Case: Barfield v. Cook

3:18-cv-01198 | U.S. District Court for the District of Connecticut

Filed Date: July 19, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiffs, persons in the custody of the Connecticut Department of Correction suffering from the Hepatitis C Virus (HCV), filed this putative class action lawsuit against the Department on July 19, 2018 in the U.S. District Court for the District of Connecticut. U.S. District Judge Michael P. Shea was assigned. Plaintiffs, represented by private counsel, sought to represent a class of all people who are or will be prisoners in the custody of the Connecticut Department of Corrections, and who…

Plaintiffs, persons in the custody of the Connecticut Department of Correction suffering from the Hepatitis C Virus (HCV), filed this putative class action lawsuit against the Department on July 19, 2018 in the U.S. District Court for the District of Connecticut. U.S. District Judge Michael P. Shea was assigned. Plaintiffs, represented by private counsel, sought to represent a class of all people who are or will be prisoners in the custody of the Connecticut Department of Corrections, and who have or will have Hepatitis C while in custody and have not yet been cured. They alleged deliberate indifference to serious medical needs in violation of the Eighth Amendment, as well as violations of Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act, citing the Department’s prioritization of direct-acting antiviral treatment for those with the most advanced HCV only, which, they argued, resulted in delayed, less effective treatment and failed to comply with accepted standards of care. They further noted that the policy failed to address liver transplantation, the only cure for people with decompensated cirrhosis, or to include liver cancer screening. They requested declaratory and injunctive relief, compensatory and punitive damages, and attorneys’ fees and costs.

The district court granted the motion for class certification on August 6, 2019, certifying a class defined as: “All sentenced persons (1) who have been or will be diagnosed with chronic Hepatitis C; (2) who are or will be in the custody of the Connecticut Department of Corrections; and (3) who have at least sixteen weeks remaining to serve on their sentences.” It explained that it had limited the class definition in this way because “plaintiffs expressly disclaim any intent to bring a deliberate indifference claim under the Fourteenth Amendment on behalf of pretrial detainees” and because screening, evaluation, and a course of DAA treatment would require approximately sixteen weeks to complete. 2019 WL 3562021. Ultimately, during the course of settlement negotiations, the class was redefined—by order granting the parties’ joint motion to amend on June 2, 2020—to include: “All inmates, both sentenced and unsentenced, who were, are, or will be confined in a Connecticut Department of Correction facility, since the filing of this complaint until March 1, 2022."

Also on August 6, 2019, the court granted in part and denied in part the Department’s motion to dismiss. First, the court held that although at least some of the named plaintiffs had standing to seek an injunction requiring provision of direct-acting antiviral treatment and/or liver transplants when needed, none had adequately alleged a likelihood of future injury stemming from failure to test them for HCV because all five named plaintiffs had already been tested and diagnosed. The court dismissed this request for relief without prejudice, however, to revisit at a later stage should plaintiffs ultimately prevail on the merits. Second, as to the plaintiffs’ claim of deliberate indifference to serious medical needs, the court held that the plaintiffs had plausibly alleged delayed treatment or failure to treat despite knowledge of the standard of care requiring immediate treatment with direct-acting antivirals. Thus, the motion to dismiss that claim was denied. The court concluded, however, that the allegations were insufficient to show personal involvement by the Commissioner of the Department of Corrections in this alleged Eighth Amendment violation and thus granted the motion to dismiss as to the Eighth Amendment claim brought against him in his individual capacity. Finally, the court granted the motion to dismiss as to the Americans with Disabilities Act and Rehabilitation Act Claims, holding that plaintiffs failed to make non-conclusory allegations that supported an inference of discrimination or denial of care based on HCV status. 2019 WL 3680331.

The parties began settlement negotiations and, on November 6, 2020, filed a proposed amended settlement agreement and release that set out the terms of the parties’ agreement, followed, on May 3, 2021, by a joint motion to approve the settlement agreement. The agreement would have required the department to comply with clinical guidelines, offer universal screening for HCV to all inmates, rely on infectious disease experts to make treatment recommendations or provide treatment directly, offer treatment despite risk behavior, and use directly observed therapy to monitor compliance. It would additionally have permitted class members to, at any time, request direct-acting antiviral treatment, which would trigger evaluation for the treatment. After a fairness hearing, on May 17, 2021, however, the court denied the motion to approve the settlement agreement without prejudice, citing a release of related claims accrued “from the beginning of the world to April 1, 2020” as too broad to be fair, adequate, or reasonable.

