, Jr on 5/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

RECAP
33

ORDER: Pending before the Court is Plaintiffs' Motion for Class Certification (Doc. No. 14 ). For the reasons stated in the accompanying Memorandum, Plaintiffs' Motion is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
34

ORDER: Presently pending is the Defendants' motion for additional time to file a motion to decertify the class (Docket Entry 31 ). The motion is GRANTED. Plaintiff filed a motion to certify the class (Docket Entry 14) on September 16, 2016. That motion is fully briefed, but has not yet been decided by the District Judge. The scheduling order (Docket Entry 22 ) provided in paragraph G that the Defendants' motion to decertify the class should be filed on or before April 28, 2017. In the event a class is certified, the Defendants may have 60 days after such an order to move to decertify the class, or until December 29, 2017, whichever is earlier. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 5/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
35

Joint MOTION for Extension of Time to Complete Discovery and extend scheduling order deadlines and trial date by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
36

ORDER granting 35 Motion for Extension of Time to Complete Discovery. The parties have stated they are discussing ADR. They are encouraged to continue those efforts and to request assistance from the court if they belief it would be of any assistance. DISCOVERY: The parties shall complete all written discovery and depositions of all fact witnesses on or before January 22, 2018. DISCLOSURE OF EXPERTS: Plaintiffs shall identify and disclose all expert witnesses and expert reports on or before February 19, 2018. The defendants shall identify and disclose all expert witnesses and reports on or before March 19, 2018. Plaintiffs shall identify and disclose all rebuttal expert witnesses and rebuttal reports on or before April 6, 2018. DEPOSITIONS OF EXPERT WITNESSES: All experts shall be deposed by no later than April 27, 2018. DISPOSITIVE MOTIONS: Dispositive motions shall be filed by no later than June 29, 2018. Responses will be due 28 days after any such motions and replies limited to 10 pages will be due 14 days after responses. TRIAL DATE: The trial and final pretrial dates (Socket Entry 23) are cancelled and the Magistrate Judges recommends a new trial date be reset on or after 4 December 2018. (JBB) Modified on 6/16/2017 (dt). (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
37

NOTICE of Appearance by Steven Ashley Hart on behalf of All Defendants (Hart, Steven) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
38

NOTICE of Appearance by James R. Newsom, III on behalf of Marina Cadreche, Tony C. Parker, Kenneth Williams (Newsom, James) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER

TN State Bar status verified as active for James R. Newsom, III. (dt)

June 21, 2017

June 21, 2017

PACER

TN State Bar status verified as active for Steven Ashley Hart. (dt)

June 21, 2017

June 21, 2017

PACER

Annotation - Bar Status

June 21, 2017

June 21, 2017

PACER
39

**VACATED PER ORDER 137 ** ORDER: Bench Trial set for 12/4/2018 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 11/19/2018 at 10:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/28/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 11/1/2018 (dt). (Entered: 06/29/2017)

June 28, 2017

June 28, 2017

PACER
40

MOTION TO BE INCLUDED IN CLASS ACTION LAWSUIT by Calvin Landers. (am) (Entered: 07/12/2017)

July 11, 2017

July 11, 2017

PACER
41

ORDER of USCA: The defendants' petition for leave to appeal is DENIED. (No Mandate to Issue.)(dt) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
42

ORDER: Motion from Calvin Landers to be included in this class action lawsuit 40 is Denied at this point as moot. The Clerk will include with the mailing of this order a copy of Judge Crenshaw's order 33 . Signed by Magistrate Judge Joe Brown on 8/24/17. (xc:Pro se party by regular mail w/ copy of Order 33 .) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
43

MOTION to Intervene by Omowale Ashanti Shabazz. (Attachments: # 1 Attachment - Proposed Verified Complaint)(dt) (Entered: 01/26/2018)

1 Attachment - Proposed Verified Complaint

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Jan. 18, 2018

Jan. 18, 2018

PACER
44

ORDER: The Plaintiff Omowale Ashanti Shabazz has filed a motion to intervene (Docket Entry 43 ). He has attached to his motion a complete complaint. This motion is DENIED at this point as moot. Signed by Magistrate Judge Joe Brown on 1/29/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
45

MOTION to Alter or Amend Judgment by Omowale Ashanti Shabazz. (dt) (Entered: 02/06/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
46

MOTION to Compel Discovery Responses by Russell L. Davis, Charles Graham. (Attachments: # 1 Exhibit First Requests for Production/Responses, # 2 Exhibit Second Requests for Production/Responses, # 3 Exhibit Williams Interrogatories/Responses, # 4 Exhibit Parker Interrogatories/Responses, # 5 Exhibit Third Requests for Production/Responses, # 6 Exhibit Williams Deposition Excerpts, # 7 Exhibit First Meet and Confer Ltr, # 8 Exhibit Second Meet and Confer Ltr, # 9 Exhibit Johnson Deposition Excerpts, # 10 Exhibit Wiley Deposition Excerpts)(Campbell, Karla) (Entered: 02/06/2018)

