Case: Loisel v. Clinton

1:19-cv-00081 | U.S. District Court for the District of Maine

Filed Date: Feb. 1, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action lawsuit, brought by persons in the custody of the Maine Department of Corrections with chronic Hepatitis C, challenged the Department's Hepatitis C care and treatment policies. Plaintiffs, represented by private counsel, filed their suit on February 21, 2019 in the U.S. District Court for the District of Maine. The plaintiffs sued under the Americans with Disabilities Act and 42 U.S.C. 1983, alleging that the defendants’ policies for treating Hepatitis C violated the Eighth an…

This class action lawsuit, brought by persons in the custody of the Maine Department of Corrections with chronic Hepatitis C, challenged the Department's Hepatitis C care and treatment policies. Plaintiffs, represented by private counsel, filed their suit on February 21, 2019 in the U.S. District Court for the District of Maine. The plaintiffs sued under the Americans with Disabilities Act and 42 U.S.C. 1983, alleging that the defendants’ policies for treating Hepatitis C violated the Eighth and Fourteenth Amendment. Plaintiffs were represented by attorneys from Berman & Simmons and Andrew Schmidt Law PLLC—both of which are plaintiffs firms. The case was assigned to Judge Nancy Torresen.

Hepatitis C (HCV) is a blood-borne infectious disease that commonly causes scarring of the liver. According to plaintiffs, the standard of care for chronic HCV is an 8 to 12-week course of daily oral medications known as direct-acting antivirals (DAA). DAA treatment should begin as early as possible, states plaintiff's complaint, or else the chances of curing HCV with DAA decreases. Plaintiffs allege that the defendants created and enforced a policy that restricted the treatment of chronic HCV among Maine’s prison population. According to the plaintiffs, the defendants’ treatment approach contravenes prevailing medical guidelines.

The plaintiffs filed an amended complaint on June 26, 2019. The complaint repeated the same claims for relief as the original complaint, but also sought class certification on behalf of all persons in the custody of Maine DOC who have been incarcerated for at least 14 days and have been diagnosed with chronic HCV but who have not been prescribed DAA treatment, despite its appropriateness. 

According to emails obtained by plaintiff from defendants, approximately 580 individuals were living with HCV in Maine DOC facilities but only three were receiving DAA treatment.

On July 27, 2020, the court granted the parties’ joint motion to stay the case proceedings on the grounds that they had reached an interim agreement. In their December 17, 2020 status report, the parties notified the court that they were close to finalizing the settlement and expected that no further litigation would be necessary. The case was dismissed on November 12, 2021. 

The Clearinghouse has not yet been able to obtain a copy of the settlement agreement, however, the terms of the settlement agreement included providing named plaintiff and others people in prison with chronic HCV with DAA treatment through at least 2022. Under Maine DOC’s previous policy, individuals incarcerated in Maine DOC facilities could not receive treatment unless they could show proof that the progression of HCV had caused extensive liver damage. 

This case is now closed.

Summary Authors

Jordan Katz (12/2/2021)

Hannah Juge (8/21/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14607474/parties/loisel-v-clinton/


Judge(s)

Nivison, John C. (Maine)

Torresen, Nancy (Maine)

Attorneys(s) for Plaintiff

Asen, Taylor (Maine)

Johnson, Miriam (Maine)

Mancuso, Peter G. (Maine)

Schmidt, Andrew A (Maine)

Attorneys(s) for Defendant

Bolton, Jonathan R (Maine)

Hatch, Robert C (Maine)

Peck, Elizabeth K (Maine)

Ross, Alisa (Maine)

Judge(s)

Nivison, John C. (Maine)

Torresen, Nancy (Maine)

Attorneys(s) for Plaintiff

Asen, Taylor (Maine)

Johnson, Miriam (Maine)

Mancuso, Peter G. (Maine)

Schmidt, Andrew A (Maine)

Attorneys(s) for Defendant

Bolton, Jonathan R (Maine)

Hatch, Robert C (Maine)

Peck, Elizabeth K (Maine)

Ross, Alisa (Maine)