On August 3, 2021, the court administratively closed the case, inviting the parties to reopen the case upon a showing that (a) a final settlement had been reached and needed approval; (b) the parties wished to proceed with litigating the case; or (3) other good reason existed to reopen the case. Settlement negotiations appear to be ongoing.

Summary Authors

Tessa Bialek (9/24/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7478055/parties/barfield-v-cook/


Judge(s)

Merriam, Sarah Ann Leilani (Connecticut)

Shea, Michael Peter (Connecticut)

Attorneys(s) for Plaintiff

Krayeske, Kenneth James (Connecticut)

Ward, DeVaughn (Connecticut)

Attorneys(s) for Defendant

O'Neill, Terrance M. (Connecticut)

Strom, Steven R. (Connecticut)

Tong, William (Connecticut)

Judge(s)

Merriam, Sarah Ann Leilani (Connecticut)

Shea, Michael Peter (Connecticut)

Attorneys(s) for Plaintiff

Krayeske, Kenneth James (Connecticut)

Ward, DeVaughn (Connecticut)

Attorneys(s) for Defendant

O'Neill, Terrance M. (Connecticut)

Strom, Steven R. (Connecticut)

Tong, William (Connecticut)

Documents in the Clearinghouse

Document

3:18-cv-01198

Docket [PACER]

Sept. 20, 2021

Sept. 20, 2021

Docket
1

3:18-cv-01198

Verified Class Action Complaint for Declaratory and Injunctive Relief

Barfield v. Semple

July 19, 2018

July 19, 2018

Complaint
35

3:18-cv-01198

Corrected First Amended Complaint

Barfield v. Semple

Dec. 21, 2018

Dec. 21, 2018

Complaint
61

3:18-cv-01198

Ruling on Class Certification

2019 WL 3562021

Aug. 6, 2019

Aug. 6, 2019

Order/Opinion
60

3:18-cv-01198

Ruling on Motion to Dismiss

Barfield v. Semple

2019 WL 3680331

Aug. 6, 2019

Aug. 6, 2019

Order/Opinion
133

3:18-cv-01198

Joint Notice of Proposed Amended Settlement Agreement

Nov. 6, 2020

Nov. 6, 2020

Settlement Agreement
134

3:18-cv-01198

Joint Motion to Amend Class Definition

Nov. 6, 2020

Nov. 6, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7478055/barfield-v-cook/

Last updated Aug. 6, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified against Scott Semple ( Filing fee $400 receipt number ACTDC-4906404.), filed by Robert Barfield.(Krayeske, Kenneth) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

Clearinghouse

Judge Michael P. Shea added. (Anastasio, F.)

July 19, 2018

July 19, 2018

PACER
2

Order on Pretrial Deadlines: Motions to Dismiss due on 10/19/2018. Amended Pleadings due by 9/17/2018. Discovery due by 1/18/2019. Dispositive Motions due by 2/17/2019. Signed by Clerk on 07/19/2018. (Peterson, M) (Entered: 07/20/2018)

July 19, 2018

July 19, 2018

PACER
3

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 07/19/2018. (Peterson, M) (Entered: 07/20/2018)

July 19, 2018

July 19, 2018

PACER
4

STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/19/2018. (Peterson, M) (Entered: 07/20/2018)

July 19, 2018

July 19, 2018

PACER
5

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Order on Pretrial Deadlines, 3 Electronic Filing Order, 4 Protective Order, 1 Complaint filed by Robert Barfield Signed by Clerk on 07/20/2018. (Peterson, M) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
6

NOTICE of Appearance by DeVaughn L. Ward on behalf of Robert Barfield (Ward, DeVaughn) (Entered: 07/22/2018)

