Case: Sclafani v. Mici

1:19-cv-12550 | U.S. District Court for the District of Massachusetts

Filed Date: Dec. 19, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 19, 2019, three plaintiffs who were incarcerated in Massachusetts filed a lawsuit in the U.S. District Court for the District of Massachusetts alleging discriminatory denial of adequate medical care. Their complaint asserted that this denial violated the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.) and the Eighth Amendment to the U.S. Constitution. The American Civil Liberties Union of Massachusetts represented the plaintiffs in conjunction with private counsel. The …

On December 19, 2019, three plaintiffs who were incarcerated in Massachusetts filed a lawsuit in the U.S. District Court for the District of Massachusetts alleging discriminatory denial of adequate medical care. Their complaint asserted that this denial violated the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.) and the Eighth Amendment to the U.S. Constitution. The American Civil Liberties Union of Massachusetts represented the plaintiffs in conjunction with private counsel. The defendants were the Commissioner of the Massachusetts Department of Correction, the Superintendents of MCI Cedar Junction, and the Superintendent of MCI Norfolk in their official capacities. The case was assigned to Judge Leo T. Sorokin.

Prior to incarceration, the plaintiffs had each been in treatment for Opioid Use Disorder and had been prescribed buprenorphine as part of Medication-Assisted Treatment plans. Blanket policies in the Massachusetts Department of Correction automatically reduced prisoners’ buprenorphine dose to no more than 8 mg per day and forcibly removed individuals from buprenorphine after 90 days. Because of this policy, each of the plaintiffs had their treatment plans significantly altered and prematurely ended. They sought injunctive relief, declaratory judgement against the Massachusetts Department of Correction's policy, and attorney’s fees.

On February 27, 2020, the parties entered into a settlement agreement. The settlement included 11 components:

1) Defendants must provide plaintiffs with the proper dose of buprenorphine consistent with an individualized treatment plan prescribed by a specialist;

2) Defendants must inform plaintiffs' counsel of a decrease in buprenorphine dosage within 48 hours;

3) Defendants will provide buprenorphine based on each plaintiff's individual need rather than a blanket policy;

4) Defendants must provide medical documentation to the plaintiffs regarding any decrease in their buprenorphine dosage;

5) Defendants will house the plaintiffs in units consistent with their custody levels;

6) One individual plaintiff would be entitled to reclassification review upon implementation of a buprenorphine maintenance treatment plan;

7) Defendants will allow that individual plaintiff access to work placements and programming while participating in his rehabilitation program;

8) Defendants will ensure that the plaintiffs' buprenorphine maintenance programs do not interfere with their access to services, programs, or activities;

9) The parties will file a joint motion to dismiss after execution of the settlement, allowing the court to retain jurisdiction until December 31, 2020;

10) Each party will bear its own attorney's fees and other costs; and

11) Modification of the agreement must be mutually agreed to in writing.

The parties filed a joint motion to dismiss on February 28, 2020, with the court to retain jurisdiction until December 31, 2020, when the settlement was set to expire.

Summary Authors

Alex Moody (3/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16611109/parties/sclafani-v-mici/


Judge(s)

Sorokin, Leo Theodore (Massachusetts)

Attorneys(s) for Plaintiff

Armellino, Christine (New York)

Frederickson, Robert III (Massachusetts)

Levy, Ira J. (New York)

McCready, Laura K. (Massachusetts)

Rossman, Jessie J. (Massachusetts)

Sanchez, Marielle E. (Massachusetts)

Segal, Matthew (Massachusetts)

Valenti, Alexandra D. (New York)

Zalcenstein, Aviv A. (New York)

Judge(s)

Sorokin, Leo Theodore (Massachusetts)

Attorneys(s) for Plaintiff

Armellino, Christine (New York)

Frederickson, Robert III (Massachusetts)

Levy, Ira J. (New York)

McCready, Laura K. (Massachusetts)

Rossman, Jessie J. (Massachusetts)

Sanchez, Marielle E. (Massachusetts)

Segal, Matthew (Massachusetts)

Valenti, Alexandra D. (New York)

Zalcenstein, Aviv A. (New York)

Attorneys(s) for Defendant

Silva, Philip W. IV (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

March 4, 2020 Docket
1

Complaint

Dec. 19, 2019 Complaint

Settlement Agreement

Feb. 27, 2020 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16611109/sclafani-v-mici/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT and Request for Emergency Injunctive Relief against Steve Silva, Carol A. Mici, Douglas DeMoura Filing fee: $ 400, receipt number 0101-8023213 (Fee Status: Filing Fee paid), filed by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(Frederickson, Robert) (Entered: 12/19/2019)