Wahrer, Benjamin (Maine)

Documents in the Clearinghouse

Document

1:19-cv-00081

Docket [PACER]

Sept. 2, 2021

Sept. 2, 2021

Docket
1

1:19-cv-00081

Civil Rights Action 42 U.S.C § 1983 Request for Declaratory and Injunctive Relief

Feb. 21, 2019

Feb. 21, 2019

Complaint
26

1:19-cv-00081

Amended Complaint

June 26, 2019

June 26, 2019

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14607474/loisel-v-clinton/

Last updated Dec. 19, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ROBERT CLINTON, RICHARD LIBERTY, filed by MATHIEW LOISEL. (Service of Process Deadline 5/22/2019) (Attachments: # 1 Envelope)(sfw) (Entered: 02/21/2019)

1 Envelope

View on PACER

Feb. 21, 2019

Feb. 21, 2019

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis by MATHIEW LOISEL (Attachments: # 1 Affidavit in support of Motion for IFP, # 2 Certificate of Account, # 3 Trust Account Statement)(sfw) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
3

NOTICE re 2 MOTION for Leave to Proceed in forma pauperis filed by MATHIEW LOISEL. Although the Clerk's Office has no obligation to review pleadings for personal identifiers, please note that the above-referenced document contains personal identifiers in violation of Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1. This will be the only Notice of Violation of Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1 you will receive in this case. The filing party may remedy this violation by filing a redacted version of the document adding REDACTED to the top of the filing along with, a Motion to Seal the previously filed unredacted document. If no action is taken, the unredacted document will remain publicly available. (sfw) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's intent to proceed due 3/15/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER

Set Deadlines: Prisoner Intent to Proceed Deadline 3/15/2019. (MFS)

Feb. 22, 2019

Feb. 22, 2019

PACER
5

INDICATION by Prisoner MATHIEW LOISEL of Intent to Proceed; Prison Business office notified. (Attachments: # 1 Envelope)(mnw) (Entered: 03/05/2019)

1 Envelope

View on PACER

March 4, 2019

March 4, 2019

PACER
6

MOTION to Extend Time to pay initial partial filing fee by MATHIEW LOISEL. No PDF document is attached to this docket entry. The motion to extend time is incorporated within intent to proceed #5. To view PDF document, see ECF No. 5. (mnw) (Entered: 03/05/2019)

March 4, 2019

March 4, 2019

PACER
7

LETTER from the Clerk's Office regarding the collection of fees. (mnw) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
8

ORDER granting 6 Motion to Extend Time to Pay Initial Partial Filing Fee. Time is extended as requested. The partial filing fee will be forwarded to the Court by the Institution in accordance with the Court's order granting Plaintiff's request to proceed in forma pauperis. (Order, ECF No. 4.) By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER

Order on Motion to Extend Time

March 5, 2019

March 5, 2019

PACER
9

ORDER FOR SERVICE: The Clerk is directed to prepare the necessary documents for service by the U.S. Marshal. The U.S. Marshal may attempt service by waivers in the first instance. If no waiver(s) is/are timely returned, the Clerk is directed to prepare summons(es) for service in hand by the U.S. Marshal. By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER

Order for Service

March 7, 2019

March 7, 2019

PACER

USM Service Form 285 and appropriate Service Documents completed and given to the U.S. Marshal Service along with a copy of the Complaint and Order Directing Service. (slg)

March 7, 2019

March 7, 2019

PACER
10

MAIL (NEF of ECF No. 9 Order for Service & NEF of USM Service Entry ) sent to Mathiew Loisel returned as undeliverable. Reason: Refused, Unable to Forward. (mnw) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
11

WAIVER OF SERVICE Returned Executed as to ROBERT CLINTON. Waiver sent on 3/12/2019. Answer due by 5/13/2019. (mnw) (Entered: 04/29/2019)

April 26, 2019

April 26, 2019

PACER
12

WAIVER OF SERVICE Returned Executed as to RICHARD LIBERTY. Waiver sent on 3/12/2019. Answer due by 5/13/2019. (mnw) (Entered: 04/29/2019)

