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…

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 Union (ACLU) of Kansas and Missouri.

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.

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)

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

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Sanitation / living conditions

Disability:

Opioid disorder/medication

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run