1 Exhibit First Requests for Production/Responses

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2 Exhibit Second Requests for Production/Responses

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3 Exhibit Williams Interrogatories/Responses

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4 Exhibit Parker Interrogatories/Responses

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5 Exhibit Third Requests for Production/Responses

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6 Exhibit Williams Deposition Excerpts

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7 Exhibit First Meet and Confer Ltr

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8 Exhibit Second Meet and Confer Ltr

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9 Exhibit Johnson Deposition Excerpts

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10 Exhibit Wiley Deposition Excerpts

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Feb. 6, 2018

Feb. 6, 2018

PACER
47

MEMORANDUM in Support of 46 MOTION to Compel Discovery Responses filed by Russell L. Davis, Charles Graham . (Campbell, Karla) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
48

ORDER: Omowale Ashanti Shabazz (Plaintiff) had previously filed a motion to intervene, which was denied as moot (Docket Entry 43). He has now filed a motion to alter or amend judgment (Docket Entry 45). If Plaintiff wishes to appeal the Magistrate Judge's order finding his motion moot he should follow the procedures set out in Federal Rule of Civil Procedure 72 and Local Rule 72.02 or 72.03. The motion, to the extent he has intended to file this as a motion to reconsider, is DENIED. Chief Judge Crenshaw has previously defined the class in this case (Docket Entry 33). The Clerk will send the Plaintiff a copy of that order. Signed by Magistrate Judge Joe Brown on 2/7/18. (xc:Pro se party by regular mail w/ Order DE#33) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 2/8/2018 (dt). (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
49

NOTICE of Appearance by Callie Kate Barker Jennings on behalf of Russell L. Davis, Charles Graham (Jennings, Callie) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
50

Joint MOTION to Amend Scheduling Order re: 36 Order by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment proposed Order)(Campbell, Karla) Modified on 2/8/2018 (dt). (Entered: 02/07/2018)

1 Attachment proposed Order

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Feb. 7, 2018

Feb. 7, 2018

PACER
51

ORDER: The Motion to Compel 46 is therefore DENIED, pending a telephone call with the Magistrate Judge in which the parties will set out the specific requests in question, the responses, and the Plaintiffs' statements as to why the responses are inadequate. Signed by Magistrate Judge Joe Brown on 2/8/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER

Annotation - Bar Status

Feb. 8, 2018

Feb. 8, 2018

PACER
52

ORDER: The parties have filed a joint motion to amend the scheduling order (Docket Entry 50 ). Since at this point the motion does not affect the bench trial set for December 4, 2018 (Docket Entry 39 ) the motion is GRANTED. Signed by Magistrate Judge Joe Brown on 2/8/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER

TN State Bar status verified as active for Callie Kate Barker Jennings. (dt)

Feb. 8, 2018

Feb. 8, 2018

PACER
53

Letter from Michael Vaughan requesting docket sheet. (Docket sheet sent to Mr. Vaughan by regular mail.) (dt) (Entered: 02/13/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
54

Joint MOTION for Protective Order (s) by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment proposed Order, # 2 Attachment proposed Order)(Campbell, Karla) (Entered: 03/09/2018)

1 Attachment proposed Order

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2 Attachment proposed Order

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March 9, 2018

March 9, 2018

PACER
55

Letter from Calvin Landers. (Docket Sheet sent to Mr. Landers by regular mail.) (dt) (Entered: 03/13/2018)

March 12, 2018

March 12, 2018

PACER
56

PROTECTIVE ORDER Signed by Magistrate Judge Joe Brown on 3/14/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
57

HIPPAA QUALIFIED PROTECTIVE ORDER Signed by Magistrate Judge Joe Brown on 3/14/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
58

ORDER: Telephone Conference set for 5/2/2018 at 3:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 5/1/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 5/2/2018. Order to enter. (Time in Court: 30 minutes) (rd)

May 2, 2018

May 2, 2018

PACER

Telephone Conference

May 2, 2018

May 2, 2018

PACER
59

ORDER: A telephone conference was held with the parties on May 2, 2018, to discuss some discovery issues. As an initial matter, the times for taking expert depositions is extended until May 31, 2018. This extension will not affect subsequent deadlines. Signed by Magistrate Judge Joe Brown on 5/7/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
60

MOTION to Amend My Section of Class Action Suit by William D. Hamby, Jr. (dt) (Entered: 06/01/2018)