July 22, 2018

July 22, 2018

PACER

Request for Clerk to issue summons as to Scott Semple. (Krayeske, Kenneth)

July 26, 2018

July 26, 2018

PACER
7

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Scott Semple* with answer to complaint due within *21* days. Attorney *Kenneth James Krayeske* *Kenneth J. Krayeske Law Offices* *255 Main St., 5th Floor* *Hartford, CT 06106*. (Peterson, M) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
8

SUMMONS Returned Executed by Robert Barfield. Scott Semple served on 8/7/2018, answer due 8/28/2018. (Krayeske, Kenneth) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
9

NOTICE of Appearance by Terrence M. O'Neill on behalf of Scott Semple (O'Neill, Terrence) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
10

NOTICE of Appearance by Steven R. Strom on behalf of Scott Semple (Strom, Steven) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
11

Consent MOTION for Extension of Time until September 28, 2018 to file defendant's answer and defenses or otherwise file a motion directed to the complaint by Scott Semple. (Strom, Steven) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
12

ORDER. The 11 motion for extension of time is hereby GRANTED. The defendant will have until September 28, 2018 to respond to the complaint. Signed by Judge Michael P. Shea on 8/23/2018. (Self, A.) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER

Answer deadline updated for Scott Semple to 9/28/2018. (Johnson, D.)

Aug. 23, 2018

Aug. 23, 2018

PACER
13

MOTION to Strike 1 Complaint by Scott Semple.Responses due by 10/19/2018 (Attachments: # 1 Memorandum in Support, # 2 Attachment)(Strom, Steven) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
14

MOTION to Dismiss by Scott Semple.Responses due by 10/19/2018 (Attachments: # 1 Memorandum in Support, # 2 Attachment)(Strom, Steven) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
15

ORDER. Defendant has filed a 13 motion to dismiss Plaintiffs complaint for failure to state a claim. On or before, October 21, 2018, Plaintiff shall either file a response to the motion or file an amended complaint in which Plaintiff pleads as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendants memorandum of law. The Court will not allow further amendments after October 21, 2018. If Plaintiff chooses to amend and if Defendant renews the motion to dismiss, Defendant may incorporate by reference any prior briefing. Signed by Judge Michael P. Shea on 10/1/2018. (Self, A.) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER

Set Deadlines as to 14 MOTION to Dismiss .(Responses due by 10/21/2018, ), or( Amended Complaint due by 10/21/2018) (Johnson, D.)

Oct. 1, 2018

Oct. 1, 2018

PACER
16

First MOTION for Extension of Time until November 20, 2018 To file an Amended Complaint or Respond to the Motion to Dismiss Set Motion and Rcmd Ruling Deadlines/Hearings, Set Deadlines/Hearings by Robert Barfield. (Krayeske, Kenneth) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
17

ORDER. The 16 motion for extension of time is hereby GRANTED. The plaintiff shall have until November 20, 2018 in which to file his amended pleading or responses to the 14 motion to dismiss and 13 motion to strike. Further extensions are unlikely. Signed by Judge Michael P. Shea on 10/4/2018. (Self, A.) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER

Set/Reset Deadlines as to 14 MOTION to Dismiss .(Responses due by 11/20/2018, ),or ( Amended Pleadings due by 11/20/2018) (Johnson, D.)

Oct. 4, 2018

Oct. 4, 2018

PACER
18

ORDER. The Court has reviewed the file in this case to monitor the parties' compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties file on or before October 25, 2018, (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a Form 26(f) report; or (2) a Form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties' failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Judge Michael P. Shea on 10/11/2018. (Self, A.) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER

Set Deadlines: Rule 26 Meeting Report due by 10/25/2018 (Johnson, D.)

