Civil Rights Litigation Clearinghouse

Case: Crews v. Sawyer

2:19-cv-02541 | U.S. District Court for the District of Kansas

Filed Date: Sept. 6, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 6, 2019, the plaintiff, an individual incarcerated at the Leavenworth prison facility, filed a complaint and an emergency motion for a temporary restraining order in the District Court for the District of Kansas against the Federal Bureau of Prisons (BOP) seeking emergency, temporary, and permanent injunctive relief from a prison policy that forbade prescription of anti-opioid medical treatment to inmates. The plaintiff was represented by attorneys from the American Civil Liberties…

Specifically, the plaintiff alleged that the prison's policy of withholding medical addiction treatment (MAT) violated the Eighth Amendment's cruel and unusual punishment clause. The plaintiff described that he had not been using opioids for 15 months since his initial prescription of MAT, but if treatment was discontinued, he would experience an increased likelihood of relapse, painful withdrawals, and possible death. He also alleged that drug addiction was a disability requiring treatment under the Rehabilitation Act 27 U.S.C. 794(a). Finally, he also alleged that, as a federal facility, any of the prison's final decisions were subject to review under the Administrative Procedure Act and claimed that withholding treatment in this manner is arbitrary and capricious or not in accordance with law (5 U.S.C. 706(2)(a)). The plaintiff sought relief under the Declaratory Judgment Act, 28 U.S.C. 2201.

The plaintiff withdrew his motion for a temporary restraining order on September 11, 2019, saying that the "parties had reached a resolution in the matter." Further discovery and motions showed that the Bureau of Prisons issued interim guidance to prescribe MAT when medically appropriate, and conducted telemedicine conferences to get the plaintiff a prescription for MAT for as long as is medically necessary during his stay in Leavenworth.

Once this administrative change was made, the BOP filed a motion to dismiss on January 17, 2020, saying that the allegations in the complaint were now moot with the new policy in place. The plaintiff contested this claim, writing in a motion that the injury remains because interim guidance is no guarantee that he would get MAT through his stay and alleging that BOP staff had threatened that his medication would be taken away.

In a ruling dated March 31, 2020 (2020 WL 1528502), Judge John W. Broomes approved the defendant's motion to dismiss, and dismissed the case without prejudice, saying that the claims in the complaint were rendered moot by the BOP interim guidance. He wrote that the interim guidance was appropriate, and that the plaintiff only asked for injunctive relief, which is no longer necessary with the guidance in place.

The case was closed and no appeal has yet been filed.

show full summary

Summary Authors

Ellen Aldin (5/21/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16166443/parties/crews-v-hawk-sawyer/

Judge(s)

Broomes, John Wesley None (Kansas)

Attorneys(s) for Plaintiff

Bonds, Lauren (Kansas)

Rothert, Anthony [Tony] E. (Missouri)

Shroff, Zal Kotval (Kansas)

Steffan, Jessie (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Allman, Christopher (Kansas)

Clark, Bryan C (Kansas)

Judge(s)

Broomes, John Wesley None (Kansas)

Attorneys(s) for Plaintiff

Bonds, Lauren (Kansas)

Rothert, Anthony [Tony] E. (Missouri)

Shroff, Zal Kotval (Kansas)

Steffan, Jessie (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Allman, Christopher (Kansas)

Clark, Bryan C (Kansas)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
	Docket [PACER]	March 31, 2020	Docket
1	Complaint and Request for Emergency Injunctive Relief	Sept. 6, 2019	Complaint
14	First Amended Complaint and Request for Emergency Injunctive Relief	Sept. 7, 2019	Complaint
54	Memorandum and Order 2020 WL 1528502	March 31, 2020	Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16166443/crews-v-hawk-sawyer/