May 31, 2018

May 31, 2018

PACER
61

ORDER denying 60 Motion to Amend/Correct complaint. The plaintiff to the extent he is a member of the class may not file pleadings to modify the complaint as the individual plaintiff Graham and the class are represented by attorneys. Plaintiff may represent himself is a case where he is an individual plaintiff. If a proposed resolution is reached in the case he may file objections if he is a member of the class. If he wishes to sue individuallly he will need to sue in a separate case and opt out of the class. Any thing he files with the court must leave a one inch margin on all sides. (JBB) (xc: Pro se party by regular mail.) Modified on 6/4/2018 (dt). (Entered: 06/02/2018)

June 2, 2018

June 2, 2018

PACER
62

MOTION to Exclude Opinions and Testimony by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
63

MEMORANDUM in Support of 62 MOTION to Exclude Opinions and Testimony filed by Russell L. Davis, Charles Graham . (Attachments: # 1 Attachment deposition transcript excerpts)(Campbell, Karla) (Entered: 06/15/2018)

1 Attachment deposition transcript excerpts

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June 15, 2018

June 15, 2018

PACER
64

Letter from William Hamby, Jr. re: medical issues. (dt) Modified on 6/25/2018 (dt). (Entered: 06/18/2018)

June 15, 2018

June 15, 2018

PACER
65

MOTION to Amend 1 Complaint, by William D. Hamby, Jr. (dt) (Entered: 06/18/2018)

June 15, 2018

June 15, 2018

PACER
66

ORDER denying 65 Motion to Amend complaint. For the reasons previously stated in the courts order (Docket Entry 61) the plaintiff may not file pleadings on his own while he is a member of a class action. If he wants to sue on his own then he needs to file a separate lawsuit. Plaintiff needs to leave a one inch margin on anything he files with the court. This is critical at the bottom as the courts filing system prints information in the bottom inch and anything the plaintiff writes there will be overprinted and may not be readable. Counsel for the class should consider if any action should be taken in the case in light of the plaintiffs letter about his medical condition. (JBB) Modified on 6/18/2018 (dt). (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
67

DECLARATION of Kenneth L. Williams, M.D., Ph.D. filed by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
68

MOTION for Sanctions Under Rule 37(B)(2) by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
69

MEMORANDUM in Support of 68 MOTION for Sanctions Under Rule 37(B)(2) filed by Russell L. Davis, Charles Graham . (Attachments: # 1 Exhibit A - minutes, # 2 Exhibit B - declaration)(Campbell, Karla) (Entered: 06/26/2018)

1 Exhibit A - minutes

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2 Exhibit B - declaration

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June 26, 2018

June 26, 2018

PACER
70

ORDER: In order to get a handle on whether any sanctions are appropriate and if so what, given the short deadline for dispositive motions, a hearing is set in this matter in Courtroom 783, on Monday, July 2, 2018, at 1:30 p.m. Given the nebulous affidavit of Dr. Williams, Dr. Williams should attend or if he is unavailable someone in his place who can specifically testify about when they met and whether minutes for the meetings have been produced or cannot be produced. Signed by Magistrate Judge Joe Brown on 6/28/18. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
71

NOTICE of Appearance by Anthony A. Orlandi on behalf of Russell L. Davis, Charles Graham (Orlandi, Anthony) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
72

RESPONSE in Opposition re 62 MOTION to Exclude Opinions and Testimony filed by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Attachments: # 1 Exhibit Exhibit A Gerrity Report, # 2 Attachment Gerrity Report Exhibit A, # 3 Attachment Gerrity Report Exhibit B Metavir Score and Clinical Outcomes, # 4 Attachment Gerrity Report Exhibit C Treating at F2 vs F3, # 5 Attachment Gerrity Report Exhibit D Non-Invasive Tests, # 6 Attachment Gerrity Report Exhibit E AASLD Guidance Update, # 7 Attachment Gerrity Report Exhibit G Yudkin Idolatry of the Surrogate, # 8 Exhibit Exhibit B Plaintiffs' Expert Disclosures, # 9 Exhibit Exhibit C Yao Report, # 10 Exhibit Exhibit D Excerpt from AASLD/IDSN Guideline, # 11 Exhibit Exhibit E Excerpt from Deposition of Dr. Yao, # 12 Exhibit Exhibit F Excerpt from Dr. Gerrity Deposition)(Lorch, Pamela) (Entered: 06/29/2018)

1 Exhibit Exhibit A Gerrity Report

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2 Attachment Gerrity Report Exhibit A

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3 Attachment Gerrity Report Exhibit B Metavir Score and Clinical Outcomes

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4 Attachment Gerrity Report Exhibit C Treating at F2 vs F3

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5 Attachment Gerrity Report Exhibit D Non-Invasive Tests

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6 Attachment Gerrity Report Exhibit E AASLD Guidance Update

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7 Attachment Gerrity Report Exhibit G Yudkin Idolatry of the Surrogate

