Case: Abu-Jamal v. Wetzel

3:16-cv-02000 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Sept. 30, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 30, 2016, a prisoner at the Mahanoy State Correctional Institute filed this complaint in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff sued the Pennsylvania Department of Corrections (DOC), the Bureau of Health Care Services of the DOC, and members of the Health Bureau Hepatitis C Treatment Committee for injunctive relief under 42 U.S.C. § 1983. The plaintiff first sued these defendants in a separate case in 2015. For the full factual account, see …

On September 30, 2016, a prisoner at the Mahanoy State Correctional Institute filed this complaint in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff sued the Pennsylvania Department of Corrections (DOC), the Bureau of Health Care Services of the DOC, and members of the Health Bureau Hepatitis C Treatment Committee for injunctive relief under 42 U.S.C. § 1983. The plaintiff first sued these defendants in a separate case in 2015. For the full factual account, see Abu-Jamal v. Wetzel . Here, the plaintiff, represented by a criminal defense attorney and the Abolitionist Law Center, sought relief for violations of the Eighth and Fourteenth Amendments. Specifically, he sought a preliminary and permanent injunction ordering the DOC to provide the plaintiff with anti-viral medication to treat his disease. Judge Robert D. Mariani was assigned to the case.

The defendants responded with a motion to dismiss on October 25, 2016. They argued that this case was “a subset” of the first case, so it should have been excluded under the first-filed rule. Second, the defendants argued the plaintiff could not prove Eighth Amendment “deliberate indifference” because other courts had already held monitoring and treatment sufficient.

The plaintiff filed a response brief on November 22, arguing that the rule against duplicative proceedings is narrow and intended to prevent litigation of the same claim in different courts. Here, the two suits arrived before the same court, involved only one common defendant, and addressed different legal issues. On the merits, the plaintiff argued the dispute was more than a “mere disagreement” on proper treatment. Rather, the defendants refused to cure the plaintiff’s hepatitis C for no reason other than the cost of treatment, and the president in other jurisdictions was distinguishable.

The parties agreed a new evidentiary hearing was unnecessary, and the court adopted the factual findings from the 2015 case. On January 3, 2017, the court granted the plaintiff’s motion for a preliminary injunction and denied the motion to dismiss, finding the first-filed rule inapplicable. The court found relief appropriate because the defendants chose, for non-medical reasons, to monitor rather than treat the plaintiff’s condition to the detriment of his health, meaning there was a reasonable likelihood of plaintiff’s success on the merits.

The defendants appealed this decision to the Third Circuit on January 12, 2017 (Appeal Docket No. 17-01156 consolidated with Appeal Docket No. 17-01125) and filed a motion to stay the preliminary injunction. On February 7, the plaintiff filed a motion to hold the defendants in contempt for failure to comply with the injunction. On March 27, the Third Circuit denied the defendant’s motion for a stay pending appeal of the injunction order. Pursuant to the defendant’s motion, the court then dismissed the appeal on April 14. 2017 WL 3160959.

Two days later, the plaintiff underwent sonogram and hepatic elastography testing that revealed his condition had deteriorated to grade 4 liver cirrhosis. As a result, on March 31, 2017, the defendants informed the court that the plaintiff would receive Hepatitis C medication. The defendants confirmed that the plaintiff would begin taking the antiviral drug Harvoni on April 6, and this would continue for twelve consecutive weeks. The court accepted this arrangement, and ordered on April 5 the defendants to file confirmation with the court once treatment began and to regularly communicate with the plaintiff’s counsel. The court held the remaining motions moot.

On May 4, 2017, the parties jointly moved to consolidate this case with the plaintiff’s first suit. The court granted this motion the same day, and the consolidated case has continued under the docket number of the first case. See Abu-Jamal v. Kerestes for an accounting of the subsequent events.

