Case: Buffkin v. Hooks

1:18-cv-00502 | U.S. District Court for the Middle District of North Carolina

Filed Date: June 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the hepatitis C virus (HCV) in North Carolina Prisons. On June 15, 2018, three HCV positive prisoners filed this lawsuit in U.S. District Court for the Middle District of North Carolina. The plaintiffs sued the North Carolina Department of Public Safety (DPS) under 42 U.S.C. §1983. Represented by the ACLU of North Carolina, the plaintiffs sought declaratory and injunctive relief, compensatory and punitive damages, and costs and attorney’s fees. Alleging that the agency’s HC…

This is a case about the hepatitis C virus (HCV) in North Carolina Prisons. On June 15, 2018, three HCV positive prisoners filed this lawsuit in U.S. District Court for the Middle District of North Carolina. The plaintiffs sued the North Carolina Department of Public Safety (DPS) under 42 U.S.C. §1983. Represented by the ACLU of North Carolina, the plaintiffs sought declaratory and injunctive relief, compensatory and punitive damages, and costs and attorney’s fees. Alleging that the agency’s HCV policy provided inadequate screening for HCV and denied direct-acting antiviral drugs (DAA) to infected prisoners who had not already suffered significant liver scarring, the plaintiffs claimed that DPS engaged in cruel and unusual punishment in violation of the Eighth Amendment and disability-based discrimination in violation of the Americans with Disabilities Act (ADA). On the day the plaintiffs filed this lawsuit, they also filed a motion to certify the class of: “all current and future prisoners in DPS custody who have or will have chronic HCV, at least 12 weeks remaining on their sentences, and have not been treated with DAAs.” The case was assigned to Judge William Osteen.

On September 14, 2018, the plaintiffs filed a motion for a preliminary injunction. The requested injunction would enjoin DPS’s then-existing HCV policy, require universal opt-out screening for HCV, and require the provision of DAA treatment to all members of the plaintiff class. On November 30, 2018, the magistrate judge issued a report recommending that the class, with a minor amendment, be certified and that the preliminary injunction be granted. Explaining that this class satisfied the two-step analysis for certification, the magistrate judge recommended the certification of the class of: “all current and future prisoners in DPS custody who have or will have chronic hepatitis C virus and have not been treated with direct-acting antiviral drugs.”

The magistrate judge also recommended that the plaintiffs’ motion for a preliminary injunction be granted. He found that the plaintiffs were likely to establish deliberate indifference to a serious medical need because (1) HCV was a serious medical need and (2) DPS’s policy for screening and treatment was inadequate in response to this serious medical need. He also found that the other prongs of the preliminary injunction analysis—irreparable harm to the moving party in the absence of an injunction, irreparable harm to the non-moving if the injunction were issued, and whether the injunction would be in the public interest—weighed in favor of granting the preliminary injunction.

A few months later, on March 20, 2019, the district court adopted the recommendation in part. The district court found that DPS’s policy was best viewed as a unitary policy and that the plaintiffs had standing to challenge portions of the policy that were not directly applicable to them—such as risk-based screening and certain listed contraindications to DAA treatment. With respect to the plaintiffs’ own injunctive relief, the court explained that DPS had provided no evidence to contradict plaintiffs’ expert testimony that they needed and had not received DAA treatment. The court stated: “In all candor, simply failing to treat plaintiffs for HCV after the presentation of evidence in this case appears to constitute deliberate indifference standing alone, without regard to events prior to the filing of this lawsuit.”

The court only partly agreed, however, with the class-wide relief recommended by the magistrate judge. The court found that—on the basis of seemingly medically unjustifiable contradictions included in the policy, the inaccuracy of current testing methods for liver damage, and the policy’s potential exclusion from treatment of those with less serious liver—DPS’s then-existing policy ought to be enjoined. But, expressing doubts that the medical guidance provided by the plaintiffs’ expert was necessary to avoid deliberate indifference, the court decided not to order universal opt-out screening and the provision of DAA treatment to all members of the class, as requested by the plaintiffs.