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

ECF Number	Description	Date	Link
	Notice of Judge Assignment	Sept. 6, 2019	PACER
	Notice of Deficiency	Sept. 6, 2019	PACER
1	COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4914804.), filed by Leaman Crews.(Bonds, Lauren) (Entered: 09/06/2019)	Sept. 6, 2019	RECAP
2	MOTION for Temporary Restraining Order by Plaintiff Leaman Crews (Bonds, Lauren) (Entered: 09/06/2019)	Sept. 6, 2019	RECAP
3	MEMORANDUM IN SUPPORT of 2 MOTION for Temporary Restraining Order by Plaintiff Leaman Crews (Attachments: # 1 Exhibit BOP Program Statement, # 2 Exhibit BOP Health Services National Formulary, # 3 Exhibit US DOJ Letter)(Shroff, Zal) (Entered: 09/06/2019) 1 Exhibit BOP Program Statement View on PACER 2 Exhibit BOP Health Services National Formulary View on PACER 3 Exhibit US DOJ Letter View on PACER	Sept. 6, 2019	PACER
4	AFFIDAVIT of Dr. Ross MacDonald re 2 MOTION for Temporary Restraining Order by Plaintiff Leaman Crews (Attachments: # 1 Exhibit MacDonald Curriculum Vitae, # 2 Exhibit Opioid Substitution Therapy Article, # 3 Exhibit SAMHSA Paper, # 4 Exhibit BOP Guidance re Detoxification, # 5 Exhibit Opioid Substitution Therapy Article, # 6 Exhibit Release from Prison Article, # 7 Exhibit Methadone Continuation Article, # 8 Exhibit Opioid Treatment in Prison Article, # 9 Exhibit Study re Post-Incarceration Fatal Overdose, # 10 Exhibit Study re Medication for OUD, # 11 Exhibit Article re Opioid Substitution Treatment, # 12 Exhibit Article re mortality risk after MAT, # 13 Exhibit Medical Records for Mr. Crews)(Shroff, Zal) (Entered: 09/06/2019) 1 Exhibit MacDonald Curriculum Vitae View on PACER 2 Exhibit Opioid Substitution Therapy Article View on PACER 3 Exhibit SAMHSA Paper View on PACER 4 Exhibit BOP Guidance re Detoxification View on PACER 5 Exhibit Opioid Substitution Therapy Article View on PACER 6 Exhibit Release from Prison Article View on PACER 7 Exhibit Methadone Continuation Article View on PACER 8 Exhibit Opioid Treatment in Prison Article View on PACER 9 Exhibit Study re Post-Incarceration Fatal Overdose View on PACER 10 Exhibit Study re Medication for OUD View on PACER 11 Exhibit Article re Opioid Substitution Treatment View on PACER 12 Exhibit Article re mortality risk after MAT View on PACER 13 Exhibit Medical Records for Mr. Crews View on RECAP	Sept. 6, 2019	PACER
	NOTICE OF DEFICIENCY - Civil cover sheet is missing. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)	Sept. 6, 2019	PACER
5	AFFIDAVIT of Dr. Laurel Witt re 2 MOTION for Temporary Restraining Order by Plaintiff Leaman Crews (Attachments: # 1 Exhibit Dr. Witt Curriculum Vitae, # 2 Exhibit DSM-5 Excerpts, # 3 Exhibit Article re Opioid Abuse in Chronic Pain, # 4 Exhibit Risk Factors for Proscribed Opioids Abuse Article, # 5 Exhibit SG's Report on Addiction, # 6 Exhibit SAMHSA Medications for OUD)(Shroff, Zal) (Entered: 09/06/2019) 1 Exhibit Dr. Witt Curriculum Vitae View on PACER 2 Exhibit DSM-5 Excerpts View on PACER 3 Exhibit Article re Opioid Abuse in Chronic Pain View on PACER 4 Exhibit Risk Factors for Proscribed Opioids Abuse Article View on PACER 5 Exhibit SG's Report on Addiction View on PACER 6 Exhibit SAMHSA Medications for OUD View on PACER	Sept. 6, 2019	PACER
6	CIVIL COVER SHEET by Plaintiff Leaman Crews. (Bonds, Lauren) (Entered: 09/06/2019)	Sept. 6, 2019	PACER
	NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Lungstrum and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)	Sept. 6, 2019	PACER
7	AFFIDAVIT of Amy Crews re 2 MOTION for Temporary Restraining Order by Plaintiff Leaman Crews(Shroff, Zal) (Entered: 09/06/2019)	Sept. 6, 2019	PACER
8	AFFIDAVIT of Jessie Steffan re 2 MOTION for Temporary Restraining Order by Plaintiff Leaman Crews(Shroff, Zal) (Entered: 09/06/2019)	Sept. 6, 2019	RECAP
9	DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Leaman Crews - trial to be held in Kansas City. (Bonds, Lauren) (Entered: 09/06/2019)	Sept. 6, 2019	PACER
	ORDER REASSIGNING CASE: Case reassigned to District Judge Carlos Murguia for all further proceedings. District Judge John W. Lungstrum no longer assigned to case. Signed by deputy clerk on 9/7/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(hw)	Sept. 7, 2019	PACER
	Order Reassigning Case	Sept. 7, 2019	PACER
10	NOTICE OF SERVICE by Leaman Crews of Notice of TRO Hearing and Response Deadline (Bonds, Lauren) (Entered: 09/07/2019)	Sept. 7, 2019	PACER
