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Case: Aragon v. Raemisch

1:17-cv-01744 | U.S. District Court for the District of Colorado

Filed Date: July 19, 2017

Closed Date: April 23, 2019

Clearinghouse coding complete

Case Summary

On July 19, 2017, four prisoners suffering from the Hepatitis C virus who were under the custody of the Colorado Department of Corrections (CDOC) filed this class action lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs, represented by the ACLU, sued the executive director of the CDOC, the chief medical officer of the CDOC, and the director of clinical and correctional services of the CDOC under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants had denie…

On July 19, 2017, four prisoners suffering from the Hepatitis C virus who were under the custody of the Colorado Department of Corrections (CDOC) filed this class action lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs, represented by the ACLU, sued the executive director of the CDOC, the chief medical officer of the CDOC, and the director of clinical and correctional services of the CDOC under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants had denied the plaintiffs, and others similarly situated, direct-acting antiviral (DAA) medication in violation of the Eighth Amendment’s prohibition on cruel and unusual punishment.

This case was originally assigned to Magistrate Judge Gordon P. Gallagher, but on August 1, 2017, the case was reassigned to Magistrate Judge Kathleen M. Tafoya. Then, on September 19, 2017, because all parties did not consent to jurisdiction under Judge Tafoya, the case was reassigned to Judge R. Brooke Jackson.

On September 11, 2017, the plaintiffs filed an amended complaint, adding four plaintiffs and one defendant, the Interim Chief Medical Officer of the CDOC, without altering the claims or requests for relief.

On October 2, 2017, the defendants moved to dismiss the complaint for failure to state a claim. The defendants argued that the plaintiffs had failed to sufficiently allege both the objective and subjective components of an Eighth Amendment claim of cruel and unusual punishment. In congruence with this motion, the defendants filed a motion to stay discovery pending its resolution, but Judge Jackson denied the motion to stay discovery on October 27, 2017.

On February 7, 2018, the plaintiffs moved to certify a class defined as "[a]ll current and future prisoners in the custody of the Colorado Department of Corrections who have been or who will be diagnosed with chronic Hepatitis C virus, who have at least 24 weeks or more remaining on their sentences and a life expectancy of more than one year, with the exception of prisoners who are already receiving or who have already completed treatment with Direct Acting Antiviral medications."

The parties submitted a joint notice of private settlement agreement on August 18, 2018. The contents of the settlement are not available through PACER, but Prison Legal News reports that under the terms of the settlement prison officials agreed to: 1) spend all available funding for 2018-19 in the amount of $20.5 million to treat prisoners with HCV; 2) reduce the threshold liver damage score to allow more prisoners to receive treatment; 3) provide another $20.5 million in treatment for 2019-20; 4) eliminate the drug and alcohol program precondition; and 5) remove the disciplinary action restriction. The CDOC also agreed to pay attorneys’ fees and costs totaling $175,000.

In response to the notice of settlement, the court dismissed as moot the pending motion for class certification and motion to dismiss. The parties jointly moved to administratively close the case on April 22, 2019. The motion was granted the following day. This case is now closed.

Summary Authors

Jake Parker (6/19/2018)

Alex Moody (4/8/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6260061/parties/aragon-v-raemisch/


Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Baer, Jacob Jeffrey (Colorado)

Beall, Christopher P. (Colorado)

Cohen, Neal Stuart (Colorado)

Jahanian, Arash (Colorado)

Katz, Dana Sichel (Colorado)

Neel, Sara R. (Colorado)

Rosenthal, Shoshana (Colorado)

Silverstein, Mark (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Baer, Jacob Jeffrey (Colorado)

Beall, Christopher P. (Colorado)

Cohen, Neal Stuart (Colorado)

Jahanian, Arash (Colorado)

Katz, Dana Sichel (Colorado)

Neel, Sara R. (Colorado)

Rosenthal, Shoshana (Colorado)

Silverstein, Mark (Colorado)