Oct. 11, 2018

Oct. 11, 2018

PACER
19

Joint REPORT of Rule 26(f) Planning Meeting. (Krayeske, Kenneth) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
20

ORDER: In response to this Court's order directing them to file a Rule 26(f) Report and show cause why sanctions should not be imposed for their failure to file one within the time limits set by the rules, the parties point to language in this Court's Local Rule 26(f) stating that it does not apply to "prisoner petitions." L.R. 26(f)(3). Whatever the scope of that term, however, it cannot be read to encompass a counseled case such as this one. A district court has no authority to promulgate rules that are inconsistent with the Federal Rules of Civil Procedure, see 28 U.S.C. Sec. 2071(a), and Federal Rule of Civil Procedure 26 clearly requires the parties in a case in which a prisoner is represented by counsel to hold a planning conference and submit a report to the Court outlining a proposed case management plan. Fed. R. Civ. P. 26(f); Fed. R. Civ. P. 26(a)(1)(B)(exempting, with respect to prisoners, only "an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision"). Therefore, the parties are required, by both the plain terms of Federal Rule 26(f) and by the only permissible reading of Local Rule 26(f) to file a Rule 26(f) Report. Furthermore, even if the rules did not require them to do so, the Court would order them to do so under its duty to manage the case efficiently and justly. See generally Fed. R. Civ. P. 1, 16. The Court requires the parties' assistance to assemble a case management plan in a proposed class action such as this one. Accordingly, the parties shall confer and file a fulsome Rule 26(f) Report, including their positions as to class certification and proposed briefing on any motion for class certification, within 7 days of this order. The Court will not impose sanctions given that the parties' failure to file a report previously has been explained by their interpretation of the Local Rule, incorrect though I find it to be. Signed by Judge Michael P. Shea on 10/26/2018. (Ram, Megha) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
21

Joint REPORT of Rule 26(f) Planning Meeting. (Strom, Steven) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
22

ORDER: In light of the parties' 21 Rule 26(f) report requesting a pretrial conference with the Court before entry of a scheduling order, a telephonic status conference is hereby scheduled for November 26, 2018 at 11:00 AM. Chambers will email counsel about the logistics of the telephone call. Signed by Judge Michael P. Shea on 11/6/2018. (Ram, Megha) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER

Set Deadlines/Hearings: Telephonic Status Conference set for 11/26/2018 11:00 AM before Judge Michael P. Shea (Johnson, D.)

Nov. 6, 2018

Nov. 6, 2018

PACER
23

MOTION to Amend/Correct 1 Complaint by Robert Barfield.Responses due by 12/11/2018 (Attachments: # 1 Proposed Amended Complaint, # 2 Redline of Original/Amended Complaint, # 3 Tatem, Darnell Consent to Join, # 4 Barberi, Jason Consent to Join, # 5 Knapp, John Consent to Join, # 6 Davis, Curtis Consent to Join)(Krayeske, Kenneth) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
24

MOTION for Joinder re 23 MOTION to Amend/Correct 1 Complaint filed by Robert Barfield by Robert Barfield. (Krayeske, Kenneth) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
25

ORDER: The telephonic status conference previously scheduled for November 26, 2018 is hereby RESCHEDULED to December 4, 2018 at 2:30pm. Signed by Judge Michael P. Shea on 11/21/2018. (Ram, Megha) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER

Set Deadlines/Hearings: Telephonic Status Conference set for 12/4/2018 02:30 PM before Judge Michael P. Shea (Johnson, D.)

Nov. 21, 2018

Nov. 21, 2018

PACER
27

Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 12/4/2018. 30 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 12/06/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
26

SCHEDULING ORDER: Upon consideration of the parties' 21 Joint Report of Rule 26(f) Planning Meeting, and the telephone status conference held on December 4, 2018, the Court orders the deadlines set forth in the attached. Signed by Judge Michael P. Shea on 12/5/2018. (Ram, Megha) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER

Set Deadlines/Hearings: Discovery due by 5/1/2019; Joint Status Report due by 2/18/2019; Telephonic Status Conference set for 2/25/2019 11:30 AM before Judge Michael P. Shea (Johnson, D.)