After the preliminary injunction, DPS issued an interim policy for the screening and treatment of HCV. The plaintiffs filed an affidavit from their expert arguing that the new policy did not meet the standard of care. The plaintiffs filed an amended complaint challenging this new policy and requesting, once again, a declaratory judgment, injunctive relief ordering DPS to conduct universal opt-out screening and to provide DAA treatment for members of the plaintiff class, and costs and attorney’s fees.

Pursuant to a local rule, the case was referred to mediation for a settlement conference in May, 2019. The settlement conference was postponed on several occasions before it was eventually held on February 28, 2020. Although the parties planned to continue the discussions on May 21, 2020, this meeting did not happen. Private settlement talks, however, continued.

On September 4, 2020, the plaintiffs’ counsel notified the court that the parties had arrived at a settlement in principle. The court issued an order staying deadlines for thirty days. A month later, on October 5, the parties filed a joint motion to approve the proposed consent decree. On November 6, the court preliminarily approved the consent decree. This approval, however, was subject to a fairness hearing, which the court scheduled for February 25, 2021. 

The hearing was held on March 1 and the court determined that the consent decree should be approved. In a March 8 order officially approving the consent decree, the court also pronounced that it retained “exclusive and continuing jurisdiction over the parties and all matters relating to this action for the term of the consent decree as set out.” The consent decree was intended to expand screening and maintain or improve existing treatment rates with DAAs. DPS committed to starting DAA treatment for 2,100 or more class members by the expiration of the settlement. The Department also agreed to a number of terms designed to improve awareness and understanding of HCV, such as putting up informational posters, providing tablets to inmates, and requiring nurses to ask patients if they wish to be screened for HCV. Under the plan, DPA was also required to continue to provide screening upon request. The Department further agreed to assess methods for reducing transmission of HCV, including by supplying disinfectant and cleaning supplies. The agreement also directed defendants, in deciding whether to supply DAA treatment, to consider an inmate’s release date only if the inmate did not have enough time remaining to complete the course of treatment.

On October 19, 2021, the parties arrived at a settlement regarding attorney’s fees and costs. The notice of settlement, however, does not provide any information about the nature of the agreement.

Summary Authors

Evan Gamza (5/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7173317/parties/buffkin-v-hooks/

Documents in the Clearinghouse

Document

1:18-cv-00502

Civil Docket for Case #: 1:18-cv-00502-WO-JLW

Sept. 9, 2021

Sept. 9, 2021

Docket
1

1:18-cv-00502

Class Action Complaint

June 15, 2018

June 15, 2018

Complaint
38

1:18-cv-00502

Memorandum Opinion and Recommendation of United States Magistrate Judge

2018 WL 6271855

Nov. 30, 2018

Nov. 30, 2018

Magistrate Report/Recommendation
131-1

1:18-cv-00502

Consent Decree

March 8, 2021

March 8, 2021

Settlement Agreement
147

1:18-cv-00502

Order

Buffkin v. Hoekstra

Nov. 10, 2021

Nov. 10, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7173317/buffkin-v-hooks/

Last updated June 9, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2370171.), filed by LLOYD BUFFKIN, ROBERT PARHAM, KIM CALDWELL. (Attachments: # 1 Affidavit of Dr. Andrew Joseph Muir)(LUECKING-SUNMAN, MICHELE) (Entered: 06/15/2018)

1 Affidavit of Dr. Andrew Joseph Muir

View on RECAP

June 15, 2018

June 15, 2018

Clearinghouse

Case Assigned

June 15, 2018

June 15, 2018

PACER
2

NOTICE of Appearance by attorney EMILY E. SEAWELL on behalf of Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM (SEAWELL, EMILY) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
3

MOTION to Certify Class by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. Response to Motion due by 7/6/2018 (Attachments: # 1 Exhibit A, Declaration of Lloyd Buffkin, # 2 Exhibit B, Declaration of Robert Parham, # 3 Exhibit C, Declaration of Kim Caldwell, # 4 Exhibit D, Affidavit of Paula Smith, # 5 Exhibit E, EDNC Discovery, # 6 Exhibit F, Declaration of Michele-Luecking Sunman, # 7 Exhibit G, Declaration of Christopher Brook)(SEAWELL, EMILY) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
4

BRIEF re 3 MOTION to Certify Class . (SEAWELL, EMILY) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
5