1 Civil Cover Sheet

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2 Category Sheet

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Dec. 19, 2019 RECAP
2

NOTICE of Appearance by Robert Frederickson, III on behalf of Bret Cappola, Michael Feinstein, Joseph Scalfani (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
3

NOTICE of Appearance by Marielle E. Sanchez on behalf of Bret Cappola, Michael Feinstein, Joseph Scalfani (Sanchez, Marielle) (Entered: 12/19/2019)

Dec. 19, 2019 PACER
4

MOTION for Leave to Appear Pro Hac Vice for admission of Ira J. Levy Filing fee: $ 100, receipt number 0101-8023220 by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit A- Certificate of Ira J. Levy)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit A- Certificate of Ira J. Levy

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Dec. 19, 2019 PACER
5

MOTION for Leave to Appear Pro Hac Vice for admission of Alexandra D. Valenti Filing fee: $ 100, receipt number 0101-8023221 by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit A - Certificate of Alexandra D. Valenti)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit A - Certificate of Alexandra D. Valenti

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Dec. 19, 2019 PACER
6

MOTION for Leave to Appear Pro Hac Vice for admission of Aviv A. Zalcenstein Filing fee: $ 100, receipt number 0101-8023224 by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit A - Certificate of Aviv A. Zalcenstein)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit A - Certificate of Aviv A. Zalcenstein

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Dec. 19, 2019 PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Christine Armellino Filing fee: $ 100, receipt number 0101-8023227 by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit A - Certificate of Christine Armellino)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit A - Certificate of Christine Armellino

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Dec. 19, 2019 PACER
8

MOTION for Leave to Appear Pro Hac Vice for admission of Laura A. McCready Filing fee: $ 100, receipt number 0101-8023231 by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit A- Certificate of Laura K. McCready)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit A- Certificate of Laura K. McCready

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Dec. 19, 2019 PACER
9

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order ( Responses due by 1/2/2020) by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Text of Proposed Order)(Frederickson, Robert) (Entered: 12/19/2019)

1 Text of Proposed Order

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Dec. 19, 2019 RECAP
10

MEMORANDUM in Support re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
11

MOTION to Seal Exhibits 7-9 to the Declaration of Robert Frederickson III by Bret Cappola, Michael Feinstein, Joseph Scalfani.(Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
12

DECLARATION of Robert Frederickson, III in Support of 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 - Filed Under Seal, # 8 Exhibit 8 - Filed Under Seal, # 9 Exhibit 9 - Filed Under Seal, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Frederickson, Robert) Modified on 12/20/2019 (Montes, Mariliz). (Additional attachment(s) added on 12/20/2019: # 13 Exhibit 7 filed under seal, # 14 Exhibit 8 filed under seal, # 15 Exhibit 9 filed under seal) (Montes, Mariliz). (Entered: 12/19/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7 - Filed Under Seal

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8 Exhibit 8 - Filed Under Seal

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9 Exhibit 9 - Filed Under Seal

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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Dec. 19, 2019 RECAP
13

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Joseph Sclafani by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
14

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Melissa Sclafani by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
15

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Yvonne Smikle by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit 1)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit 1

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Dec. 19, 2019 RECAP
16

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Michael Feinstein by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
17

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Peter Feinstein by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
18

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Theresa Maria Damien by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
19

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Bret A. Cappola by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
20

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Deborah Cappola by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
21

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Ruth A. Potee by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6-1, # 7 Exhibit 6-2, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6-1

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7 Exhibit 6-2

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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Dec. 19, 2019 RECAP
22

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Alexander Yale Walley by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit 1)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit 1

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Dec. 19, 2019 RECAP
23

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Andrew J. Consoli by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
24

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Jonathan Howlett by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Attachments: # 1 Exhibit 1)(Frederickson, Robert) (Entered: 12/19/2019)

1 Exhibit 1

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Dec. 19, 2019 RECAP
25

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Peter Wallace by Bret Cappola, Michael Feinstein, Joseph Scalfani. (Frederickson, Robert) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP
26

NOTICE of Appearance by Matthew Segal on behalf of Bret Cappola, Michael Feinstein, Joseph Scalfani (Segal, Matthew) (Entered: 12/19/2019)

Dec. 19, 2019 PACER
27

NOTICE of Appearance by Jessie J. Rossman on behalf of Bret Cappola, Michael Feinstein, Joseph Scalfani (Rossman, Jessie) (Entered: 12/19/2019)

Dec. 19, 2019 PACER
28

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris) (Entered: 12/20/2019)