11	MOTION for attorney Jessica Steffan to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4914926.) by Plaintiff Leaman Crews (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 Affidavit Steffan Pro Hac Vice Affidavit, # 2 ECF Registration Form Steffan ECF Registration Form)(Bonds, Lauren) (Entered: 09/07/2019) 1 Affidavit Steffan Pro Hac Vice Affidavit View on PACER 2 ECF Registration Form Steffan ECF Registration Form View on PACER	Sept. 7, 2019	PACER
12	MOTION for attorney Anthony Rothert to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4914927.) by Plaintiff Leaman Crews (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 Affidavit Rothert PHV Affidavit, # 2 ECF Registration Form Rothert ECF Form)(Bonds, Lauren) (Entered: 09/07/2019) 1 Affidavit Rothert PHV Affidavit View on PACER 2 ECF Registration Form Rothert ECF Form View on PACER	Sept. 7, 2019	PACER
13	MOTION for attorney Gillian Wilcox to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4914929.) by Plaintiff Leaman Crews (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 Affidavit Wilcox PHV Affidavit, # 2 ECF Registration Form Wilcox ECF Registration Form)(Bonds, Lauren) (Entered: 09/07/2019) 1 Affidavit Wilcox PHV Affidavit View on PACER 2 ECF Registration Form Wilcox ECF Registration Form View on PACER	Sept. 7, 2019	PACER
14	AMENDED COMPLAINT against Leaman Crews, filed by Leaman Crews.(Bonds, Lauren) (Entered: 09/07/2019)	Sept. 7, 2019	RECAP
15	MEMORANDUM IN SUPPORT of 2 MOTION for Temporary Restraining Order Amended to Correct Misnomer by Plaintiff Leaman Crews(Bonds, Lauren) (Entered: 09/07/2019)	Sept. 7, 2019	RECAP
16	APPLICATION FOR WRIT of OF HABEAS CORPUS AD TESTIFICANDUM by Leaman Crews. (Bonds, Lauren) (Entered: 09/07/2019)	Sept. 7, 2019	RECAP
17	ORDER: MOTION HEARING regarding 2 PLAINTIFF'S EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: MOTION HEARING, which tentatively had been set for 9/9/2019, is rescheduled to 9/11/2019 at 01:00 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Defendants shall file any RESPONSES to this 2 MOTION and Plaintiff's 16 PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM on or before 1:00 PM CDT on 9/9/2019. Any REPLIES by Plaintiff shall be filed on or before 1:00 PM CDT on 9/10/2019. Plaintiff is ordered to notify defendants of the rescheduled hearing date and time and the extended RESPONSE deadlines and to file notice of confirmation of service with the Court. Signed by District Judge Carlos Murguia on 9/8/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 09/08/2019)	Sept. 8, 2019	PACER
	Reassigning Case	Sept. 8, 2019	PACER
	~Util - Set Motion and R&R Deadlines/Hearings	Sept. 8, 2019	PACER
	Order	Sept. 8, 2019	PACER
18	NOTICE OF SERVICE by Leaman Crews of Notice of Rescheduled TRO Hearing and Extended Response Deadline (Bonds, Lauren) (Entered: 09/08/2019)	Sept. 8, 2019	PACER
	MOTION REFERRAL to Magistrate Judge REMOVED as to: 2 MOTION for Temporary Restraining Order. The motion will be resolved by the District Judge. (ks)	Sept. 9, 2019	PACER
	Order on Motion to Appear Pro Hac Vice	Sept. 9, 2019	PACER
	Order on Motion for Leave to File Under Seal	Sept. 9, 2019	PACER
	Motions No Longer Referred	Sept. 9, 2019	PACER
	Set/Reset Motion and R&R Deadlines/Hearings - Public	Sept. 9, 2019	PACER
19	ENTRY OF APPEARANCE by Christopher Allman on behalf of All Defendants (Allman, Christopher) (Entered: 09/09/2019)	Sept. 9, 2019	PACER
20	ENTRY OF APPEARANCE by Bryan C. Clark on behalf of All Defendants (Clark, Bryan) (Entered: 09/09/2019)	Sept. 9, 2019	PACER
21	ORDER granting 11 Motion to Appear Pro Hac Vice of Jessica Steffan for Leaman Crews pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 9/9/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm) (Entered: 09/09/2019)	Sept. 9, 2019	PACER
22	ORDER granting 12 Motion to Appear Pro Hac Vice of Anthony E. Rothert for Leaman Crews pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 9/9/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm) (Entered: 09/09/2019)	Sept. 9, 2019	PACER
23	ORDER granting 13 Motion to Appear Pro Hac Vice of Gillian R. Wilcox for Leaman Crews pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 9/9/2019. (ydm) (Entered: 09/09/2019)	Sept. 9, 2019	PACER
24	Motion to Withdraw	Sept. 9, 2019	PACER
25	Motion for Leave to File Under Seal	Sept. 9, 2019	PACER
26	Order on Motion for Leave to File Under Seal	Sept. 9, 2019	PACER
27	SEALED Response to Motion	Sept. 9, 2019	PACER
28	Order on Motion to Withdraw	Sept. 9, 2019	RECAP
29	Reply to Response to Motion	Sept. 10, 2019	RECAP