NOTICE of Appearance by attorney CHRISTOPHER A. BROOK on behalf of Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM (BROOK, CHRISTOPHER) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER

Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle)

June 15, 2018

June 15, 2018

PACER

CASE REFERRED for Screening. (Coyne, Michelle)

June 18, 2018

June 18, 2018

PACER

Case Referred for Screening

June 18, 2018

June 18, 2018

PACER
6

Summons Issued as to All Defendants. (Attachments: # 1 NCDPS, # 2 LASSITER, # 3 HOOKS, # 4 AGARWAL)(Coyne, Michelle) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
7

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 CONSENT FORM)(Coyne, Michelle) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
8

CERTIFICATE OF SERVICE by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM re 4 Brief, 3 MOTION to Certify Class (Amended Certificate of Service) (SEAWELL, EMILY) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
9

NOTICE of Appearance by attorney DANIEL K. SIEGEL on behalf of Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM (SIEGEL, DANIEL) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
10

AFFIDAVIT OF SERVICE as to ABHAY AGARWAL served on 6/22/2018, answer due 7/13/2018. (Attachments: # 1 Affidavit of Service)(LUECKING-SUNMAN, MICHELE) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
11

AFFIDAVIT OF SERVICE as to ERIK HOOKS served on 6/22/2018, answer due 7/13/2018. (Attachments: # 1 Affidavit of Service)(LUECKING-SUNMAN, MICHELE) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
12

AFFIDAVIT OF SERVICE as to KENNETH LASSITER served on 6/22/2018, answer due 7/13/2018. (Attachments: # 1 Affidavit of Service)(LUECKING-SUNMAN, MICHELE) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
13

AFFIDAVIT OF SERVICE as to NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY served on 6/22/2018, answer due 7/13/2018. (Attachments: # 1 Affidavit of Service)(LUECKING-SUNMAN, MICHELE) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
14

AFFIDAVIT OF SERVICE as to PAULA SMITH served on 6/20/2018, answer due 7/11/2018. (Attachments: # 1 Affidavit of Service)(LUECKING-SUNMAN, MICHELE) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
15

NOTICE of Appearance by attorney JOSEPH FINARELLI on behalf of Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH (FINARELLI, JOSEPH) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER

Order on Motion for Extension of Time to Answer

July 10, 2018

July 10, 2018

PACER
16

Consent MOTION for Extension of Time to File Answer re 1 Complaint by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. (Attachments: # 1 Text of Proposed Order Proposed Order Granting MET)(FINARELLI, JOSEPH) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER

ORDER granting 16 Motion for Extension of Time to Answer for All Defendants. Answer due by 8/11/2018. Signed by John Brubaker, Clerk of Court, on 07/10/2018. (Brubaker, John)

July 10, 2018

July 10, 2018

PACER
17

NOTICE of Appearance by attorney ANN W. MATTHEWS on behalf of Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH (MATTHEWS, ANN) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
18

NOTICE of Appearance by attorney ORLANDO L. RODRIGUEZ on behalf of Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH (RODRIGUEZ, ORLANDO) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
19

Consent MOTION for Extension of Time to File Answer re 1 Complaint by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, ORLANDO) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
20

MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, ORLANDO) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER

Motions Referred

Aug. 10, 2018

Aug. 10, 2018

PACER

Motions Referred: RE: 19 Consent MOTION for Extension of Time to File Answer re 1 Complaint, to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin)

Aug. 10, 2018

Aug. 10, 2018

PACER

Order on Motion for Extension of Time to Answer

Aug. 15, 2018

Aug. 15, 2018

PACER

TEXT ORDER granting 19 Motion for Extension of Time to Answer filed by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. Defendants shall have up to and including September 12, 2018, in which to appear and answer or otherwise respond in this action. Issued by MAG/JUDGE JOE L. WEBSTER on 8/15/2018. (Lee, Pedra)

Aug. 15, 2018

Aug. 15, 2018

PACER

Update Answer Deadline

Aug. 16, 2018

Aug. 16, 2018

PACER

Answer updated for All Defendants. (Contreras, Jamie)