April 26, 2019

April 26, 2019

PACER

Set Deadlines : No answer or responsive pleading filed by ROBERT CLINTON & RICHARD LIBERTY : Check for the Filing of a Motion for Entry of Default on 6/14/2019. (mnw)

May 15, 2019

May 15, 2019

PACER
13

LETTER by MATHIEW LOISEL. (Attachments: # 1 Envelope)(mjlt) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
14

MOTION for Entry of Default as to Defendants Robert Clinton and Richard Liberty filed by MATHIEW LOISEL (Attachments: # 1 Declaration of Mathiew Loisel, # 2 Envelope)(mnw) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
15

NOTICE of Appearance by ROBERT C. HATCH on behalf of ROBERT CLINTON, RICHARD LIBERTY (HATCH, ROBERT) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
16

MOTION to Set Aside 14 MOTION for Entry of Default by ROBERT CLINTON, RICHARD LIBERTY Responses due by 6/19/2019. (Attachments: # 1 Exhibit A-Affidavit of Robert C. Hatch, # 2 Exhibit B-Proposed Answer)(HATCH, ROBERT) Modified on 5/30/2019 to clean up duplicate exhibit text (mnw). Added MOTION for Leave to File Late Answer on 5/30/2019 (mnw). (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
17

NOTICE of Appearance by BENJAMIN WAHRER on behalf of All Defendants (WAHRER, BENJAMIN) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
18

ORDER granting 14 Motion for Entry of Default (no answer or responsive pleading having been filed) as to ROBERT CLINTON and RICHARD LIBERTY. By Melody Whitten, Deputy Clerk (mnw) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER

Order on Motion for Entry of Default

May 30, 2019

May 30, 2019

PACER
19

NOTICE of Appearance by PETER G. MANCUSO on behalf of MATHIEW LOISEL (MANCUSO, PETER) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
20

NOTICE of Appearance by ANDREW A. SCHMIDT on behalf of MATHIEW LOISEL (SCHMIDT, ANDREW) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
21

NOTICE of Appearance by TAYLOR ANDREW ASEN on behalf of MATHIEW LOISEL (ASEN, TAYLOR) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
22

Unopposed MOTION to Amend for Leave to File Amended Complaint by MATHIEW LOISEL Responses due by 7/9/2019. (ASEN, TAYLOR) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
23

NOTICE of Appearance by MIRIAM A. JOHNSON on behalf of MATHIEW LOISEL (JOHNSON, MIRIAM) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
24

ORDER granting 22 Motion for Leave to File Amended Complaint. Plaintiff shall file the amended complaint on or before June 26, 2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER

Set Deadlines per order #24: Amended Complaint due by 6/26/2019. (clp)

June 19, 2019

June 19, 2019

PACER

Order on Motion to Amend

June 19, 2019

June 19, 2019

PACER
25

ORDER ON DEFENDANTS' MOTION TO SET ASIDE DEFAULT granting 16 Motion to Set Aside Default; granting 16 Motion for Leave to File Response By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
26

First AMENDED COMPLAINT (Demand for Jury Trial, Injunctive Relief, and Class Certification Requested) against All Defendants, filed by MATHIEW LOISEL. (Service of Process Deadline 9/24/2019) (Attachments: # 1 Exhibit DOC email obtained via FOAA request)(ASEN, TAYLOR) (Entered: 06/26/2019)

1 Exhibit DOC email obtained via FOAA request

View on RECAP

June 26, 2019

June 26, 2019

Clearinghouse
27

Summons Issued as to WELLPATH LLC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
28

NOTICE: The Court has completed its preliminary review and ordered the complaint to be served. Pursuant to the Agreement on Service between the Clerk of Court and the Maine Attorney General, this Notice constitutes service as directed by the Court. The Maine Attorney General shall file notice of acceptance or declination of acceptance of service within 30 days. (Deadline to File Acceptance or Declination of Acceptance of Service is 7/29/2019) (mnw) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
29

AGREEMENT of Acceptance of Service by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS (ROSS, ALISA) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER