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8 Exhibit Exhibit B Plaintiffs' Expert Disclosures

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9 Exhibit Exhibit C Yao Report

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10 Exhibit Exhibit D Excerpt from AASLD/IDSN Guideline

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11 Exhibit Exhibit E Excerpt from Deposition of Dr. Yao

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12 Exhibit Exhibit F Excerpt from Dr. Gerrity Deposition

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June 29, 2018

June 29, 2018

PACER
73

SUPPLEMENT filed by Russell L. Davis, Charles Graham re 68 Motion for Sanctions. (Attachments: # 1 Exhibit C - email)(Campbell, Karla) (Entered: 06/29/2018)

1 Exhibit C - email

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June 29, 2018

June 29, 2018

PACER
74

MOTION for Leave to File Document Under Seal pursuant to Protective Order by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
75

Sealed Document Exhibit(s) 7-11 filed by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
76

Sealed Document Exhibit 12 filed by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
77

MOTION for Summary Judgment by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

RECAP
78

MEMORANDUM in Support of 77 MOTION for Summary Judgment filed by Russell L. Davis, Charles Graham . (Campbell, Karla) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

RECAP
79

DECLARATION of Karla M. Campbell filed by Russell L. Davis, Charles Graham re: 77 MOTION for Summary Judgment . (Campbell, Karla) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
80

STATEMENT of facts filed by Russell L. Davis, Charles Graham in support of 77 Motion for Summary Judgment. (Attachments: # 1 Exhibit Koretz Declaration, # 2 Exhibit Gerrity Deposition, # 3 Exhibit Williams Deposition, # 4 Exhibit Koretz Deposition, # 5 Exhibit Ivens Deposition, # 6 Exhibit Johnson Deposition)(Campbell, Karla) (Entered: 06/29/2018)

1 Exhibit Koretz Declaration

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2 Exhibit Gerrity Deposition

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3 Exhibit Williams Deposition

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4 Exhibit Koretz Deposition

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5 Exhibit Ivens Deposition

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6 Exhibit Johnson Deposition

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June 29, 2018

June 29, 2018

PACER
81

Letter from William Hamby, Jr., re: prison conditions. (dt) (Entered: 07/02/2018)

June 29, 2018

June 29, 2018

PACER

TN State Bar status verified as active for Anthony A. Orlandi. (dt)

July 2, 2018

July 2, 2018

PACER

Annotation - Bar Status

July 2, 2018

July 2, 2018

PACER
82

ORDER: Mr. Hamby continues to file letters and other pleadings in this case that have nothing to do with the merits of the litigation filed by the original Plaintiff in this matter. If Mr. Hamby wishes to file a lawsuit against the correctional officer, he will need to exhaust his administrative remedies and file his own separate lawsuit. As the Court has already pointed out, to the extent he is a member of the class he is represented by attorneys. To the extent he is out of the class, he will be responsible for filing his own lawsuit about Hepatitis C. Signed by Magistrate Judge Joe Brown on 7/2/18. (xc: Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
83

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Hearing held on Plaintiffs' Motion for Sanctions Under Rule 37(B)(2) (Docket Entry 68 ); Witness/Exhibit List attached; Proposed Agreed Order to be submitted to the Court for consideration by Monday, July 9, 2018. (Recording #2jul2018.) (dt) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
84

MOTION to Substitute Attorney Elizabeth Logsdon by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment Declaration of Elizabeth Logsdon, # 2 Attachment Declaration of Stacie Price, # 3 Attachment Declaration of Sherry Wilds, # 4 Attachment Letter to Charles Graham, # 5 Attachment Letter to Russell Davis)(Logsdon, Elizabeth) (Entered: 07/03/2018)

1 Attachment Declaration of Elizabeth Logsdon

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2 Attachment Declaration of Stacie Price

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3 Attachment Declaration of Sherry Wilds

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4 Attachment Letter to Charles Graham

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5 Attachment Letter to Russell Davis

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July 3, 2018

July 3, 2018

PACER
85

ORDER: Plaintiffs' Motion to Exclude Opinions and Testimony (Doc. No. 68) is REFERRED to the Magistrate Judge for a Report and Recommendation. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/5/2018. (xc:Pro se party by regular mail. ) (am) (Entered: 07/06/2018)

July 5, 2018

July 5, 2018

PACER

Case Details

State / Territory: Tennessee

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 25, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons currently incarcerated in any facility under the supervision or control of the Tennessee Department of Corrections or persons incarcerated in a public or privately owned facility for whom the Department has ultimate responsibility for their medical care and who have at least twelve weeks or more remaining to serve on their sentences and are either currently diagnosed with HCV or are determined to have HCV after an appropriate screening has been administered by the Department.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Tennessee Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by staff

Conditions of confinement

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

Medical care, general

Untreated pain

Type of Facility:

Government-run