Dec. 20, 2019 PACER

Order on Motion for Leave to Appear

Dec. 20, 2019 PACER

Order on Motion to Seal

Dec. 20, 2019 PACER
29

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas) (Main Document 29 replaced on 12/20/2019) (Montes, Mariliz). Modified on 12/20/2019 to correct spelling of plaintiff's last name(Montes, Mariliz). (Entered: 12/20/2019)

Dec. 20, 2019 PACER
30

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added Ira J. Levy. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
31

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added Alexandra D. Valenti. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
32

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice Added Aviv A. Zalcenstein. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
33

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Laura K. McCready. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
34

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice Added Christine Armellino. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
35

Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING 11 Motion to Seal Exhibits 7-9 to the Declaration of Robert Frederickson III. (Kelly, Danielle) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
36

ELECTRONIC ORDER: Setting hearing on Motion for a Temporary Restraining Order 9 on December 23, 2019, at 2:00 p.m., in courtroom 9 before Judge Indira Talwani. Plaintiffs' counsel shall promptly serve by e-mail a copy of this electronic order, the Complaint, the Motion, and all filings made in support of the Motion on counsel for the Defendants, and shall file a certificate of such service. (Kelly, Danielle) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
37

ELECTRONIC NOTICE issued requesting courtesy copy for 18 Declaration, 17 Declaration, 12 Declaration, 19 Declaration, 21 Declaration,, 10 Memorandum in Support of Motion, 14 Declaration, 20 Declaration, 23 Declaration, 16 Declaration, 25 Declaration, 13 Declaration, 22 Declaration, 24 Declaration, 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, 15 Declaration,. Counsel who filed these documents are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Today December 20, 2019 by end of business day. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (Kelly, Danielle) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
38

NOTICE by Bret Cappola, Michael Feinstein, Joseph Sclafani re 18 Declaration, 17 Declaration, 1 Complaint, 21 Declaration,, 14 Declaration, 16 Declaration, 13 Declaration, 22 Declaration, 24 Declaration, 12 Declaration,,, 19 Declaration, 10 Memorandum in Support of Motion, 20 Declaration, 23 Declaration, 25 Declaration, 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, 15 Declaration, 37 Notice requesting courtesy copy,,, (Proof of Service) (Valenti, Alexandra) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
39

DECLARATION re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Supplemental Declaration of Joseph Sclafani) by Bret Cappola, Michael Feinstein, Joseph Sclafani. (Valenti, Alexandra) (Entered: 12/23/2019)

Dec. 23, 2019 PACER

Order

Dec. 23, 2019 PACER
40

MEMORANDUM in Opposition re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Douglas DeMoura, Carol A. Mici, Steve Silva. (Attachments: # 1 Exhibit Exhibit A in Support, # 2 Affidavit Affidavit of Hockert-Lotz, # 3 Affidavit Affidavit of Descoteaux)(Silva, Philip) (Entered: 12/23/2019)

1 Exhibit Exhibit A in Support

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2 Affidavit Affidavit of Hockert-Lotz

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3 Affidavit Affidavit of Descoteaux

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Dec. 23, 2019 RECAP
41

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 12/23/2019 re 9 MOTION for Temporary Restraining Order filed by Michael Feinstein, Bret Cappola, Joseph Sclafani. Case called. Court heard argument on the TRO from counsel. Def. allowed to file further opposition; due 1/9/20. Hearing on the PI to be set for 1/16/20 at 2:30PM before Judge Sorokin. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Valenti Levy, Rossman, Segal, Silver (to enter an appearance)) (MacDonald, Gail) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
42

ELECTRONIC NOTICE Setting Hearing on Motion 9 MOTION for Preliminary Injunction : Motion Hearing set for 1/16/2020 02:30 PM in Courtroom 13 before District Judge Leo T. Sorokin. (MacDonald, Gail) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
43

Judge Indira Talwani: ELECTRONIC ORDER entered on Plaintiffs motion for a Preliminary Injunction and Temporary Restraining Order 12 . At the TRO hearing, Defendants counsel represented that until this matter may be heard before Judge Sorokin on the preliminary injunction motion, 1) Defendants will not transfer Plaintiffs Feinstein or Cappola to a facility without medication-assisted treatment; 2) Plaintiffs Feinstein and Cappola will have the option to remain on their current medication-assisted treatment unless medically contraindicated; 3) Plaintiff Sclafani will have the option to restart medication-assisted treatment either at MCI-Norfolk or another correctional facility with the ability to provide this treatment (with induction protocol beginning no later than 12/24) unless treatment is medically contraindicated; and 4) in the case of a medical contraindication or other change in circumstance, Defendants counsel will provide immediate notice and an explanation to Plaintiffs counsel. In light of these representations, Plaintiffs request for Temporary Restraining Order is DENIED WITHOUT PREJUDICE TO RENEW.(Talwani, Indira) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
44