Attorneys(s) for Defendant

Alber, Christopher Wayne (Colorado)

Gellar, Nicole S. (Colorado)

Kemp, Jennifer Fawn (Colorado)

Documents in the Clearinghouse

Document

1:17-cv-01744

Docket [PACER]

June 18, 2018

June 18, 2018

Docket
1

1:17-cv-01744

Class Action Complaint

July 19, 2017

July 19, 2017

Complaint
25

1:17-cv-01744

First Amended Class Action Complaint

Sept. 11, 2017

Sept. 11, 2017

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6260061/aragon-v-raemisch/

Last updated Nov. 28, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-5621336)Attorney Christopher P. Beall added to party Ruben Aragon(pty:pla), Attorney Christopher P. Beall added to party David Poole(pty:pla), Attorney Christopher P. Beall added to party John Spring(pty:pla), Attorney Christopher P. Beall added to party Robert Wieghard(pty:pla), filed by David Poole, Ruben Aragon, Robert Wieghard, John Spring. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Rick Raemisch, # 3 Summons Susan Tiona, # 4 Summons Renae Jordan)(Beall, Christopher) (Entered: 07/19/2017)

1 Civil Cover Sheet

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2 Summons Rick Raemisch

View on PACER

3 Summons Susan Tiona

View on PACER

4 Summons Renae Jordan

View on PACER

July 19, 2017

July 19, 2017

Clearinghouse
2

NOTICE of Entry of Appearance for Arash Jahanian by Arash Jahanian on behalf of All Plaintiffs Attorney Arash Jahanian added to party Ruben Aragon(pty:pla), Attorney Arash Jahanian added to party David Poole(pty:pla), Attorney Arash Jahanian added to party John Spring(pty:pla), Attorney Arash Jahanian added to party Robert Wieghard(pty:pla) (Jahanian, Arash) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
3

NOTICE of Entry of Appearance for Sara R. Neel by Sara R. Neel on behalf of All Plaintiffs Attorney Sara R. Neel added to party Ruben Aragon(pty:pla), Attorney Sara R. Neel added to party David Poole(pty:pla), Attorney Sara R. Neel added to party John Spring(pty:pla), Attorney Sara R. Neel added to party Robert Wieghard(pty:pla) (Neel, Sara) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
4

NOTICE of Entry of Appearance for Mark Silverstein by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Ruben Aragon(pty:pla), Attorney Mark Silverstein added to party David Poole(pty:pla), Attorney Mark Silverstein added to party John Spring(pty:pla), Attorney Mark Silverstein added to party Robert Wieghard(pty:pla) (Silverstein, Mark) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
5

NOTICE of Entry of Appearance by Neal Stuart Cohen on behalf of All Plaintiffs Attorney Neal Stuart Cohen added to party Ruben Aragon(pty:pla), Attorney Neal Stuart Cohen added to party David Poole(pty:pla), Attorney Neal Stuart Cohen added to party John Spring(pty:pla), Attorney Neal Stuart Cohen added to party Robert Wieghard(pty:pla) (Cohen, Neal) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
6

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rvill, ) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
7

ORDER Drawing Case by Magistrate Judge Gordon P. Gallagher on 07/24/2017. This Case is randomly reassigned to Judge Wiley Y. Daniel for all further proceedings. Magistrate Judge Gordon P. Gallagher no longer assigned to case. (angar, ) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
8

NOTICE of Entry of Appearance by Shoshana Rosenthal on behalf of All Plaintiffs Attorney Shoshana Rosenthal added to party Ruben Aragon(pty:pla), Attorney Shoshana Rosenthal added to party David Poole(pty:pla), Attorney Shoshana Rosenthal added to party John Spring(pty:pla), Attorney Shoshana Rosenthal added to party Robert Wieghard(pty:pla) (Rosenthal, Shoshana) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
9