Dec. 5, 2018

Dec. 5, 2018

PACER
28

Memorandum in Opposition re 23 MOTION to Amend/Correct 1 Complaint filed by Scott Semple. (Strom, Steven) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
29

Memorandum in Opposition re 24 MOTION for Joinder re 23 MOTION to Amend/Correct 1 Complaint filed by Robert Barfield filed by Scott Semple. (Attachments: # 1 Exhibit A)(Strom, Steven) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
30

For the reasons set forth in the attached, the 23 motion to amend and the 24 motion for joinder are hereby GRANTED. As such, the 13 motion to strike and the 14 motion to dismiss are DENIED AS MOOT. Signed by Judge Michael P. Shea on 12/18/2018. (Ram, Megha) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

RECAP
31

AMENDED COMPLAINT against Scott Semple, filed by Robert Barfield.(Krayeske, Kenneth) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
32

MOTION to Certify Class by Robert Barfield.Responses due by 1/10/2019 (Attachments: # 1 Memorandum in Support of motion for Class Certification, # 2 Exhibit 1-8 in support of Class Certification)(Krayeske, Kenneth) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
33

ORDER: The Plaintiffs filed an 31 amended complaint on the docket. The document appears to be the same as the 1 initial complaint instead of the [23-1] proposed amended complaint. It therefore does not appear to be the operative complaint. The Plaintiffs shall file the [23-1] amended complaint separately as the "Corrected First Amended Complaint." Once the correct version of the complaint is docketed, Defendants shall have 14 days to respond pursuant to Fed. R. Civ. P. 15(a)(3). Signed by Judge Michael P. Shea on 12/21/2018. (Ram, Megha) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
34

ORDER: The Plaintiffs filed a 32 motion to certify class. Pursuant to the Court's 26 scheduling order, the Plaintiffs may file a supplemental brief on class certification of no more than 25 pages by May 15, 2019. The Defendant shall file any brief in opposition to class certification by June 6, 2019. The Plaintiffs may file a reply by June 20, 2019. Signed by Judge Michael P. Shea on 12/21/2018. (Ram, Megha) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
35

AMENDED COMPLAINT Corrcted First Amended Complaint against Scott Semple, filed by Robert Barfield. (Attachments: # 1 Exhibit 1 - Policy G 2.04)(Krayeske, Kenneth) (Entered: 12/21/2018)

1 Exhibit 1 - Policy G 2.04

View on PACER

Dec. 21, 2018

Dec. 21, 2018

Clearinghouse

Set Deadlines as to 32 MOTION to Certify Class . Supplemental brief due by 5/15/2019; Opposition due by 6/6/2019; Reply due by 6/20/2019 (Johnson, D.)

Dec. 21, 2018

Dec. 21, 2018

PACER
36

Supplemental MOTION to Dismiss Memorandum of Law by Scott Semple.Responses due by 1/25/2019 (O'Neill, Terrence) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
37

MOTION for Extension of Time to File Response/Reply as to 36 Supplemental MOTION to Dismiss Memorandum of Law until February 24, 2019 by Robert Barfield. (Krayeske, Kenneth) (Entered: 01/21/2019)

Jan. 21, 2019

Jan. 21, 2019

PACER
38

ORDER: The 37 motion for extension of time is GRANTED. The Plaintiff's response to the 36 motion to dismiss shall be due by February 24, 2019. Signed by Judge Michael P. Shea on 1/22/2019. (Ram, Megha) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER

Reset Deadlines as to 36 Supplemental MOTION to Dismiss Memorandum of Law. Responses due by 2/24/2019 (Johnson, D.)

Jan. 22, 2019

Jan. 22, 2019

PACER
39

Consent MOTION for Extension of Time until March 11, 2019 and March 25, 2019 to send defendants objections and/or initial responses to plaintiff's counsel with regard to the first set of requests for production and first set of interrogatories and to file responses to the same first set of requests for production and interrogatories by Scott Semple. (Strom, Steven) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
40

ORDER: The 39 consent motion for extension is GRANTED. The Defendant shall send objections and/or initial responses to Plaintiff's counsel with regard to the first set for requests for production and first set of interrogatories by March 11, 2019. The Defendant shall file responses to the same set of requests for production and interrogatories by March 25, 2019. Signed by Judge Michael P. Shea on 2/1/2019. (Ram, Megha) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
41

Joint STATUS REPORT by Robert Barfield. (Krayeske, Kenneth) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
42