Summary Authors

Erica Lignell (2/16/2019)

Related Cases

Abu-Jamal v. Kerestes, Middle District of Pennsylvania (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4667923/parties/abu-jamal-v-wetzel/


Judge(s)

Mariani, Robert David (Pennsylvania)

Attorneys(s) for Plaintiff

Boyle, Robert (New York)

Grote, Bret D. (Pennsylvania)

Attorneys(s) for Defendant

Foreman, Samuel H. (Pennsylvania)

Goodrich, Caitlin J. (Pennsylvania)

Macus, Maria G (Pennsylvania)

Judge(s)

Mariani, Robert David (Pennsylvania)

Attorneys(s) for Plaintiff

Boyle, Robert (New York)

Grote, Bret D. (Pennsylvania)

Attorneys(s) for Defendant

Foreman, Samuel H. (Pennsylvania)

Goodrich, Caitlin J. (Pennsylvania)

Macus, Maria G (Pennsylvania)

Documents in the Clearinghouse

Document

3:16-cv-02000

Docket [PACER]

Nov. 5, 2018

Nov. 5, 2018

Docket
1

3:16-cv-02000

Complaint

Sept. 30, 2016

Sept. 30, 2016

Complaint
23

3:16-cv-02000

Memorandum Opinion Granting Motion for Preliminary Injunction

Jan. 3, 2017

Jan. 3, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4667923/abu-jamal-v-wetzel/

Last updated Aug. 25, 2022, 3:28 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Correct Care Solutions, Correct Care Solutions Representative, Paul Noel, Joseph Silva, Treating Physician SCI Mahanoy, John Wetzel ( Filing fee $400, Receipt Number 0314-3884471), filed by Mumia Abu-Jamal. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(rm) (Entered: 09/30/2016)

1 Exhibits

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2 Civil Cover Sheet

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Sept. 30, 2016

Sept. 30, 2016

RECAP
2

Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (rm) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
3

LETTER - The above-referenced action has been assigned to me. To ensure that the Case Management Conference is conducted in a timely manner, you are directed to file a written report within thirty (30) days as to whether servicehas been effected or a waiver of service obtained. The report will not be required if an affidavit of service has been filed within that time period. In addition, you are advised to refrain from entering into agreements for extensions of time for filing an answer or other responsive pleading to the complaint without court approval. Signed by Honorable Robert D. Mariani on 9/30/16. (jfg) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER

SPECIAL ADMISSION FORM emailed to Attorney Robert Boyle (lg)

Oct. 3, 2016

Oct. 3, 2016

PACER
4

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robert J. Boyle on behalf of Mumia Abu-Jamal Attorney Robert Boyle is seeking special admission. Filing fee $ 50, receipt number 0314-3887150.. (Boyle, Robert) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
5

Petition for Pro Hac Vice Admission by Mumia Abu-Jamal. 4 Petition for Special Admission - Pro Hac Vice . (Boyle, Robert) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER

DOCKET ANNOTATION: Attorney Robert Boyle is active with the NY state bar. (lh)

Oct. 5, 2016

Oct. 5, 2016

PACER
6

ORDER re 5 Document Filed filed by Mumia Abu-Jamal Special Admission granted for Robert J. Boyle. Signed by Honorable Robert D. Mariani on 10/5/16. (jfg) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
7

MOTION for Preliminary Injunction by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order, # 2 Rule 7.1 Certification, # 3 Certificate of Service)(Boyle, Robert) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
8

BRIEF IN SUPPORT and Exhibits re 7 MOTION for Preliminary Injunction filed by Mumia Abu-Jamal. (Attachments: # 1 Exhibit(s) Ex. 1 hearing day 1, # 2 Exhibit(s) Ex. 2 hearing day 2, # 3 Exhibit(s) Ex. 3 hearing day 3, # 4 Exhibit(s) Ex.4 medical records pre 12-/15, # 5 Exhibit(s) Ex. 5 article, # 6 Exhibit(s) Ex. 6cdc report 5-4-16, # 7 Exhibit(s) Ex. 7 article, # 8 Exhibit(s) Ex. 8 article psoriasis-Hep C, # 9 Exhibit(s) Ex. 9 AASLD Guidelines, # 10 Exhibit(s) Ex. 10 cdc report on Hep C, # 11 Exhibit(s) Ex. 11 VA press release, # 12 Exhibit(s) EX. 12 Declaration of Joseph Harris, # 13 Exhibit(s) Ex. 13 lab reports, # 14 Exhibit(s) Ex. 14 Declaration of Mumia Abu Jamal, # 15 Exhibit(s) Ex. 15 DOC Hep C protocol, # 16 Exhibit(s) Ex. 16 Declaration of Paul Noel, # 17 Exhibit(s) Ex. 17 June 2016 lab report, # 18 Exhibit(s) Ex. 18.1 medical records post June 2015, # 19 Exhibit(s) Ex. 18.2 medical records post June 2015)(Boyle, Robert) (Entered: 10/05/2016)