	Notice of Hearing on Motion	Sept. 11, 2019	PACER
	Motions No Longer Referred	Sept. 11, 2019	PACER
30	Notice of Hearing on Motion	Sept. 11, 2019	PACER
31	Motion to Withdraw	Sept. 11, 2019	RECAP
42	ORDER granting 41 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply re 36 MOTION to Dismiss. Response deadline 2/14/2020. Signed by District Judge Carlos Murguia on 2/7/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ddk) (Entered: 02/07/2020)	Feb. 7, 2020
32	Order on Motion to Withdraw	Sept. 12, 2019	RECAP
	Summons Issued	Oct. 31, 2019	PACER
33	Return of Service of Summons EXECUTED as to USA	Nov. 7, 2019	PACER
34	Clerks Order Extending Time to Answer	Dec. 20, 2019	PACER
44	ORDER granting Plaintiff's 43 SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' 36 MOTION TO DISMISS. Plaintiff's RESPONSE deadline is extended to 2/21/2020. Signed by District Judge Carlos Murguia on 2/18/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) (Entered: 02/18/2020)	Feb. 18, 2020
35	Initial Order Regarding Planning and Scheduling	Dec. 26, 2019	PACER
46	MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Broomes for all further proceedings. District Judge Carlos Murguia no longer assigned to case. Signed by deputy clerk on 2/21/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao) (Entered: 02/21/2020)	Feb. 21, 2020
36	Dismiss	Jan. 17, 2020	PACER
37	Memorandum in Support of Motion 1 Attachment Index View on PACER 2 Attachment A View on PACER 3 Attachment B View on PACER 4 Attachment C View on PACER 5 Attachment D View on PACER 6 Attachment A (Redacted) View on PACER	Jan. 17, 2020	PACER
38	Docket Annotation	Jan. 24, 2020	PACER
48	ORDER granting 47 Motion for Extension of Time to File Reply re 36 MOTION to Dismiss . Reply deadline 3/19/2020. Entered by District Judge John W. Broomes on 03/03/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 03/03/2020)	March 3, 2020
39	Stay Discovery	Jan. 27, 2020	PACER
40	Order on Motion to Stay Discovery	Jan. 30, 2020	PACER
41	Extension of Time to File Response/Reply	Feb. 7, 2020	PACER
	Motions No Longer Referred	Feb. 7, 2020	PACER
51	ORDER granting 50 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Entered by District Judge John W. Broomes on 03/20/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 03/20/2020)	March 20, 2020
	Order on Motion for Extension of Time to File Response/Reply	Feb. 7, 2020	PACER
43	Extension of Time to File Response/Reply	Feb. 13, 2020	PACER
	Motions No Longer Referred	Feb. 13, 2020	PACER
	Order on Motion for Extension of Time to File Response/Reply	Feb. 18, 2020	PACER
45	Response to Motion 1 Exhibit Declaration of Leaman Crews View on PACER	Feb. 20, 2020	PACER
	Reassigning Case	Feb. 21, 2020	PACER
47	Extension of Time to File Response/Reply	March 3, 2020	PACER
	Motions No Longer Referred	March 3, 2020	PACER
	Order on Motion for Extension of Time to File Response/Reply	March 3, 2020	PACER
49	Reply to Response to Motion 1 List of Attachments View on PACER 2 Declaration of Kristine A. Aulepp, D.O., Clinical Director View on PACER 3 Declaration of Jason Clark, M.D., Staff Physician View on PACER 4 Declaration of D. Churchill, Senior Officer Specialist View on PACER 5 Declaration of J. Herbig, Special Investigative Support Technician View on PACER	March 19, 2020	PACER
50	Leave to File Under Seal	March 19, 2020	PACER
	Motions No Longer Referred	March 19, 2020	PACER
52	SEALED Exhibits	March 20, 2020	PACER
53	SEALED Exhibits	March 20, 2020	PACER
	Order on Motion for Leave to File Under Seal	March 20, 2020	PACER
54	MEMORANDUM AND ORDER granting 36 Motion to Dismiss. The court determines that it lacks subject matter jurisdiction over this case. The court "cannot accord [Plaintiff] prospective relief that would have any effect in the real world." J ordan v. Sosa, 654 F.3d 1012, 1029 (10th Cir. 2011). There is no longer a case or controversy, and Plaintiff's claims are moot. Plaintiff's claims are dismissed without prejudice for lack of subject matter jurisdiction. Signed by District Judge John W. Broomes on 3/31/2020. (sz)	March 31, 2020	RECAP
55	Judgment	March 31, 2020	RECAP

State / Territory: Kansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 6, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmate at Leavenworth Penitentiary previously receiving medication for addiction treatment (MAT) whose medication supply was interrupted upon transfer to Leavenworth

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

Federal Bureau of Prisons, Federal

Defendant Type(s):

Corrections