ORDER: In light of the 41 joint status report, the telephonic status conference set for February 25, 2019 is hereby CANCELLED. Signed by Judge Michael P. Shea on 2/20/2019. (Ram, Megha) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
43

OBJECTION re 36 Supplemental MOTION to Dismiss Memorandum of Law filed by Robert Barfield. (Krayeske, Kenneth) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
44

MOTION to Substitute Party by Robert Barfield. (Krayeske, Kenneth) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
45

MOTION for Extension of Time of various deadlines 26 Order, by Robert Barfield. (Krayeske, Kenneth) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
46

ORDER: The 45 motion is GRANTED IN PART and DENIED IN PART. The Court hereby sets the following deadlines:First phase discovery: August 15, 2019Plaintiff's expert report: May 15, 2019Deposition of Plaintiff's expert: June 15, 2019Plaintiff's damages analysis: May 15, 2019Rebuttal by Defendant's expert: July 15, 2019Deposition of Defendant's expert: August 15, 2019Given the length of these extensions, further extensions are unlikely to be granted. Signed by Judge Michael P. Shea on 4/2/2019. (Ram, Megha) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER

Order on Motion for Extension of Time

April 2, 2019

April 2, 2019

PACER
47

NOTICE by Robert Barfield of Supplemental Authority (Attachments: # 1 Exhibit 1)(Krayeske, Kenneth) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
48

ORDER: Absent objection, the 44 motion to substitute Rollin Cook as the official capacity representative for the Connecticut Department of Correction is GRANTED. The Clerk is instructed to update the case caption accordingly. Signed by Judge Michael P. Shea on 4/23/2019. (Ram, Megha) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER

Order on Motion to Substitute Party

April 23, 2019

April 23, 2019

PACER
49

NOTICE re Scott Semple terminated in error. Signed by Clerk on 4/25/19.(Johnson, D.) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER

Notice

April 25, 2019

April 25, 2019

PACER
50

Second NOTICE by Robert Barfield of Supplemental Authority (Attachments: # 1 Exhibit 1 Order, # 2 Exhibit 2 Approval, # 3 Exhibit 3 Memorandum)(Krayeske, Kenneth) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
51

Memorandum in Support re 32 MOTION to Certify Class Supplemental Brief filed by Robert Barfield. (Attachments: # 1 Exhibit 1 - Dr. Kim's Declaration, # 2 Exhibit 2 - HepCURB Minutes, # 3 Exhibit 3 - G 2.04 and revisions, # 4 Exhibit 4 - MN 204 Oral Arguments, # 5 Exhibit 5 - Documents for 68 of Dr. Kim, # 6 Exhibit 6 - Newspaper Case, # 7 Exhibit 7 - Defendant's Interrogatory Responses, # 8 Exhibit 8 - Sub HB 6546, # 9 Exhibit 9 - OFA Fiscal Note, # 10 Exhibit 10 - Study at NHCC, # 11 Exhibit 11 - February 2016 email, # 12 Exhibit 12 - November 2016 Spreadsheet, # 13 Exhibit 13 - Atty Strom Email, # 14 Exhibit 14 - Consent Form and G 2.04 comments)(Krayeske, Kenneth) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
52

Memorandum in Opposition re 32 MOTION to Certify Class filed by Rollin Cook, Scott Semple. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Davis, Thomas) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
53

REPLY to Response to 32 MOTION to Certify Class filed by Robert Barfield. (Attachments: # 1 Exhibit 15 - Emails, # 2 Exhibit 16 - Dr. Pino Testimony, # 3 Exhibit 17 - Semple Letter, # 4 Exhibit 18 - Impact Fund Article)(Krayeske, Kenneth) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
54

REPLY to Response to 32 MOTION to Certify Class Second - Supplemental Response filed by Robert Barfield. (Attachments: # 1 Exhibit 19 - Dr. Kim Deposition Excerpts)(Krayeske, Kenneth) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
55

MOTION for Preliminary Injunction by Robert Barfield.Responses due by 8/5/2019 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - SEIU Transcript)(Krayeske, Kenneth) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
56