NOTICE of Entry of Appearance by Jacob Jeffrey Baer on behalf of All Plaintiffs Attorney Jacob Jeffrey Baer added to party Ruben Aragon(pty:pla), Attorney Jacob Jeffrey Baer added to party David Poole(pty:pla), Attorney Jacob Jeffrey Baer added to party John Spring(pty:pla), Attorney Jacob Jeffrey Baer added to party Robert Wieghard(pty:pla) (Baer, Jacob) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
10

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (amenz, ) (Entered: 07/27/2017)

1 Summons

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2 Magistrate Judge Consent Form

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July 27, 2017

July 27, 2017

PACER
11

SUMMONS issued by Clerk. (dbera, ) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
12

MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
13

CASE REASSIGNED pursuant to 12 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 17-cv-01744-KMT. (Text Only Entry) (rkeec) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
14

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
15

SUMMONS Returned Executed by All Plaintiffs. Renae Jordan served on 7/31/2017, answer due 8/21/2017. (Beall, Christopher) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
16

SUMMONS Returned Executed by All Plaintiffs. Rick Raemisch served on 7/31/2017, answer due 8/21/2017. (Beall, Christopher) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
17

ORDER Setting Scheduling Conference for 10/3/2017 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 9/26/2017, by Magistrate Judge Kathleen M. Tafoya on 8/7/17. (sgrim) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
18

MOTION to Withdraw as Attorney of Record, Shoshana Rosenthal, by Plaintiffs Ruben Aragon, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
19

MINUTE ORDER granting 18 Motion to Withdraw as Attorney. Attorney Shoshana Rosenthal is relieved of any further representation, by Magistrate Judge Kathleen M. Tafoya on 8/15/17. Text Only Entry (sgrim) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
20

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendants Renae Jordan, Rick Raemisch. (Alber, Christopher) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
21

MINUTE ORDER granting 20 Motion for Extension of Time to File Answer or Otherwise Response [sic] to the Complaint. Defendants Jordan and Raemisch shall file their Answer(s) or otherwise respond to Plaintiffs' Complaint no later than 9/11/17. By Magistrate Judge Kathleen M. Tafoya on 8/21/17. Text Only Entry (kmtlc2 ) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
22

MINUTE ORDER. Consent Form due by 9/25/2017. Scheduling Conference RESET for 10/2/2017 10:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall submit a proposed Scheduling Order seven days prior to the conference, by Magistrate Judge Kathleen M. Tafoya on 9/1/17. Text Only Entry (sgrim) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
23

Unopposed MOTION to Amend/Correct/Modify 1 Complaint,, by Plaintiffs Ruben Aragon, David Poole, John Spring, Robert Wieghard. (Attachments: # 1 Exhibit A - Clean draft of proposed First Amended Class Action Complaint, # 2 Exhibit B - Red-line comparison of amended complaint, # 3 Proposed Order (PDF Only))(Beall, Christopher) (Entered: 09/09/2017)

1 Exhibit A - Clean draft of proposed First Amended Class Action Complaint

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2 Exhibit B - Red-line comparison of amended complaint

View on PACER

3 Proposed Order (PDF Only)

View on PACER

Sept. 9, 2017

Sept. 9, 2017

PACER
24

MINUTE ORDER granting 23 Motion for Leave to Amend Class Action Complaint. Plaintiff's [23-1] First Amended Complaint shall be entered. By Magistrate Judge Kathleen M. Tafoya on 9/11/17. Text Only Entry (kmtlc2 ) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
25