1 Exhibit(s) Ex. 1 hearing day 1

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2 Exhibit(s) Ex. 2 hearing day 2

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3 Exhibit(s) Ex. 3 hearing day 3

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4 Exhibit(s) Ex.4 medical records pre 12-/15

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5 Exhibit(s) Ex. 5 article

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6 Exhibit(s) Ex. 6cdc report 5-4-16

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7 Exhibit(s) Ex. 7 article

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8 Exhibit(s) Ex. 8 article psoriasis-Hep C

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9 Exhibit(s) Ex. 9 AASLD Guidelines

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10 Exhibit(s) Ex. 10 cdc report on Hep C

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11 Exhibit(s) Ex. 11 VA press release

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12 Exhibit(s) EX. 12 Declaration of Joseph Harris

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13 Exhibit(s) Ex. 13 lab reports

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14 Exhibit(s) Ex. 14 Declaration of Mumia Abu Jamal

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15 Exhibit(s) Ex. 15 DOC Hep C protocol

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16 Exhibit(s) Ex. 16 Declaration of Paul Noel

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17 Exhibit(s) Ex. 17 June 2016 lab report

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18 Exhibit(s) Ex. 18.1 medical records post June 2015

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19 Exhibit(s) Ex. 18.2 medical records post June 2015

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Oct. 5, 2016

Oct. 5, 2016

RECAP
9

Certificate of Service, Brief in Support of Preliminary Injunction by Mumia Abu-Jamal. 8 Brief in Support,,,, 7 MOTION for Preliminary Injunction . (Boyle, Robert) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
10

SUMMONS Returned Executed by Mumia Abu-Jamal. Bureau of Health Care Services Assistant Medical Director served on 10/4/2016, answer due 10/25/2016; Bureau of Health Care Services Infection Control Coordinator served on 10/4/2016, answer due 10/25/2016; Paul Noel served on 10/4/2016, answer due 10/25/2016; Joseph Silva served on 10/4/2016, answer due 10/25/2016; John Wetzel served on 10/4/2016, answer due 10/25/2016. (Grote, Bret) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
11

NOTICE of Appearance by Maria G. Macus on behalf of Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel (Macus, Maria) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
12

MOTION for Extension of Time to File Response to Plaintiff's Motion for a Preliminary Injunction by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Attachments: # 1 Proposed Order)(Macus, Maria) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Attachments: # 1 Proposed Order)(Macus, Maria) (Entered: 10/25/2016)

1 Proposed Order

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Oct. 25, 2016

Oct. 25, 2016

RECAP
14

BRIEF IN OPPOSITION re 12 MOTION for Extension of Time to File Response to Plaintiff's Motion for a Preliminary Injunction filed by Mumia Abu-Jamal.(Boyle, Robert) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
15

CERTIFICATE OF SERVICE by Mumia Abu-Jamal re 14 Brief in Opposition to motion for extension (Boyle, Robert) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
16

ORDER THAT Defendants' Motion (Doc. 12) is GRANTED. Defendants shall file a response to Plaintiffs Motion for a Preliminary Injunction (Doc. 7) on or before November 8,2016.Signed by Honorable Robert D. Mariani on 10/25/16 (jfg) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
17

BRIEF IN SUPPORT re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Attachments: # 1 Appendix)(Macus, Maria) (Entered: 11/08/2016)

1 Appendix

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Nov. 8, 2016

Nov. 8, 2016

RECAP
18

BRIEF IN OPPOSITION re 7 MOTION for Preliminary Injunction filed by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Attachments: # 1 Exhibit(s), # 2 Appendix)(Macus, Maria) (Entered: 11/08/2016)

1 Exhibit(s)

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2 Appendix

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Nov. 8, 2016

Nov. 8, 2016

RECAP
19

BRIEF IN OPPOSITION re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

RECAP
20

REPLY BRIEF re 7 MOTION for Preliminary Injunction filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

RECAP
21

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 12/1/16. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/1/16. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
23

MEMORANDUM OPINION - For the reasons stated above, the Court will grant Plaintiff's motion for a preliminary injunction. A separate Order follows.Signed by Honorable Robert D. Mariani on 1/3/17. (jfg) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