Transcript of Hearing on Motion for Temporary Restraining Order held on December 23, 2019, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com Redaction Request due 1/21/2020. Redacted Transcript Deadline set for 1/30/2020. Release of Transcript Restriction set for 3/30/2020. (Scalfani, Deborah) (Entered: 12/30/2019)

Dec. 30, 2019 PACER
45

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 12/30/2019)

Dec. 30, 2019 PACER
46

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Unless the parties propose otherwise, any supplemental filing from the Plaintiffs shall be filed by Thursday, January 9, 2020 and any further responsive supplemental filing from the defendants shall be filed by Monday, January 13, 2020. If either party seeks an evidentiary hearing on January 16th, the party shall notify the Court, after conferral, by Tuesday, January 14th of the nature of the evidence it seeks to adduce (including the identities of any witnesses).Set Deadlines as to plaintiffs' supplemental due by 1/9/2020, defendants' suplemental due by 1/13/2020.(Montes, Mariliz) (Entered: 01/06/2020)

Jan. 6, 2020 PACER

~Util - Set Motion and R&R Deadlines/Hearings

Jan. 6, 2020 PACER

Order

Jan. 6, 2020 PACER
47

STIPULATION and Joint Request to Stay Preliminary Injunction Proceedings by Bret Cappola, Michael Feinstein, Joseph Sclafani. (Valenti, Alexandra) (Entered: 01/10/2020)

Jan. 10, 2020 RECAP

1 - Terminate Deadlines and Hearings

Jan. 10, 2020 PACER

Order

Jan. 10, 2020 PACER
48

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.In light of the stipulation and joint request to stay (#47), the Court hereby VACATES the schedule for briefing on the motion for injunctive relief, CANCELS the hearing on the motion for injunctive relief and directs the parties to file, as proposed, a joint status report by February 14, 2020. (Montes, Mariliz) (Entered: 01/10/2020)

Jan. 10, 2020 PACER
49

ELECTRONIC NOTICE Canceling Hearing. The Motion Hearing on Motion for Preliminary Injunction currently scheduled for 1/16/2020 is CANCELLED. (Montes, Mariliz) (Entered: 01/10/2020)

Jan. 10, 2020 PACER
50

Set Deadlines: Joint Status Report due by 2/14/2020. (Montes, Mariliz) (Entered: 01/10/2020)

Jan. 10, 2020 PACER
51

STATUS REPORT filed jointly by all parties by Bret Cappola, Michael Feinstein, Joseph Sclafani. (Valenti, Alexandra) (Entered: 02/14/2020)

Feb. 14, 2020 RECAP
52

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Allowed. Status Report due by 2/21/2020. re 51 Status Report filed by Michael Feinstein, Bret Cappola, Joseph Sclafani (Simeone, Maria) (Entered: 02/18/2020)

Feb. 18, 2020 PACER

~Util - Set Deadlines

Feb. 18, 2020 PACER

Order

Feb. 18, 2020 PACER
53

STATUS REPORT filed jointly by all parties by Bret Cappola, Michael Feinstein, Joseph Sclafani. (Valenti, Alexandra) (Entered: 02/21/2020)

Feb. 21, 2020 PACER
54

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Allowed. ( Status Report due by 2/28/2020) re 53 Status Report filed by Michael Feinstein, Bret Cappola, Joseph Sclafani,(Simeone, Maria) (Entered: 02/24/2020)

Feb. 24, 2020 PACER

~Util - Set Deadlines

Feb. 24, 2020 PACER

Order

Feb. 24, 2020 PACER
55

Joint MOTION to Dismiss and Notice of Settlement by Bret Cappola, Michael Feinstein, Joseph Sclafani.(Valenti, Alexandra) (Entered: 02/28/2020)

Feb. 28, 2020 RECAP

Order on Motion to Dismiss

Feb. 28, 2020 PACER
56

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 55 Motion to Dismiss Douglas DeMoura, in his official capacity as Superintendent of MCI-Cedar Junction; and Steve Silva, in his official capacity as Superintendent of MCI-Norfolk (Simeone, Maria) (Entered: 02/28/2020)

Feb. 28, 2020 PACER
57

District Judge Leo T. Sorokin: 90 DAY SETTLEMENT ORDER OF DISMISSAL and closing order entered. (Simeone, Maria) (Entered: 03/04/2020)

March 4, 2020 PACER

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 19, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three prisoners currently incarcerated in Massachusetts who had begun medication-assisted treatment before beginning their sentences.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Department of Correction (Walpole , Norfolk), State

Massachusetts Department of Correction (Norfolk , Norfolk), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $0

Order Duration: 2020 - None

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Opioid disorder/medication

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run