FIRST AMENDED CLASS ACTION COMPLAINT against Renae Jordan, Rick Raemisch, Rishi Ariola-Tirella Attorney Christopher P. Beall added to party George Miller(pty:pla), Attorney Christopher P. Beall added to party George Miller(pty:pla), Attorney Christopher P. Beall added to party George Miller(pty:pla), Attorney Mark Silverstein added to party George Miller(pty:pla), Attorney Mark Silverstein added to party George Miller(pty:pla), Attorney Mark Silverstein added to party George Miller(pty:pla), Attorney Christopher P. Beall added to party Edward Kaneta(pty:pla), Attorney Christopher P. Beall added to party Edward Kaneta(pty:pla), Attorney Christopher P. Beall added to party Edward Kaneta(pty:pla), Attorney Mark Silverstein added to party Edward Kaneta(pty:pla), Attorney Mark Silverstein added to party Edward Kaneta(pty:pla), Attorney Mark Silverstein added to party Edward Kaneta(pty:pla), filed by Robert Wieghard, John Spring, Ruben Aragon, David Poole, George Miller, Edward Kaneta, James Bratt, Aaron Miller.(jgonz, ) (Entered: 09/12/2017)

Sept. 11, 2017

Sept. 11, 2017

Clearinghouse
26

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring All parties do not consent.. (Beall, Christopher) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
27

CASE REASSIGNED pursuant to 26 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 17-cv-01744-RBJ. (Text Only Entry) (jgonz, ) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
28

MINUTE ORDER: The Scheduling Conference set for 10/2/17 is VACATED. By Magistrate Judge Kathleen M. Tafoya on 9/19/17. Text Only Entry (kmtlc2 ) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
29

NOTICE of Entry of Appearance by Jennifer Fawn Kemp on behalf of Renae Jordan, Rick RaemischAttorney Jennifer Fawn Kemp added to party Renae Jordan(pty:dft), Attorney Jennifer Fawn Kemp added to party Rick Raemisch(pty:dft) (Kemp, Jennifer) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
30

ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. In light of the decline of consent to a magistrate judge by one or more of the parties in this case and its reassignment to this Court, the Scheduling Conference set October 2, 2017 before Magistrate Judge Kathleen M. Tafoya has been VACATED. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1. The parties are directed to jointly contact Chambers by telephone at (303) 844-4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date within 14 days of the date of this order. Please refer to the order for details. By Judge R. Brooke Jackson on 9/20/17. (rbjsec. ) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
31

SUMMONS REQUEST as to Rishi Ariola-Tirella by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
32

NOTICE of Entry of Appearance by Nicole S. Gellar on behalf of Renae Jordan, Rick RaemischAttorney Nicole S. Gellar added to party Renae Jordan(pty:dft), Attorney Nicole S. Gellar added to party Rick Raemisch(pty:dft) (Gellar, Nicole) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
33

SUMMONS issued by Clerk. (dkals, ) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
34

WAIVER OF SERVICE Returned Executed by Robert Wieghard, James Bratt, John Spring, Ruben Aragon, Edward Kaneta, David Poole, Aaron Miller, George Miller. Rishi Ariola-Tirella waiver sent on 9/22/2017, answer due 11/21/2017. (Beall, Christopher) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
35

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 25 Amended Complaint,,,, by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Kemp, Jennifer) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
36

ORDER granting 35 Motion for Extension of Time to Answer or Otherwise Respond. All Defendants are to answer or otherwise respond on or before 10/2/17. by Judge R. Brooke Jackson on 9/26/17. (jdyne, ) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
37

MINUTE ORDER: A Scheduling Conference is set for October 27, 2017 at 9:30 a.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 9/27/17. Text Only Entry (rbjsec. ) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
38

MOTION to Dismiss by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Alber, Christopher) (Entered: 10/02/2017)

1 Exhibit A-1

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2 Exhibit A-2

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Oct. 2, 2017

Oct. 2, 2017

PACER
39

Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Attachments: # 1 Proposed Order (PDF Only) Order Granting: Unopposed Motion for Three-Day Extension of Time to Respond to Motion to Dismiss)(Beall, Christopher) (Entered: 10/16/2017)

1 Proposed Order (PDF Only) Order Granting: Unopposed Motion for Three-Day Extensi

View on PACER

Oct. 16, 2017

Oct. 16, 2017

PACER
40

ORDER granting 39 Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss. The response is now due by October 26, 2017. By Judge R. Brooke Jackson on 10/16/17. Text Only Entry (rbjsec.) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
41