RECAP
24

ORDER 1. Plaintiff's Motion for Preliminary Injunction is GRANTED. 2.Defendants are ENJOINED from enforcing the Hepatitis C Protocol as it pertains to Plaintiff. 3. Defendants shall arrange for the Plaintiff to be seen by a Supervision Physician within 14 days of the date of this order who is experienced in the treatment of Hepatitis Cutilizing the most current medications. 4. Defendants shall ensure that Plaintiff is prescribed and treated with OM medications unless the Supervising Physician determines-in his or her professional and independent medical judgment-that there are medical contraindications to Plaintiff receiving OM medication that render the administration of the medication not medically advisable. 5. Defendants shall provide Plaintiff with DM medication no later than 7 days after the Supervising Physician's determination that there are no contraindications for the administration of DM medications to Plaintiff.Signed by Honorable Robert D. Mariani on 1/3/17. (jfg) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

RECAP
25

ORDER THAT Defendants' Motion to Dismiss, (Doc. 13), is DENIED for the same reasons outlined in this Court's Opinion on Plaintiffs Motion for a Preliminary Injunction, (Doc. 23).Signed by Honorable Robert D. Mariani on 1/3/17. (jfg) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

RECAP
26

NOTICE of Appearance by Samuel H. Foreman on behalf of Correct Care Solutions (Foreman, Samuel) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
27

NOTICE of Appearance by Caitlin J Goodrich on behalf of Correct Care Solutions (Goodrich, Caitlin) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
28

ORDER: Case Management Conference set for 3/9/2017 11:15 AM in Scranton before Honorable Robert D. Mariani.Signed by Honorable Robert D. Mariani on 1/10/17. (jfg) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
29

MOTION to Amend/Correct 23 Memorandum (Order to follow as separate docket entry), 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,, by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Attachments: # 1 Exhibit(s) Declaration of Paul Noel, M.D., # 2 Proposed Order)(Macus, Maria) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
30

MOTION to Stay re 23 Memorandum (Order to follow as separate docket entry), 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,, by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Attachments: # 1 Proposed Order)(Macus, Maria) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
31

NOTICE OF APPEAL in Prisoner Case as to 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,, 25 Order (memorandum filed previously as separate docket entry), Terminate Motions by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. Filing Fee and Docket Fee PAID. Filing fee $ 505, receipt number 0314-3975635. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Macus, Maria) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
32

BRIEF IN OPPOSITION re 30 MOTION to Stay re 23 Memorandum (Order to follow as separate docket entry), 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,, filed by Mumia Abu-Jamal. (Attachments: # 1 Declaration Declaration of Joseph Harris, M.D.)(Boyle, Robert) (Entered: 01/16/2017)

Jan. 16, 2017

Jan. 16, 2017

PACER
33

USCA Case Number 17-1125 for 31 Notice of Appeal,, filed by Bureau of Health Care Services Infection Control Coordinator, Joseph Silva, Paul Noel, Bureau of Health Care Services Assistant Medical Director, John Wetzel. USCA Case Manager James (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (King, James) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
34

MOTION for Extension of Time to File Answer re 1 Complaint, by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Attachments: # 1 Proposed Order)(Macus, Maria) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
35

RESPONSE by Mumia Abu-Jamal to 34 MOTION for Extension of Time to File Answer re 1 Complaint, CONCURRENCE TO MOTION. (Boyle, Robert) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
36

MOTION to Stay, MOTION for Joinder in Co-Defendant's Motion to Stay by Correct Care Solutions. (Attachments: # 1 Proposed Order)(Foreman, Samuel) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
37

NOTICE OF APPEAL in Prisoner Case as to 23 Memorandum (Order to follow as separate docket entry) by Correct Care Solutions. Filing Fee and Docket Fee PAID. Filing fee $ 505, receipt number 0314-3979232. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Exhibit(s))(Foreman, Samuel) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
38

MOTION to Amend/Correct 23 Memorandum (Order to follow as separate docket entry) by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order)(Boyle, Robert) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
39

BRIEF IN SUPPORT re 38 MOTION to Amend/Correct 23 Memorandum (Order to follow as separate docket entry) filed by Mumia Abu-Jamal.(Boyle, Robert) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
40

BRIEF IN OPPOSITION re 36 MOTION to Stay MOTION for Joinder in Co-Defendant's Motion to Stay filed by Mumia Abu-Jamal.(Boyle, Robert) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
41

MOTION for Extension of Time to File Answer re 1 Complaint, Motion for Enlargement of Time to File Response to Plaintiff's Complaint by Correct Care Solutions.(Goodrich, Caitlin) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
42