Aug. 16, 2018

Aug. 16, 2018

PACER
21

RESPONSE in Opposition re 20 MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class filed by KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH, ABHAY AGARWAL, ERIK HOOKS filed by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. Replies due by 9/7/2018 (SEAWELL, EMILY) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
22

NOTICE of Appearance by attorney CORRINE L. LUSIC on behalf of Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH (LUSIC, CORRINE) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
23

REPLY, filed by Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH, to Response to 20 MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class filed by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. (Attachments: # 1 Affidavit of Orlando L. Rodriguez)(RODRIGUEZ, ORLANDO) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
24

Corrected document re 23 Reply to Response to Motion,. (Attachments: # 1 Affidavit of Orlando L. Rodriguez)(RODRIGUEZ, ORLANDO) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER

Motions Referred

Sept. 11, 2018

Sept. 11, 2018

PACER

Motion Referred re: 20 MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)

Sept. 11, 2018

Sept. 11, 2018

PACER
25

ANSWER to 1 Complaint with Jury Demand by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. (RODRIGUEZ, ORLANDO) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
26

MOTION for Preliminary Injunction by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. Response to Motion due by 10/5/2018 (SIEGEL, DANIEL) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

RECAP
27

BRIEF re 26 MOTION for Preliminary Injunction by Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM filed by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. (Attachments: # 1 Affidavit Amended Affidavit of Dr. Andrew Joseph Muir, # 2 Exhibit DPS Policy CP-7, # 3 Affidavit Affidavit of Paula Smith, # 4 Exhibit Discovery Responses, # 5 Exhibit AASLD/IDSA Guidelines, # 6 Exhibit Medical Records of Jacki Housand)(SIEGEL, DANIEL) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
28

MOTION for Hearing re 26 MOTION for Preliminary Injunction by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. Responses due by 10/5/2018 (SIEGEL, DANIEL) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER

Order

Sept. 17, 2018

Sept. 17, 2018

PACER

TEXT ORDER: Re 20 Motion for Extension of Time to File Response/Reply as to 3 Motion to Certify Class. The parties are ordered to meet and confer no later than Friday, September 21, 2018, regarding Motion 20 . If the parties are unable to resolve the issue presented in Motion 20, the Court will schedule this matter for a hearing on Tuesday, September 25, 2018 at 9:30am, in Durham, North Carolina. Issued by MAG/JUDGE JOE L. WEBSTER on 9/17/2018. (Lee, Pedra)

Sept. 17, 2018

Sept. 17, 2018

PACER
29

NOTICE by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH re Order, (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, ORLANDO) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER

Case Referred to Magistrate Judge

Sept. 21, 2018

Sept. 21, 2018

PACER

Set/Reset Motion and R and R Deadlines/Hearings

Sept. 21, 2018

Sept. 21, 2018

PACER

CASE REFERRED RE: 29 Notice (Other), to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)

Sept. 21, 2018

Sept. 21, 2018

PACER
30

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 09/21/2018. Therefore, for reasons set forth in Defendants' Notice to the Court and Motion for Entry of Consent Order and for good cause shown, IT IS HEREBY ORDERED that Defendants shall have up to and including October 5, 2018, in which to file a response to Plaintiffs' Motion to Certify Class. FURTHER that the Motion of Defendants Nunc Pro Tum, for an Enlargement of Time to Respond to Plaintiffs Motion to Certify Class (Docket Entry 20 ) isDENIED as moot. FURTHER that no hearing shall be scheduled for September 25,2018.(Taylor, Abby) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER

Set/Reset Motion and R and R Deadlines/Hearings re 3 MOTION to Certify Class : Defendants Responses due by 10/5/2018 (Taylor, Abby)

Sept. 21, 2018

Sept. 21, 2018

PACER

Motions Submitted

Sept. 24, 2018

Sept. 24, 2018

PACER

Motion Submitted re: 28 MOTION for Hearing re 26 MOTION for Preliminary Injunction, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)

Sept. 24, 2018

Sept. 24, 2018

PACER

Motions No Longer Submitted

Oct. 5, 2018

Oct. 5, 2018

PACER

Motion No Longer Submitted to JUDGE WILLIAM L. OSTEEN, JR. re: 28 MOTION for Hearing as to 26 MOTION for Preliminary Injunction (Welch, Kelly)