Proposed Scheduling Order by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
42

RESPONSE to 38 MOTION to Dismiss filed by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP
43

MOTION to Stay by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Alber, Christopher) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP
44

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: terminating 43 Motion to Stay; Scheduling Conference held on 10/27/2017 Discovery due by 6/27/2018, Dispositive Motions due by 7/27/2018. Nine day Bench Trial set to commence 11/5/2018 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 9/28/2018 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Motion Hearing on Class Certification set for 3/21/2018 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Status Conference set for 1/19/2018 at 8:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

RECAP
45

SCHEDULING ORDER: by Judge R. Brooke Jackson on 10/27/17. (jdyne, ) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
46

ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a nine day Bench Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on November 5, 2018 at 9:00 a.m. A Trial Preparation Conference is set for September 28, 2018 at 9:00 a.m. Please refer to the order for details. By Judge R. Brooke Jackson on 10/30/17. (rbjsec. ) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
47

REPLY to Response to 38 MOTION to Dismiss Attorney Nicole S. Gellar added to party Rishi Ariola-Tirella(pty:dft) filed by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Gellar, Nicole) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

RECAP
48

Unopposed MOTION for Leave to to Exceed Page Limits on 47 Reply to Response to Motion by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Gellar, Nicole) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
49

ORDER granting 48 Motion for Leave to Exceed Page Limits. By the way, the Court counts all pages, including the certificate of service. The motion and response were one page over. by Judge R. Brooke Jackson on 11/14/17. Text Only Entry (jdyne, ) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
50

TRANSCRIPT of Scheduling Conference held on October 27, 2017 before Judge Jackson. Pages: 1-36. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
51

NOTICE of Supplemental Authorities re: 42 Response to Motion by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard (Beall, Christopher) (Entered: 11/18/2017)

Nov. 18, 2017

Nov. 18, 2017

RECAP
52

MINUTE ENTRY for Status Conference held before Judge R. Brooke Jackson on 1/19/2018: ORDERED:Briefing schedule for Class Certification: Motion deadline: February 7, 2018; Response deadline: February 28; Reply deadline: March 14th. Court Reporter: Sarah Mitchell. (dhans, ) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
53

Unopposed MOTION to Amend/Correct/Modify Scheduling Order by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Attachments: # 1 Proposed Order (PDF Only) Order Granting: Unopposed Motion to Modify Scheduling Order)(Beall, Christopher) (Entered: 01/25/2018)

1 Proposed Order (PDF Only) Order Granting: Unopposed Motion to Modify Scheduling

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Jan. 25, 2018

Jan. 25, 2018

PACER
54

ORDER granting 53 Unopposed MOTION to Amend/Correct/Modify Scheduling Order. By Judge R. Brooke Jackson on 1/26/18. Text Only Entry (rbjsec. ) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
55

NOTICE of Entry of Appearance by Dana Sichel Katz on behalf of All Plaintiffs Attorney Dana Sichel Katz added to party Ruben Aragon(pty:pla), Attorney Dana Sichel Katz added to party James Bratt(pty:pla), Attorney Dana Sichel Katz added to party Edward Kaneta(pty:pla), Attorney Dana Sichel Katz added to party Aaron Miller(pty:pla), Attorney Dana Sichel Katz added to party George Miller(pty:pla), Attorney Dana Sichel Katz added to party David Poole(pty:pla), Attorney Dana Sichel Katz added to party John Spring(pty:pla), Attorney Dana Sichel Katz added to party Robert Wieghard(pty:pla) (Katz, Dana) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
56

MOTION to Certify Class Approval of Class Representatives and Approval and Appointment of Class Counsel by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Attachments: # 1 Exhibit Declaration of Mark Silverstein, # 2 Exhibit Declaration of Chris P. Beall, # 3 Exhibit I to Declaration of Chris P. Beall, # 4 Exhibit II to Declaration of Chris P. Beall, # 5 Exhibit III to Declaration of Chris P. Beall, # 6 Proposed Order (PDF Only) to the Motion for Class Certification)(Beall, Christopher) (Entered: 02/07/2018)