USCA Case Number 17-1156 for 37 Notice of Appeal, filed by Correct Care Solutions. USCA Case Manager James (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (King, James) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
43

ORDER of USCA as to 37 Notice of Appeal, filed by Correct Care Solutions. Appeal stayed in USCA pending post-decision motion in District Court. (King, James) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP
44

ORDER granting 41 Motion for Extension of Time to Answer Complaint. DOC Defts' answer to Complaint is due no later than 14 days after the resolution of Defts' Motion to Amend Findings of Fact, or for Reconsideration, or if an appeal is ultimately pursued, 14 days after the resolution of Defts' appeal of this Court's Order granting the preliminary injunction. Signed by Honorable Robert D. Mariani on 1/24/2017 (rm) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
45

Amended MOTION for Extension of Time to to Respond to Plaintiff's Complaint by Correct Care Solutions. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Foreman, Samuel) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
46

ORDER THAT Defendant's Motion, (Doc. 45) is GRANTED. Defendant Correct Care Solutions' answer to Plaintiffs Complaint, (Doc. 1), is due no later than fourteen (14) days after the resolution of DOC Defendants' Motion to Amend Findings of Fact or, in the alternative, for Reconsideration, (Doc. 29), or, if an appeal is ultimately pursued, fourteen (14) days after the resolution of DOC Defendants' appeal of this Court's Order granting the preliminary injunction. IT IS FURTHER ORDERED THAT Defendant Correct Care Solutions' Motion for Enlargement of Time to File a Response to Plaintiff's Complaint, (Doc. 41), is DISMISSED AS MOOT.Signed by Honorable Robert D. Mariani on 1/25/17 (jfg) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
47

BRIEF IN SUPPORT re 29 MOTION to Amend/Correct 23 Memorandum (Order to follow as separate docket entry), 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,, filed by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel.(Macus, Maria) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
48

BRIEF IN SUPPORT re 30 MOTION to Stay re 23 Memorandum (Order to follow as separate docket entry), 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,, filed by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel.(Macus, Maria) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
49

MOTION for Joinder in Certain Filings of Co-Defendants, at Docket Numbers 29, 47, and 48 by Correct Care Solutions. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Foreman, Samuel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
50

ORDER granting 49 Motion for Joinder - Deft Correct Care Solutions will be deemed to have filed certain filings [29, 47, 48] jointly with its co-defendants. Signed by Honorable Robert D. Mariani on 1/30/2017 (rm) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
51

BRIEF IN OPPOSITION re 29 MOTION to Amend/Correct 23 Memorandum (Order to follow as separate docket entry), 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,, filed by Mumia Abu-Jamal. (Attachments: # 1 Exhibit(s) Appeal Decision)(Boyle, Robert) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
52

AMENDED DOCUMENT by Mumia Abu-Jamal. Amendment to 32 Brief in Opposition, to Motion to Stay Injunction. (Attachments: # 1 Exhibit(s) Appeal Decision, # 2 Declaration Declaration of Joseph Harris, # 3 cover letter)(Boyle, Robert) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
53

MOTION for Contempt by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order, # 2 Exhibit(s))(Grote, Bret) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
54

BRIEF IN SUPPORT re 53 MOTION for Contempt filed by Mumia Abu-Jamal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Grote, Bret) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
55

BRIEF IN OPPOSITION re 53 MOTION for Contempt filed by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel.(Macus, Maria) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
56

REPLY BRIEF re 53 MOTION for Contempt filed by Mumia Abu-Jamal.(Grote, Bret) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
57

ORDER:THAT the Case Management Conference in this matter, currently scheduled to be held on March 9. 2017, is RESCHEDULED and shall be held on Tuesday, April 18, 2017, at 11:15a.m. All other directives set forth in the Court's prior scheduling Order, (Doc. 28), remain unchanged. Signed by Honorable Robert D. Mariani on 2/24/17. (jfg) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
58

Supplement by Mumia Abu-Jamal. to 30 MOTION to Stay re 23 Memorandum (Order to follow as separate docket entry), 24 Order (memorandum filed previously as separate docket entry), Terminate Motions,,,,,,,,, 53 MOTION for Contempt, 36 MOTION to Stay MOTION for Joinder in Co-Defendant's Motion to Stay Rule 7.36 Supplemental Authority. (Attachments: # 1 Exhibit(s))(Boyle, Robert) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
59

