Case: Woodcock v. Correct Care Solutions

3:16-cv-00096 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Feb. 27, 2015

Clearinghouse coding complete

Case Summary

This class action, brought on behalf of approximately 1,200 prisoners in the custody of the Kentucky Department of Corrections diagnosed with Hepatitis C, and those who might be diagnosed in the future, was filed in Kentucky state court in 2015, and removed to the U.S. District Court for the Eastern District of Kentucky on December 7, 2016. Represented by the civil rights firm Belzley, Bathurst & Bentley, plaintiffs sued the Kentucky Department of Corrections, several individual employees of …

This class action, brought on behalf of approximately 1,200 prisoners in the custody of the Kentucky Department of Corrections diagnosed with Hepatitis C, and those who might be diagnosed in the future, was filed in Kentucky state court in 2015, and removed to the U.S. District Court for the Eastern District of Kentucky on December 7, 2016.

Represented by the civil rights firm Belzley, Bathurst & Bentley, plaintiffs sued the Kentucky Department of Corrections, several individual employees of the Department, and CorrectCare Solutions, Inc., which provides medical services to inmates of the Department. They challenged the Department’s treatment of inmates with Hepatitis C, in particular the practice of triaging direct-acting antiviral treatment based on a priority level categorization of infected inmates. In a claim brought pursuant to 42 U.S.C. § 1983, they asserted that these treatment practices constituted deliberate indifference to serious medical needs in violation of the Eighth and Fourteenth Amendments. They further asserted that such care failed to reasonably accommodate persons with Hepatitis C, in violation of the Americans with Disabilities Act and the Rehabilitation Act of 1978. Finally, plaintiffs alleged negligence and intentional infliction of emotional distress in violation of state law. They sought declaratory and injunctive relief and punitive damages.

On July 12, 2019, Judge Gregory F. Van Totenhove denied plaintiffs’ motion for a permanent injunction, finding that they had not established that the procedures at issue amounted to grossly inadequate treatment or that the Department of Corrections operated with the requisite culpable state of mind. In the same order, however, the Court granted class certification, defining the class as “all inmates in Kentucky prisons who have been diagnosed, or will be diagnosed, with chronic hepatitis C virus (HCV) for the purpose of injunctive relief.” 2019 WL 3068447. Ultimately, on February 4, 2020, the Court granted the defendants' motion for summary judgment as to the federal claims—holding that the plaintiffs failed to show that the Department’s practice of screening and monitoring inmates with Hepatitis C and prioritizing use of direct-acting antiviral treatment was inadequate or detrimental to their health, or that the defendants had acted with deliberate indifference to substantial risk of harm. The Court closed the federal case, and remanded the action to state court as to the state law claims. 2020 WL 556391.

Plaintiffs appealed, and on July 6, 2021, the U.S. Court of Appeals for the Sixth Circuit, in a panel of Judges Alice M. Batchelder, Richard A. Griffin, and Jane B. Stranch, affirmed the grant of summary judgment on the federal claims. Agreeing with the District Court, the Sixth Circuit concluded that the plaintiffs failed to show that the Department’s treatment plan put them at substantial risk of serious harm. 2021 WL 2799978.

The status of the case on remand in state court is unknown at this time.

Summary Authors

Tessa Bialek (8/28/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6886768/parties/woodcock-v-correct-care-solutions-llc/


Judge(s)

Batchelder, Alice Moore (Ohio)

Griffin, Richard Allen (Michigan)

Stranch, Jane Branstetter (Tennessee)

Van Tatenhove, Gregory Frederick (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Bentley, Aaron Joseph (Kentucky)

Attorneys(s) for Defendant

Brown, Allison R. (Kentucky)

Dunn, Barry L (Kentucky)

Kaiser, Lainie Crouch (Kentucky)

Judge(s)

Batchelder, Alice Moore (Ohio)

Griffin, Richard Allen (Michigan)

Stranch, Jane Branstetter (Tennessee)

Van Tatenhove, Gregory Frederick (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Bentley, Aaron Joseph (Kentucky)

Attorneys(s) for Defendant

Brown, Allison R. (Kentucky)

Dunn, Barry L (Kentucky)

Kaiser, Lainie Crouch (Kentucky)

Keeton, Linda Marion (Kentucky)

Kinsolving, Megan Handshoe (Kentucky)

Nolan, Brett Robert (Kentucky)

O'Reilly, Megan Pullem (Kentucky)

Payne, Taylor Allen (Kentucky)

Sharp, William E. (Kentucky)