1 Exhibit Declaration of Mark Silverstein

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2 Exhibit Declaration of Chris P. Beall

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3 Exhibit I to Declaration of Chris P. Beall

View on PACER

4 Exhibit II to Declaration of Chris P. Beall

View on PACER

5 Exhibit III to Declaration of Chris P. Beall

View on PACER

6 Proposed Order (PDF Only) to the Motion for Class Certification

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Feb. 7, 2018

Feb. 7, 2018

PACER
57

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 56 MOTION to Certify Class Approval of Class Representatives and Approval and Appointment of Class Counsel filed by attorneyChristopher P. Beall.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (dkals, ) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
58

RESPONSE to 56 MOTION to Certify Class Approval of Class Representatives and Approval and Appointment of Class Counsel filed by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Attachments: # 1 Exhibit A-1 Affidavit Dr. Cheung, # 2 Exhibit A-2 Evaluation of AASLD Guidelines, # 3 Exhibit A-3 AASLD COI, # 4 Exhibit A-4 Dr. Tiona Deposition)(Gellar, Nicole) (Entered: 02/28/2018)

1 Exhibit A-1 Affidavit Dr. Cheung

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2 Exhibit A-2 Evaluation of AASLD Guidelines

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3 Exhibit A-3 AASLD COI

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4 Exhibit A-4 Dr. Tiona Deposition

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Feb. 28, 2018

Feb. 28, 2018

PACER
59

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 58 Response to Motion, filed by attorneyNicole S. Gellar.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (dkals, ) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
60

REPLY to Response to 56 MOTION to Certify Class Approval of Class Representatives and Approval and Appointment of Class Counsel filed by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
61

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Motion Hearing held on 3/21/2018. 38 Motion to Dismiss and 56 Motion for Class Certification are TAKEN UNDER ADVISEMENT, written order to issue. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
62

TRANSCRIPT of Motions Hearing held on March 21, 2018 before Judge Jackson. Pages: 1-68. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
63

Stipulated MOTION for Protective Order by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Attachments: # 1 Proposed Document Stipulated Protective Order)(Kemp, Jennifer) (Entered: 04/20/2018)

1 Proposed Document Stipulated Protective Order

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April 20, 2018

April 20, 2018

PACER
64

ORDER denying 63 Motion for Protective Order. See practice standards. By Judge R. Brooke Jackson on 4/23/18. Text Only Entry (rbjsec. ) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
65

Joint MOTION for Protective Order (Renewed) by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Attachments: # 1 Proposed Order (PDF Only))(Gellar, Nicole) (Entered: 04/30/2018)

1 Proposed Order (PDF Only)

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April 30, 2018

April 30, 2018

PACER
66

ORDER granting 65 Joint MOTION for Protective Order (Renewed). By Judge R. Brooke Jackson on 5/1/18. Text Only Entry (rbjsec. ) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
67

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 5/1/18. (jdyne, ) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
68

MINUTE ORDER: During the oral argument on the pending motions to dismiss and for class certification on March 26, 2018, counsel for the defendant, in response to a question from the Court, stated, "I think both sides feel that settlement is a possibility; however, there is a pending funding request in front of the Colorado legislature that I think greatly impacts this case, and it's not known if that will be -- make it on to the final long bill at this time. We should know probably in May." ECF No. 62 (transcript) at 2. The Court requests an update by June 8, 2018, on the funding request and how, if at all, prospects for settlement have been affected by that or any other factors. The parties are familiar with the thinking of the AASLD/IDSA and the CDC, as well as decisions that have been issued by courts to date on motions to dismiss and/or for class certification in similar cases in other jurisdictions. A resolution by the parties, perhaps in the form of a consent order that could be issued by the Court, might be something worth considering. by Judge R. Brooke Jackson on 5/25/18. Text Only Entry (jdyne, ) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
69