STATUS REPORT by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Macus, Maria) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
60

ORDER: Telephone Status Conference set for 4/5/2017 at 02:30 AM in Scranton before Honorable Robert D. Mariani. Pltf's Counsel is responsible for arranging the call. Signed by Honorable Robert D. Mariani on 3/31/2017. (rm) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
61

STATUS REPORT by Mumia Abu-Jamal. (Attachments: # 1 Exhibit(s) elastography report, # 2 Exhibit(s) sonogram report)(Boyle, Robert) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
62

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 4/5/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 4/5/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
63

ORDER 1. In accordance with the Court's prior Order, (Doc. 23), granting preliminary injunctive relief for the Plaintiff, Plaintiff will be administered the direct-acting antiviral agent Harvoni beginning Thursday, April 6, 2017, and that such treatment will continue for aperiod of twelve consecutive weeks; 2. DOC counsel will file with the Court no later than Monday, April 10, 2017, confirmation that the Plaintiffs treatment with Harvoni has commenced; 3. Plaintiff will be tested to confirm the efficaciousness of the treatment, which test will be administered twelve weeks after the completion after the twelve week period during which the Plaintiff will be administered Harvoni. 4.Counsel for the DOC Defendants will regularly communicate with Plaintiffs counsel for the purpose of advising them as to the progress of the Plaintiffs treatment and to respond to any requests for information regarding that treatment. 5. Defendants' Motion to Amend Finding of Facts or in the Alternative for Reconsideration, (Doc. 29), is DISMISSED AS MOOT. 6. DOC Defendants' Motion to Stay the preliminary injunction, (Doc. 30), isDISMISSED AS MOOT. 7. Correct Care Solutions' Motion to Stay the preliminary injunction, (Doc. 36), is DISMISSED AS MOOT. 8. Plaintiffs Motion to Amend/Correct, (Doc. 38), is DISMISSED AS MOOT. 9. Plaintiffs Motion for Contempt, (Doc. 53), will be held in abeyance pending confirmation of completion of Plaintiffs treatment with Harvoni as outline herein.Signed by Honorable Robert D. Mariani on 4/5/17 (jfg) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
65

STATUS REPORT in Compliance with April 5, 2017 Order by Bureau of Health Care Services Assistant Medical Director, Bureau of Health Care Services Infection Control Coordinator, Paul Noel, Joseph Silva, John Wetzel. (Macus, Maria) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
66

CERTIFIED ORDER of USCA in lieu of formal MANDATE as to 31 Notice of Appeal,, filed by Bureau of Health Care Services Infection Control Coordinator, Joseph Silva, Paul Noel, Bureau of Health Care Services Assistant Medical Director, John Wetzel. Order dismissed in USCA pursuant to Fed. R. App. P. 42(b). (King, James) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
67

CERTIFIED ORDER of USCA in lieu of formal MANDATE as to 37 Notice of Appeal, filed by Correct Care Solutions. Appeal dismissed pursuant to Fed. R. App. P. 42(b). (King, James) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
68

ORDER THAT in lieu of the case management conference currently scheduled for Tuesday, April 18, 2017, at 11:15 a.m. in Abu-Jamal v. Wetzel, astatus conference will be held on Tuesday, April 18, 2017, at 11:15 a.m. to discussed the procedural posture of both Abu-Jamal cases in light of the overlapping issues of law and fact. by Honorable Robert D. Mariani on 4/17/17. (jfg) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
73

Letter from Ronald DeMeco requesting copies. (lh) Modified on 10/18/2018 (jam). (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

69

COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Case Management Conference before Judge Mariani on 4/18/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 4/18/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
74

Letter from Bienvenido Rodriguez, Jr. requesting copies of documents in this case. (lh) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

71

Joint MOTION to Consolidate Cases by Mumia Abu-Jamal. (Attachments: # 1 Proposed Order)(Boyle, Robert) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
72

ORDER granting 71 Motion to Consolidate Cases. All proceedings and orders previously filed in case 16-cv-2000 shall remain in effect but be consolidated into case 15-cv-967. Going forward all filings shall be filed under Index Number 15-cv-967.Signed by Honorable Robert D. Mariani on 5/4/17 (lh) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoner in Pennsylvania suffering from medical health issues.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Abolitionist Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Recordkeeping

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Skin Infections

Type of Facility:

Government-run