Oct. 5, 2018

Oct. 5, 2018

PACER

Motions Referred

Oct. 5, 2018

Oct. 5, 2018

PACER

Motion Referred re: 28 MOTION for Hearing on 26 MOTION for Preliminary Injunction, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)

Oct. 5, 2018

Oct. 5, 2018

PACER
31

RESPONSE filed by Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH re 3 MOTION to Certify Class filed by ROBERT PARHAM, KIM CALDWELL, LLOYD BUFFKIN filed by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. Replies due by 10/19/2018 (LUSIC, CORRINE) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

RECAP
32

RESPONSE in Opposition re 26 MOTION for Preliminary Injunction filed by ROBERT PARHAM, KIM CALDWELL, LLOYD BUFFKIN filed by ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. Replies due by 10/19/2018 (Attachments: # 1 Affidavit of Anita Wilson, M.D., # 2 Exhibit A to Wilson Affidavit, # 3 See ECF - Corrected Document 48 Exhibit B to Wilson Affidavit, # 4 Exhibit B-1 to Wilson Affidavit, # 5 Exhibit C to Wilson Affidavit, # 6 Exhibit D to Wilson Affidavit)(RODRIGUEZ, ORLANDO) Modified on 3/7/2019 - See Corrected Document 48 re: Exhibit B to Wilson Affidavit (Welch, Kelly). (Entered: 10/05/2018)

1 Affidavit of Anita Wilson, M.D.

View on PACER

2 Exhibit A to Wilson Affidavit

View on PACER

3 Exhibit B to Wilson Affidavit

View on PACER

4 Exhibit B-1 to Wilson Affidavit

View on PACER

5 Exhibit C to Wilson Affidavit

View on PACER

6 Exhibit D to Wilson Affidavit

View on PACER

Oct. 5, 2018

Oct. 5, 2018

RECAP

Order Filed for Hearing

Oct. 15, 2018

Oct. 15, 2018

PACER

TEXT ORDER granting 28 Plaintiff's Motion for Hearing on 26 Plaintiff's Motion for Preliminary Injunction. The Motion Hearing in this matter shall be scheduled for Monday, October 29, 2018 at 10am in Durham, Courtroom Second Floor. Issued by MAG/JUDGE JOE L. WEBSTER on 10/15/2018.(Lee, Pedra)

Oct. 15, 2018

Oct. 15, 2018

PACER

Set/Reset Deadlines/Hearings

Oct. 15, 2018

Oct. 15, 2018

PACER

Set Hearings: Motion Hearing as to 26 Motion for Preliminary Injunction set for 10/29/2018 10:00 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)

Oct. 15, 2018

Oct. 15, 2018

PACER
33

NOTICE of Appearance by attorney CRISTINA M. BECKER on behalf of Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM (BECKER, CRISTINA) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
34

REPLY, filed by Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM, to Response to 26 MOTION for Preliminary Injunction filed by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. (Attachments: # 1 Exhibit Second Declaration of Robert Parham, # 2 Exhibit Additional Medical Record of Lloyd Buffkin, # 3 Exhibit Additional Medical Records of Kim Caldwell)(SIEGEL, DANIEL) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
35

REPLY, filed by Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM, to Response to 3 MOTION to Certify Class filed by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. (SEAWELL, EMILY) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER

Motions Referred

Oct. 23, 2018

Oct. 23, 2018

PACER

Motions Referred: re: 3 MOTION to Certify Class, 26 MOTION for Preliminary Injunction, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)

Oct. 23, 2018

Oct. 23, 2018

PACER
36

NOTICE of Appearance by attorney AMAR MAJMUNDAR on behalf of Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH (MAJMUNDAR, AMAR) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
37

Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Motion Hearing held on 10/29/2018 re: 26 MOTION for Preliminary Injunction filed by ROBERT PARHAM, KIM CALDWELL, LLOYD BUFFKIN. Attorneys Christopher Brook, Daniel Siegel, Emily Seawell present as counsel for Plaintiffs, Amar Majmundar, Joseph Finarelli and Orlando Rodriguez present as counsel for Defendants. Evidence presented. Matter taken under advisement. Case set for a hearing on 3 Motion to Certify Class 11/5/18 at 10:00 am in Durham, NC (Court Reporter Briana Bell.) (Garrett, Kim) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