Documents in the Clearinghouse

Document

3:16-cv-00096

Docket

July 6, 2021

July 6, 2021

Docket
1-2

3:16-cv-00096

15-CI-63

First Amended Class Action Complaint

Kentucky state trial court

Nov. 14, 2016

Nov. 14, 2016

Complaint
126

3:16-cv-00096

Third Amended Class Action Complaint

Jan. 15, 2019

Jan. 15, 2019

Complaint
162

3:16-cv-00096

Memorandum Opinion and Order

2019 WL 3068447, 2019 U.S.Dist.LEXIS 115940

July 12, 2019

July 12, 2019

Order/Opinion
202

3:16-cv-00096

Memorandum Opinion & Order

2020 WL 556391, 2020 U.S.Dist.LEXIS 17793

Feb. 4, 2020

Feb. 4, 2020

Order/Opinion
42-2

0:20-05170

Opinion of the Court

U. S. Court of Appeals for the Sixth Circuit

2021 WL 2799978

July 6, 2021

July 6, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6886768/woodcock-v-correct-care-solutions-llc/

Last updated Aug. 10, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link

Add and Terminate Attorneys

Dec. 7, 2016

Dec. 7, 2016

PACER

Add and Terminate Parties

Dec. 7, 2016

Dec. 7, 2016

PACER

Amended Complaint

Dec. 7, 2016

Dec. 7, 2016

PACER

Motion to Dismiss

Dec. 7, 2016

Dec. 7, 2016

PACER
1

Notice of Removal

2

View on RECAP

Dec. 7, 2016

Dec. 7, 2016

PACER

Conflict Check

Dec. 8, 2016

Dec. 8, 2016

PACER

Add and Terminate Attorneys

Dec. 8, 2016

Dec. 8, 2016

PACER
3

Notice of Deficiency re: Rule 7.1 Disclosures

Dec. 8, 2016

Dec. 8, 2016

PACER
4

Disclosure Statement pursuant to FRCP 7.1

Dec. 8, 2016

Dec. 8, 2016

PACER
5

Notice

Dec. 8, 2016

Dec. 8, 2016

PACER
6

Notice

Dec. 9, 2016

Dec. 9, 2016

PACER
7

Notice of Filing

Dec. 12, 2016

Dec. 12, 2016

PACER
8

Summons Issued

Dec. 12, 2016

Dec. 12, 2016

PACER
9

Notice of Clerical Error re: PDF Document

Dec. 12, 2016

Dec. 12, 2016

PACER
10

Response to Motion

Dec. 29, 2016

Dec. 29, 2016

PACER

Motion Submitted

Dec. 30, 2016

Dec. 30, 2016

PACER
11

Order

Jan. 9, 2017

Jan. 9, 2017

PACER

File Submitted

March 15, 2017

March 15, 2017

PACER
12

Motion for Extension of Time

March 16, 2017

March 16, 2017

PACER

Motion Submitted

March 17, 2017

March 17, 2017

PACER
13

Order on Motion for Extension of Time

March 20, 2017

March 20, 2017

PACER
14

Notice of Filing

March 27, 2017

March 27, 2017

PACER
15

Motion for Entry of Default

March 27, 2017

March 27, 2017

PACER

Motion Submitted

March 28, 2017

March 28, 2017

PACER
16

Clerk's Entry of Default

March 28, 2017

March 28, 2017

PACER
17

60 DAY Notation

March 28, 2017

March 28, 2017

PACER

File Submitted

March 31, 2017

March 31, 2017

PACER
18

Answer to Amended Complaint

March 31, 2017

March 31, 2017

PACER
19

Answer to Amended Complaint

March 31, 2017

March 31, 2017

PACER
20

Notice

April 5, 2017

April 5, 2017

PACER
21

Notice

April 5, 2017

April 5, 2017

PACER
22

Notice

April 5, 2017

April 5, 2017

PACER
23

Notice

April 5, 2017

April 5, 2017

PACER
24

Notice

April 5, 2017

April 5, 2017

PACER
25

Notice

April 5, 2017

April 5, 2017

PACER
26

Order

April 5, 2017

April 5, 2017

PACER
27

Order For Meeting and Report

April 6, 2017

April 6, 2017

PACER
28

Notice

May 9, 2017

May 9, 2017

PACER
29

Report of Rule 26(f) Planning Meeting

May 15, 2017

May 15, 2017

PACER

File Submitted

May 16, 2017

May 16, 2017

PACER
30

Order

May 16, 2017

May 16, 2017

PACER
31

Notice

May 30, 2017

May 30, 2017

PACER
32

Notice

May 30, 2017

May 30, 2017

PACER

Notice of Deficiency

Aug. 18, 2017

Aug. 18, 2017

PACER
33

Motion to Intervene

Aug. 18, 2017

Aug. 18, 2017

PACER
34

Notice of Filing

Aug. 18, 2017

Aug. 18, 2017

PACER
35

Order on Motion to Intervene

Sept. 25, 2017

Sept. 25, 2017

PACER
36

Intervenor Complaint

Sept. 25, 2017

Sept. 25, 2017

PACER
37

Summons Issued

Sept. 25, 2017

Sept. 25, 2017

PACER
38

Motion to Dismiss for Failure to State a Claim

Oct. 26, 2017