STATUS REPORT by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, George Miller, David Poole, John Spring, Robert Wieghard. (Attachments: # 1 Exhibit A - AASLD-IDSA Guidance on Incarcerated Patients)(Beall, Christopher) (Entered: 06/06/2018)

1 Exhibit A - AASLD-IDSA Guidance on Incarcerated Patients

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June 6, 2018

June 6, 2018

PACER
70

STATUS REPORT by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Gellar, Nicole) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
71

STIPULATION for Extension of Time to Respond to Defendants' First Set of Written Discovery by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
72

Supplemental STATUS REPORT by Plaintiffs and Request for Status Conference with the Court by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 06/17/2018)

June 17, 2018

June 17, 2018

PACER
73

MINUTE ORDER re: 72 Status Report filed by David Poole, Robert Wieghard, John Spring, Edward Kaneta, James Bratt, George Miller, Ruben Aragon. The Court views this updated status report as, in effect, a motion. As such, please comply with local rule 7.1(a) and then file another motion if necessary. By Judge R. Brooke Jackson on 6/18/18. Text Only Entry (rbjsec. ) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
74

MOTION for Hearing/Conference re 70 Status Report, 69 Status Report, 72 Status Report by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, George Miller, David Poole, John Spring, Robert Wieghard. (Attachments: # 1 Proposed Order (PDF Only))(Beall, Christopher) (Entered: 06/20/2018)

1 Proposed Order (PDF Only)

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June 20, 2018

June 20, 2018

PACER
75

ORDER granting 74 Motion for Hearing/Conference. The Court requests that counsel jointly contact Chambers at Jackson_chambers@cod.uscourts.gov or (303) 844-4694 to schedule a telephonic status conference. By Judge R. Brooke Jackson on 6/21/18. Text Only Entry (rbjsec. ) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
76

MINUTE ORDER: A Telephone Status Conference is set for 6/28/2018 at 3:00 PM in Courtroom A 902 before Judge R. Brooke Jackson. The Court requests that plaintiffs' counsel provide by email dial-in conference line information to both the Court and opposing counsel. By Judge R. Brooke Jackson on 6/25/18. Text Only Entry (rbjsec, ) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
77

Stipulated MOTION to Amend/Correct/Modify 45 Scheduling Order by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Gellar, Nicole) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
78

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Status Conference held on 6/28/2018. 77 Stipulated Motion to Amend Scheduling Order is GRANTED. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
79

MOTION to Withdraw as Attorney by Defendant Rick Raemisch. (Kemp, Jennifer) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
80

ORDER granting 79 Motion to Withdraw as Attorney. Attorney Jennifer Fawn Kemp is withdrawn. By Judge R. Brooke Jackson on 7/3/18. Text Only Entry (rbjsec. ) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
81

NOTICE of Settlement (conditioned on review by Colorado State Claims Board) by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard (Beall, Christopher) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

RECAP
82

ORDER finding as moot 38 Motion to Dismiss. By Judge R. Brooke Jackson on 8/20/18. Text Only Entry (rbjsec. ) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
83

ORDER finding as moot 56 Motion to Certify Class. By Judge R. Brooke Jackson on 8/20/18. Text Only Entry (rbjsec. ) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
84

MINUTE ORDER re: 81 Notice of Settlement. In light of the notice of settlement, the Court orders that the trial preparation conference set September 28, 2018 and the bench trial set November 5, 2018 be vacated. The Court requests that the parties either file their joint motion to request that the case administratively be closed, or file a joint status report by 9/17/2018. By Judge R. Brooke Jackson on 8/20/18. Text Only Entry (rbjsec. ) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
85

Joint STATUS REPORT by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
86

MINUTE ORDER re: 85 Status Report filed by David Poole, George Miller, Ruben Aragon, John Spring, Aaron Miller, Robert Wieghard, Edward Kaneta, James Bratt. The Court requests that the parties either file their joint motion to request that the case administratively be closed, or file another joint status report by 10/17/2018. By Judge R. Brooke Jackson on 9/18/18. Text Only Entry (rbjsec. ) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
87