NOTICE OF COMPLIANCE WITH PRETRIAL ORDER by Rollin Cook, Scott Semple re 46 Order on Motion for Extension of Time,, DEFENDANTS' EXPERT REPORT (Strom, Steven) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
57

NOTICE of Appearance by Steven R. Strom on behalf of Rollin Cook (Strom, Steven) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
58

MOTION for Extension of Time until September 5, 2019 to file the defendant's opposition to plaintiffs' motion for a preliminary injunction 55 MOTION for Preliminary Injunction by Rollin Cook, Scott Semple. (Strom, Steven) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
59

ORDER: The 58 motion for extension is GRANTED. Defendants shall have until September 5, 2019 to file a response to the 55 motion for preliminary injunction.Signed by Judge Michael P. Shea on 7/22/2019. (Ram, Megha) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER

Order on Motion for Extension of Time

July 22, 2019

July 22, 2019

PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

July 23, 2019

July 23, 2019

PACER

Set Deadlines as to 55 MOTION for Preliminary Injunction. Responses due by 9/5/2019. (Peterson, M)

July 23, 2019

July 23, 2019

PACER
60

ORDER: For the reasons discussed in the attached, all claims brought by Plaintiff Davis and all claims concerning opt-out testing and identification of prisoners with HCV are DISMISSED for lack of standing; and the Defendants' motion to dismiss is GRANTED as to the Eighth Amendment claim against Semple in his individual capacity, GRANTED as to the Americans with Disabilities Act and Rehabilitation Act claims, and DENIED as to the Eighth Amendment claim against Cook in his official capacity.Signed by Judge Michael P. Shea on 8/6/2019. (Ram, Megha) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

Clearinghouse
61

ORDER: For the reasons discussed in the attached, the 32 motion for class certification is GRANTED to the extent set forth in this ruling. Accordingly, the Court orders as follows:First, the following class is certified: All sentenced persons (1) who have been or will be diagnosed with chronic Hepatitis C; (2) who are or will be in the custody of the Connecticut Department of Corrections; and (3) who have at least sixteen weeks remaining to serve on their sentences. Second, Robert Barfield, John Knapp, Darnell Tatem, and Jason Barberi are appointed as class representatives. Third, Attorneys Kenneth J Krayeske and DeVaughn L. Ward are appointed as class counsel. Signed by Judge Michael P. Shea on 8/6/2019. (Ram, Megha) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

Clearinghouse
62

ANSWER to 35 Amended Complaint with Affirmative Defenses. by Rollin Cook.(Strom, Steven) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
63

NOTICE of Appearance by Terrence M. O'Neill on behalf of Rollin Cook (O'Neill, Terrence) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
64

Memorandum in Opposition re 55 MOTION for Preliminary Injunction filed by Rollin Cook. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Strom, Steven) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
65

Memorandum in Support re 55 MOTION for Preliminary Injunction filed by Rollin Cook. (Strom, Steven) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
66

MOTION Evidentiary Hearing re 65 Memorandum in Support of Motion by Rollin Cook.Responses due by 9/26/2019 (Strom, Steven) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
67

MOTION for to Remove Confidential Designation from Deposition Transcript and Exhibits of Dr. Chad Zawitz Order by Robert Barfield. (Attachments: # 1 Memorandum in Support of Motion for Order to Remove Confidential Designation, # 2 Exhibit One Redacted - Deposition Trasncript of Dr. Chad Zawitz, # 3 Exhibit 2 - Email from September 10, 2019, # 4 Exhibit 3 - Email from April 4, 2019, # 5 Exhibit 4 - Letter from April 12, 2019)(Krayeske, Kenneth) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
68

MOTION to Seal Unredacted Memorandum of Law in Support of Motion for Order to Remove Confidential Designation and Exhibit of Deposition Transcript by Robert Barfield. (Attachments: # 1 Memorandum in Support Of Motion to Seal, # 2 Text of Proposed Order To Seal)(Krayeske, Kenneth) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
69

SEALED MOTION Unredacted Memorandum in Support of Motion for Order to Remove COnfidential Designation and Exhibit 1, Deposition Transcript of Dr. Chad Zawitz by Robert Barfield. (Attachments: # 1 Exhibit 1 Dr. Chad Zawitz Deposition)(Krayeske, Kenneth) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
70