Oct. 26, 2017

PACER
39

Motion for Extension of Time to Complete Discovery

Oct. 31, 2017

Oct. 31, 2017

PACER
40

Order on Motion for Extension of Time to Complete Discovery

Nov. 2, 2017

Nov. 2, 2017

PACER
41

RESPONSE

Nov. 7, 2017

Nov. 7, 2017

PACER

Motion Submitted

Nov. 8, 2017

Nov. 8, 2017

PACER
42

Notice

Nov. 9, 2017

Nov. 9, 2017

PACER
43

Motion to Stay

Nov. 11, 2017

Nov. 11, 2017

PACER
44

Order

Nov. 13, 2017

Nov. 13, 2017

PACER
45

Motion for Miscellaneous Relief

Feb. 8, 2018

Feb. 8, 2018

PACER
46

Order

Feb. 9, 2018

Feb. 9, 2018

PACER
47

Response to Motion

Feb. 23, 2018

Feb. 23, 2018

PACER

Notice of Docket Modification

Feb. 26, 2018

Feb. 26, 2018

PACER
48

Order

Feb. 26, 2018

Feb. 26, 2018

PACER
49

Motion to Certify Class

March 1, 2018

March 1, 2018

PACER
50

Motion to Certify Class

March 1, 2018

March 1, 2018

PACER
51

Motion to Vacate

March 1, 2018

March 1, 2018

PACER
52

Order

March 2, 2018

March 2, 2018

PACER
53

Reply to Response to Motion

March 3, 2018

March 3, 2018

PACER

Motion Submitted

March 5, 2018

March 5, 2018

PACER
54

Order

March 5, 2018

March 5, 2018

PACER

Motion Submitted

March 6, 2018

March 6, 2018

PACER
55

Response to Motion

March 12, 2018

March 12, 2018

PACER

Motion Submitted

March 13, 2018

March 13, 2018

PACER
56

Order

March 14, 2018

March 14, 2018

PACER
57

Notice of Filing

March 19, 2018

March 19, 2018

PACER
58

Motion for Extension of Time to File Response/Reply

March 21, 2018

March 21, 2018

PACER
59

Response to Motion

March 21, 2018

March 21, 2018

PACER

Motion Submitted

March 22, 2018

March 22, 2018

PACER
60

Order

March 22, 2018

March 22, 2018

PACER
61

Response in Opposition to Motion

March 26, 2018

March 26, 2018

PACER
62

Response to Motion

March 26, 2018

March 26, 2018

PACER
63

Response to Motion

March 30, 2018

March 30, 2018

PACER
64

Status Report

April 2, 2018

April 2, 2018

PACER

File Submitted

April 3, 2018

April 3, 2018

PACER
65

Reply to Response to Motion

April 10, 2018

April 10, 2018

PACER
66

Motion for Leave

April 10, 2018

April 10, 2018

PACER

Motion Submitted

April 11, 2018

April 11, 2018

PACER
67

Order on Motion for Miscellaneous Relief

April 11, 2018

April 11, 2018

PACER
68

Disclosures

May 1, 2018

May 1, 2018

PACER
69

Status Report

May 1, 2018

May 1, 2018

PACER

File Submitted

May 2, 2018

May 2, 2018

PACER

Motion Submitted

May 2, 2018

May 2, 2018

PACER
70

Notice of Appearance

May 22, 2018

May 22, 2018

PACER

Motion Submitted

May 23, 2018

May 23, 2018

PACER
71

MEMORANDUM OPINION AND ORDER: 1. The Motion to Dismiss filed by Defendants Rodney Ballard, LaDonna Thompson, Doug Crall, Cookie Crews, and James Erwin 38 is DENIED WITH PREJUDICE; and 2. Plaintiffs SHALL effectuate proper service on Defendants Ro dney Ballard, LaDonna Thompson, Doug Crall, Cookie Crews, and James Erwin within thirty (30) days of the entry of this Order, otherwise this matter may be dismissed without prejudice as to those defendants.. Signed by Judge Gregory F. VanTatenhove on 5/23/2018. (CBD)cc: COR

May 23, 2018

May 23, 2018

RECAP
72

Order to Show Cause

May 23, 2018

May 23, 2018

PACER
73

Notice of Filing

May 31, 2018

May 31, 2018

PACER
74

Notice of Filing

May 31, 2018

May 31, 2018

PACER
76

Summons Issued

May 31, 2018

May 31, 2018

PACER
75

Status Report

June 1, 2018

June 1, 2018

PACER

Clerk's Note

June 5, 2018

June 5, 2018

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C

Key Dates

Filing Date: Feb. 27, 2015

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Plaintiffs are a class of persons incarcerated by the Kentucky Department of Corrections who are or become infected with Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kentucky Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run