Set/Reset Deadlines/Hearings

Oct. 29, 2018

Oct. 29, 2018

PACER

Set Hearings: Hearing on 3 Motion to Certify Class set for 11/5/2018 10:00 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)

Oct. 29, 2018

Oct. 29, 2018

PACER

Motion Hearing

Nov. 5, 2018

Nov. 5, 2018

PACER

Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Motion Hearing held on 11/5/2018 re 3 MOTION to Certify Class filed by ROBERT PARHAM, KIM CALDWELL, LLOYD BUFFKIN. Court takes matter under advisement. Attorneys Christopher Brook, Christina Becker, Daniel Siegel, Emily Seawell and Michelle Luecking-Sunman appeared as counsel for plaintiffs. Attorneys Amar Majmundar, Joseph Finareli and Orlando Rodriguez appeared as counsel for the defendants. (Court Reporter Briana Bell.) (Winchester, Robin)

Nov. 5, 2018

Nov. 5, 2018

PACER
38

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 11/30/2018, that Plaintiff's Motion to Certify Class (Docket Entry 3 ) be GRANTED and the class be defined as "all current and future prisoners in DPS custody who have or will have chronic hepatitis C virus and have not been treated with direct-acting antiviral drugs." FURTHER RECOMMENDED that Lloyd Buffkin and Robert Parham be named as class representatives and that Plaintiffs' counsel be appointed as class counsel. FURTHER RECOMMENDED that Plaintiffs' Motion for Preliminary Injunction (Docket Entry 26 ) be GRANTED and a preliminary injunction be issued ordering Defendants to: (1) provide universal opt-out HCV screening to all persons who are or will be in DPS custody; (2) cease denying DAA treatment for the contraindications, other than patient refusal, set out in Step 4a of DPS Policy #CP-7; and (3) treat Plaintiffs and all members of their class with DAAs according to the current standard of medical care set out in the AASLD/IDSA Guidance, regardless of an individual's fibrosis level. (Garland, Leah) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
39

Notice of Mailing Recommendation: Objections to R&R due by 12/14/2018. Objections to R&R for Pro Se due by 12/17/2018. (Garland, Leah) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
40

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 38 Recommended Ruling - Magistrate Judge,,,, by Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH . (LUSIC, CORRINE) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
41

Transcript of Proceedings held on 10/29/2018, before Judge Joe L. Webster. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/14/2019. Redacted Transcript Deadline set for 1/25/2019. Release of Transcript Restriction set for 3/25/2019. (Bell, Briana) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
42

Transcript of Proceedings held on 11/05/2018, before Judge Joe L. Webster. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/14/2019. Redacted Transcript Deadline set for 1/25/2019. Release of Transcript Restriction set for 3/25/2019. (Bell, Briana) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
43

RESPONSE TO OBJECTION to 40 Recommended Ruling filed by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM. (Attachments: # 1 Exhibit Transcript of 10-29-18 Preliminary Injunction Hearing, # 2 Exhibit Transcript of 11-5-18 Class Certification Hearing)(SIEGEL, DANIEL) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
44

MOTION to Withdraw as Attorney ANN W. MATTHEWS by on behalf of ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. Responses due by 1/23/2019 (Attachments: # 1 Text of Proposed Order)(MATTHEWS, ANN) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER

Case Referred to Magistrate Judge

Jan. 4, 2019

Jan. 4, 2019

PACER

CASE REFERRED re: 38 RECOMMENDED RULING - MAGISTRATE JUDGE re 3 MOTION to Certify Class filed by ROBERT PARHAM, KIM CALDWELL, LLOYD BUFFKIN, to Judge MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)

Jan. 4, 2019

Jan. 4, 2019

PACER

Motions Referred

Jan. 4, 2019

Jan. 4, 2019

PACER

Motion Referred re: 44 MOTION to Withdraw as Attorney ANN W. MATTHEWS, to MAG/JUDGE JOE L. WEBSTER (Welch, Kelly)