Joint STATUS REPORT by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
88

MINUTE ORDER re: 87 Joint Status Report. The Court requests that the parties either file their joint motion to request that the case administratively be closed, or file another joint status report by 11/16/18. By Judge R. Brooke Jackson on 10/18/18. Text Only Entry (rbjsec. ) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
89

Joint STATUS REPORT by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Alber, Christopher) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
90

MINUTE ORDER re: 89 Joint Status Report filed by Rishi Ariola-Tirella, Rick Raemisch, Renae Jordan. The Court grants the parties to December 17, 2018 to file a motion to administratively close this case. By Judge R. Brooke Jackson on 11/19/18. Text Only Entry (rbjsec. ) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
91

Joint STATUS REPORT & Motion for extension of time. by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
92

MINUTE ORDER re: 91 Joint Status Report filed by David Poole, George Miller, Ruben Aragon, John Spring, Aaron Miller, Robert Wieghard, Edward Kaneta, James Bratt. The Court grants the parties to 1/17/2019 to file a motion to administratively close this case. By Judge R. Brooke Jackson on 12/18/18. Text Only Entry (rbjsec. ) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
93

Unopposed MOTION to Withdraw as Attorney of record for Plaintiffs by Christopher P. Beall by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Beall, Christopher) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
94

ORDER granting 93 Unopposed MOTION to Withdraw as Attorney of record for Plaintiffs by Christopher P. Beall. Attorney Christopher P. Beall is withdrawn. By Judge R. Brooke Jackson on 1/7/19. Text Only Entry (rbjsec.) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
95

Joint STATUS REPORT and Motion for Extension of Time by Plaintiffs Ruben Aragon, James Bratt, Edward Kaneta, Aaron Miller, George Miller, David Poole, John Spring, Robert Wieghard. (Katz, Dana) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
96

MINUTE ORDER re: 95 Joint Status Report filed by David Poole, George Miller, Ruben Aragon, John Spring, Aaron Miller, Robert Wieghard, Edward Kaneta, James Bratt. The Court grants the parties to February 19, 2019 to file a motion to administratively close this case. By Judge R. Brooke Jackson on 1/25/19. Text Only Entry (rbjsec. ) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
97

Joint STATUS REPORT and Motion for Extension of Time by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Alber, Christopher) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
98

MINUTE ORDER re: 97 Joint Status Report filed by Rishi Ariola-Tirella, Rick Raemisch, Renae Jordan. The Court grants the parties to March 19, 2019 to file a motion to administratively close this case. By Judge R. Brooke Jackson on 2/20/19. Text Only Entry (rbjsec. ) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
99

Joint STATUS REPORT and Motion for Extension by Defendants Rishi Ariola-Tirella, Renae Jordan, Rick Raemisch. (Alber, Christopher) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
100

MINUTE ORDER re: 99 Joint. Status Report filed by Rishi Ariola-Tirella, Rick Raemisch, Renae Jordan. The Court grants the parties to April 22, 2019 to file a motion to administratively close this case, but notes this is getting a bit old. By Judge R. Brooke Jackson on 3/21/19. Text Only Entry (rbjsec. ) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Hepatitis C Treatment in Jails and Prisons

Multi-LexSum (in sample)

Key Dates

Filing Date: July 19, 2017

Closing Date: April 23, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future prisoners in the custody of the Colorado Department of Corrections who have been or who will be diagnosed with chronic Hepatitis C virus, who have at least 24 weeks or more remaining on their sentences and a life expectancy of more than one year, with the exception of prisoners who are already receiving or who have already completed treatment with Direct Acting Anti-Viral medications.

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: Mooted before ruling

Defendants

Colorado Department of Justice, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 175,000

Issues

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Type of Facility:

Government-run