Set Answer Deadline for RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS Per Notice #28: Answer due by 8/27/2019. (slg)

July 1, 2019

July 1, 2019

PACER
30

NOTICE of Appearance by JONATHAN R. BOLTON on behalf of RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS (BOLTON, JONATHAN) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
31

NOTICE of Appearance by ALISA ROSS on behalf of RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS (ROSS, ALISA) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
32

Consent MOTION to Extend Time to File Answer re 26 Amended Complaint by ROBERT CLINTON, MD & RICHARD LIBERTY. Responses due by 7/29/2019. (HATCH, ROBERT) Modified on 7/9/2019 to remove Wellpath LLC as filer (mnw). (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
33

NOTICE of Docket Entry Modification regarding 32 Consent MOTION to Extend Time to File Answer re 26 Amended Complaint : Docket entry modified by the Clerk's Office to remove Wellpath LLC as filer as the request to extend time is only being made on behalf of defendants Robert Clinton and Richard Liberty. (mnw) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
34

ORDER granting 32 Motion to Extend Time to File Response to Amended Complaint. Time is extended to July 24, 2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER

Order on Motion for Extension of Time to Answer

July 9, 2019

July 9, 2019

PACER

Reset Answer Deadline for ROBERT CLINTON, MD & RICHARD LIBERTY : Per Order #34: Answer due by 7/24/2019. (mnw)

July 9, 2019

July 9, 2019

PACER
35

SUMMONS Returned Executed by MATHIEW LOISEL. WELLPATH LLC served on 7/3/2019. (ASEN, TAYLOR) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER

Set Answer Deadline for WELLPATH LLC - Per Summons Returned Executed #35: Answer due by 7/24/2019. (mnw)

July 10, 2019

July 10, 2019

PACER
36

CORPORATE DISCLOSURE STATEMENT by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC. (HATCH, ROBERT) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
37

ANSWER to 26 Amended Complaint, by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC.(HATCH, ROBERT) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

RECAP
38

ANSWER to 26 Amended Complaint, by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS.(BOLTON, JONATHAN) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

RECAP
39

SCHEDULING ORDER: Discovery due by 1/15/2020. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 1/22/2020. Motions due by 2/5/2020. Ready for Trial on 4/7/2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
40

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: Melissa Merenberg) (MFS) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

PACER
41

ORDER setting Settlement Conference for 11/21/2019 at 8:30 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 11/14/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS). Modified on 9/24/2019 to add main document (jgd). (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
42

(Access to document is restricted to case participants only) MOTION for Writ of Habeas Corpus ad Testificandum of Mathiew Loisel by MATHIEW LOISEL (JOHNSON, MIRIAM) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
43

ORDER granting 42 Motion for Writ of Habeas Corpus ad Testificandum. Writ Issued. By MAGISTRATE JUDGE JOHN C. NIVISON. (jwr) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
44

(Access to document is restricted to case participants only) WRIT of Habeas Corpus Ad Testificandum issued (jwr) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER

Order on Motion for Writ of Habeas Corpus

Oct. 16, 2019

Oct. 16, 2019

PACER
45

NOTICE of Hearing: Telephone Conference set for 11/8/2019 at 9:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
46

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: Julie Edgecomb) (MFS) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
47

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions to continue. (Court Reporter: No court reporter present) (MFS) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
48

NOTICE of Hearing: Telephone Conference set for 1/14/2020 at 11:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
49

NOTICE of Hearing: Telephone Conference set for 2/11/2020 at 11:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
50

NOTICE of Hearing: Telephone Conference of Counsel set for 3/16/2020 at 10:00 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) Modified on 1/14/2020 to indicate this will be telephonic (jwr). (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
51

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: No court reporter present) (MFS) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
52

NOTICE of Canceled Hearing. The 2/11/2020 telephone conference is canceled. (MFS) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
53

PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
54

NOTICE of Hearing: Conference of Counsel set for 4/28/2020 at 10:00 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
55