MOTION for Extension of Time until December 19, 2019 to Reply to 64 Memorandum in Opposition to Motion by Robert Barfield. (Krayeske, Kenneth) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
71

ORDER: The Court hereby schedules an in-court conference for October 24, 2019 at 10am. This will not be an evidentiary hearing on the pending motion for preliminary injunction. Rather, the parties shall be prepared to discuss (1) legal issues with respect to the preliminary injunction, (2) the extent and nature of any evidentiary hearing needed, including the number and identities of witnesses expected to testify and the amount of time needed to present the evidence; (3) whether they would be interested in a referral to a Magistrate Judge for settlement purposes; and (4) the sealing issues raised in Plaintiffs' 67 and 68 motions. In addition, the Plaintiffs' 70 motion for extension is GRANTED IN PART and DENIED IN PART. Plaintiffs shall have until October 31, 2019 to file a reply. The Court will address the Plaintiffs' requests to file a 25-page reply brief and add to the record at the October 24, 2019 conference.Finally, the Plaintiffs' 69 memorandum of law should have been filed as a sealed document and not as a sealed motion. The Clerk shall re-docket the 69 filing as a sealed document. Signed by Judge Michael P. Shea on 9/12/2019. (Ram, Megha) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

Order on Motion for Extension of Time

Sept. 12, 2019

Sept. 12, 2019

PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

Sept. 12, 2019

Sept. 12, 2019

PACER

Set Deadlines/Hearings

Sept. 12, 2019

Sept. 12, 2019

PACER
72

Sealed Document: Unredacted Memorandum in Support of Motion for Order to Remove Confidential Designation and Exhibit 1, Deposition Transcript of Dr. Chad Zawitz by Robert Barfield. (Attachments: # 1 Exhibit 1 Dr. Chad Zawitz Deposition) (Peterson, M) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

Set Deadlines/Hearings: Status Conference set for 10/24/2019 10:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea (Johnson, D.)

Sept. 12, 2019

Sept. 12, 2019

PACER

Set Deadlines as to 55 MOTION for Preliminary Injunction . Responses due by 10/31/2019 (Johnson, D.)

Sept. 12, 2019

Sept. 12, 2019

PACER
73

Consent RESPONSE re 66 MOTION Evidentiary Hearing re 65 Memorandum in Support of Motion filed by Robert Barfield. (Krayeske, Kenneth) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
74

MOTION for Issuance of Habeas for Court Appearance Order by Robert Barfield. (Krayeske, Kenneth) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
75

Memorandum in Opposition re 74 MOTION for Issuance of Habeas for Court Appearance Order filed by Rollin Cook. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Strom, Steven) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
76

ORDER: Plaintiff's motion 74 requesting that the court issue a writ of habeas corpus to have the Connecticut Department of Correction transport Mr. Barfield to district court to attend the 10/24/19 conference is DENIED. The conference will not be long and will be limited to a discussion of legal and scheduling issues. This does not warrant the expense and burden of transporting one of the several plaintiffs to the conference. Signed by Judge Michael P. Shea on 10/21/19. (Constantine, A.) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER

Order on Motion for Order

Oct. 21, 2019

Oct. 21, 2019

PACER
77

ORDER: As stated by the Court on the record during a status conference on 10/24/19, the court enters the following orders:The motion for preliminary injunction 55 is withdrawn at the request of the moving party.The defendant's motion for an evidentiary hearing 65 is denied as moot. The plaintiffs' motion to remove confidential designation 67 is granted for the reasons stated during the status conference. The plaintiffs' motion to seal 68 is denied as moot in light of the court's ruling on ECF 67. Signed by Judge Michael P. Shea on 10/24/2019. (Constantine, A.) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C

Key Dates

Filing Date: July 19, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff class ultimately comprised: “All inmates, both sentenced and unsentenced, who were, are, or will be confined in a Connecticut Department of Correction facility, since the filing of this complaint until March 1, 2022."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Connecticut Department of Correction, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run