Jan. 4, 2019

Jan. 4, 2019

PACER

Order on Motion to Withdraw as Attorney

Jan. 7, 2019

Jan. 7, 2019

PACER

TEXT ORDER granting 44 Motion to Withdraw as Attorney. For good cause shown, Attorney ANN W. MATTHEWS shall be terminated as counsel for Defendants. Issued by MAG/JUDGE JOE L. WEBSTER on 1/7/2019.(Lee, Pedra)

Jan. 7, 2019

Jan. 7, 2019

PACER

Case Referred to Judge

Jan. 8, 2019

Jan. 8, 2019

PACER

CASE REFERRED RE: 38 RECOMMENDED RULING - MAGISTRATE JUDGE re 3 MOTION to Certify Class to JUDGE WILLIAM L. OSTEEN, JR. (Marsh, Keah)

Jan. 8, 2019

Jan. 8, 2019

PACER
45

NOTICE OF HEARING: Motion Hearing set for 3/08/2019 02:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
46

REQUEST by Plaintiffs LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM for Leave to Present the Live Testimony of Dr. Andrew Muir re 26 MOTION for Preliminary Injunction . (Attachments: # 1 Text of Proposed Order)(SEAWELL, EMILY) Modified on 3/7/2019 to edit event (Welch, Kelly). (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER

Motions Submitted

March 7, 2019

March 7, 2019

PACER

Motion Submitted: 46 MOTION for Leave to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)

March 7, 2019

March 7, 2019

PACER
47

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/7/2019; that Plaintiffs' request to present the live testimony of Dr. Muir during the March 8, 2019 hearing on Plaintiffs' Motion for Preliminary Injunction will be allowed. Plaintiffs should be cognizant of the fact this court has reviewed, by transcript, the testimony of Dr. Muir before the Magistrate Judge. (Sheets, Jamie) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
48

CORRECTED DOCUMENT (Replacement of Attachment 3 - Exhibit B to Wilson Affidavit) in support of 32 Response in Opposition to Motion for Preliminary Injunction. (Main Document - pages 1-100; Attachment 1 - pages 101-200; Attachment 2 - pages 201-263) NEF regenerated to all counsel. (Welch, Kelly) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
49

NOTICE of Appearance by attorney SHANNON J. CASSELL on behalf of Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH (CASSELL, SHANNON) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
50

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Motion Hearing held on 3/8/2019 re 26 Plaintiffs' Motion for Preliminary Injunction. Counsel present on behalf of Plaintiffs: Daniel Siegel, Michelle Luecking-Sunman, Emily Seawell, Christina Becker & Christopher Brook. Counsel present on behalf of Defendants: Orlando Rodriguez, Shannon Cassell, Joseph Finarelli & Corrine Lusic. Court heard arguments from counsel. (Evidence presented) (Court Reporter Joseph Armstrong.) (Welch, Kelly) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
51

Transcript of Hearing on Preliminary Injunction held on 03/08/2019, before Judge William L. Osteen, Jr. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Email: joseph_armstrong@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 4/8/2019. Redacted Transcript Deadline set for 4/18/2019. Release of Transcript Restriction set for 6/17/2019. (Armstrong, Joe) (Main Document 51 replaced on 3/18/2019) (Contreras, Jamie). (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
52

SUPPLEMENT re 32 Response in Opposition to Motion,, Supplemental Affidavit of Dr. Anita Wilson by Defendants ABHAY AGARWAL, ERIK HOOKS, KENNETH LASSITER, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PAULA SMITH. (Attachments: # 1 Exhibit A to Supplemental Affidavit of Dr. Wilson)(RODRIGUEZ, ORLANDO) (Entered: 03/15/2019)

1 Exhibit A to Supplemental Affidavit of Dr. Wilson

View on RECAP

March 15, 2019

March 15, 2019

PACER
53

NOTICE by LLOYD BUFFKIN, KIM CALDWELL, ROBERT PARHAM (SIEGEL, DANIEL) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER

Case Referred to Judge

March 18, 2019

March 18, 2019

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Incarcerated individuals with Hepatitis C

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

North Carolina Department of Public Safety (Raleigh, North Carolina), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2021 - 2026

Content of Injunction:

Goals (e.g., for hiring, admissions)

Issues

General:

Conditions of confinement

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Hepatitis

Medication, administration of