NOTICE OF CANCELLED HEARING. The telephone conference scheduled for 3/16/2020 at 10:00 a.m. with MAGISTRATE JUDGE JOHN C. NIVISON has been cancelled and will be rescheduled to a later date. (jwr) (Entered: 03/15/2020)

March 15, 2020

March 15, 2020

PACER
56

NOTICE of Canceled Hearing: The conference of counsel scheduled for 4/28/2020 at 10:00 a.m. has been canceled in accordance with General Order-2 issued by Chief Judge Jon D. Levy on 3/18/2020 and will be rescheduled to a later date. (MFS) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
57

NOTICE of Hearing: Telephone Conference set for 6/23/2020 at 9:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information.(MFS) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
58

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: Melissa Merenberg) (MFS) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
59

Joint MOTION to Stay Proceedings by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC Responses due by 8/14/2020. (WAHRER, BENJAMIN) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

RECAP
60

ORDER granting 59 Motion to Stay. In accordance with the parties' agreement, the matter is stayed until further order of the Court. The parties shall file a status report on or about December 15, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER

Order on Motion to Stay

July 27, 2020

July 27, 2020

PACER

Set Deadlines - Per Order #60: Status Report due by 12/15/2020. (mnd)

July 27, 2020

July 27, 2020

PACER
61

Joint Status Report of the Parties by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS. (ROSS, ALISA) Modified on 12/16/2020 to clean up text (mnd). (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

RECAP
62

ORDER - Upon review of the parties' status report (ECF No. 61), the matter shall remain stayed until further order of the Court. The parties shall file a status report on or about June 1, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (mnd) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

Set Deadlines - Per Order #62: Status Report due by 6/1/2021. (mnd)

Dec. 17, 2020

Dec. 17, 2020

PACER

Order

Dec. 17, 2020

Dec. 17, 2020

PACER
63

STATUS REPORT Joint Status Report of the Parties by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS. (ROSS, ALISA) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

RECAP
64

ORDER - Upon review of the parties' status report (ECF no. 63), the matter shall remain stayed until further order of the Court. The parties shall file a status report on or about September 1, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER

Per Order #64 Deadlines Set: Status Report due by 9/1/2021. (slg)

June 1, 2021

June 1, 2021

PACER

Order

June 1, 2021

June 1, 2021

PACER
65

*FILED IN ERROR* STIPULATION of Dismissal By the Parties as to Certain Defendants by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC. (BRADEN, TWAIN) Modified on 7/8/2021 to add filed in error notation, counsel to re-file (mnd). (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
66

NOTICE of Docket Entry Modification regarding 65 Stipulation of Dismissal : Docket entry modified by the Clerk's Office to reflect that it was filed in error and will be re-filed by counsel. (mnd) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
67

STIPULATION of Dismissal By the Parties as to Certain Defendants by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC. (HATCH, ROBERT) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
68

STATUS REPORT Joint by WELLPATH LLC. (PECK, ELIZABETH) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

RECAP
69

ORDER-Upon review of the parties' status report (ECF No. 68), the matter shall remain stayed until further order of the Court. The parties shall file a status report on or about November 1, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (clp) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER

~Util - Set Deadlines AND Order

Sept. 2, 2021

Sept. 2, 2021

PACER
70

STATUS REPORT Joint by WELLPATH LLC. (PECK, ELIZABETH) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
71

ORDER: Upon review of the parties status report (ECF No. 70), the Court lifts the stay. The parties shall file a stipulation of dismissal within 30 days. By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER

Order

Nov. 1, 2021

Nov. 1, 2021

PACER
72

STIPULATION of Dismissal Joint Stipulation of Dismissal by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS. (ROSS, ALISA) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

RECAP

Case Details

State / Territory: Maine

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Feb. 1, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Those who are in the legal custody of the Maine Department of Corrections, regardless of facility location; and have been incarcerated for at least 14 days or completed an initial healthcare screening, whichever occurs first; and who have been diagnosed with chronic HCV for whom DAA treatment has not been provided; and for whom DAA treatment is medically appropriate.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Wellpath, LLC (Delaware), Private Entity/Person

Department of Corrections, 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

Available 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

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run