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Case: Geissler v. Stirling

4:17-cv-01746 | U.S. District Court for the District of South Carolina

Filed Date: June 30, 2017

Closed Date: April 22, 2022

Clearinghouse coding complete

Case Summary

An individual with Hepatitis C who was incarcerated at the South Carolina Department of Corrections brought this pro se lawsuit on June 30, 2017. The plaintiff challenged the Department's testing and treatment protocols for Hepatitis C, alleging that the Department’s policies and practices fell below the constitutional standard of care. The Department’s conduct allegedly violated the Eighth Amendment and the Equal Protection and Due Process clauses of the Fourteenth Amendment. The plaintiff sou…

An individual with Hepatitis C who was incarcerated at the South Carolina Department of Corrections brought this pro se lawsuit on June 30, 2017. The plaintiff challenged the Department's testing and treatment protocols for Hepatitis C, alleging that the Department’s policies and practices fell below the constitutional standard of care. The Department’s conduct allegedly violated the Eighth Amendment and the Equal Protection and Due Process clauses of the Fourteenth Amendment. The plaintiff sought a preliminary injunction to personally receive treatment for his Hepatitis C, and a permanent injunction to change the treatment policy for all incarcerated people with Hepatitis C. The plaintiff also sought nominal damages and punitive damages. The case was assigned to Judge Margaret B. Seymour for the US District of South Carolina. 

The plaintiff filed an amended complaint on October 6, 2017, though the amended complaint largely mirrored the original complaint. The court appointed counsel for plaintiffs on January 9, 2018. Shortly thereafter, the plaintiffs filed a second amended complaint. This complaint was lodged against the Director of the South Carolina Department of Corrections and various other prison officials. It included an Eighth Amendment claim under 42 U.S.C. 1983, alleging that the defendants’ failure to provide direct-acting antiviral (DAA) treatment violated the constitutionally required standard of care. The second amended complaint also included claims under the Rehabilitation Act and Title II of the ADA, alleging that the defendants denied them benefits of the prison’s services by providing required medical treatment to people without disabilities, but denying people with disabilities (those suffering from chronic Hepatitis C) the treatment that was required for their ailments. The second amended complaint sought declaratory relief, preliminary and permanent injunctions involving adequate medical treatment, compensatory damages, punitive damages, and attorneys’ fees. 

The second amended complaint was also framed as a class action lawsuit. It identified two classes. First, the HCV-Positive Class consisted of “All current and future inmates in SCDC custody who have been or will be diagnosed with chronic HCV, who have at least 24 weeks remaining on their sentences and a life expectancy of more than one year, with the exception of inmates who are already receiving or have already completed treatment with DAA medications.” Second, the HCV-Diagnosed Class consisted of “All current and future inmates in SCDC custody who have been diagnosed with chronic HCV, who have at least 24 weeks remaining on their sentences and a life expectancy of more than one year, with the exception of inmates who are already receiving or have already completed treatment with DAA medications.”

The plaintiffs filed a third amended complaint on August 21, 2018, but it had only minor changes from the prior complaint.

The parties engaged in negotiations and on December 4, 2018, they submitted a joint motion for approval of a consent decree with regards to testing procedures. Two days later, the court certified the following class: “All current and future inmates in SCDC custody, with the exception of inmates who have already been diagnosed with chronic HCV.” On December 19, 2018, the court preliminarily approved the parties’ proposed consent decree, binding those that fit within the class definition. The defendants agreed to provide all current and future people with the opportunity to get tested for chronic Hepatitis C, and to provide the legislature with an accurate estimate of the costs associated with treating Hepatitis C. The defendants also agreed to provide progress reports every four months until the testing program was fully implemented, and the court retained jurisdiction until that time. Judge Seymour gave the settlement agreement final approval on August 5, 2019. 2019 WL 3561875. 

Although the consent decree resolved issues related to testing, the plaintiffs still had two outstanding issues: diagnosing incarcerated people for Hepatitis C, and the individual plaintiff’s damages claim. The parties worked with a mediator to resolve these issues starting in March 2019.

On November 27, 2019, the parties submitted a joint motion for preliminary approval regarding treatment of Hepatitis C (as opposed to the testing issues that had been resolved earlier). This consent decree purported to bind “all current and future inmates in SCDC custody who have been or will be diagnosed with chronic Hepatitis C.” The defendants agreed to spend $10 million toward treatment of chronic Hepatitis C, and seek the same amount of funds for treatment each of the following four years. Treatment was to be given to incarcerated people with Hepatitis C according to an agreed upon timeline, with the most severe cases receiving treatment first. Ultimately, after the current incarcerated population was provided treatment, the defendants promised to begin treatment for anyone diagnosed with chronic Hepatitis C in the future within 120 days of diagnosis (so long as the person had at least six months remaining on their sentence)—this was a continuing requirement. The defendants agreed to provide progress reports every four months through April 22, 2022 as the program was implemented. Judge Seymour preliminarily approved the agreement on January 23, 2020, and finally approved it on June 8, 2020.

The parties submitted their negotiations over attorneys’ fees and costs to mediation. Ultimately, the defendants agreed to pay a total of  $484,406.67. Judge Seymour approved the amount on November 17, 2020.

On February 9, 2021, Judge Seymour issued an opinion regarding both to a motion by one of the named plaintiffs to amend the settlement agreement and to an objection to the parties’ mediated fee agreement. One of the named plaintiffs sought to amend the settlement agreement to make HCV testing mandatory for all inmates due to the possibility of contracting HCV from someone who has refused to be tested or treated. Judge Seymour denied the motion on the basis that incarcerated individuals have a protected liberty interest under the Eighth Amendment, which includes the right to decline treatment. A member of the class filed an objection to the parties’ mediated fee agreement, claiming that the legal fees that defendants agreed to pay were exorbitant. The court found the objection, filed a month after objections were due, to be both untimely and without merit. The court noted that the cap on attorneys’ fees set forth in the Prison Litigation Reform Act led to counsel receiving greatly reduced attorneys’ fees compared to their ordinary rates.

Though some of the terms of the consent decree remain in effect, namely requirements around testing and treatment, litigation is no longer ongoing.

Summary Authors

Jordan Katz (12/27/2021)

Hannah Juge (8/21/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6195281/parties/geissler-v-sterling/


Judge(s)

Seymour, Margaret B. (South Carolina)

Attorneys(s) for Plaintiff

Brooks, Justin Silver (Pennsylvania)

Bryant, Christopher James (District of Columbia)

Griffin, James Mixon (South Carolina)

Guttman, Reuben (District of Columbia)

Harpootlian, Richard A (South Carolina)

Kenney, Christopher P (South Carolina)

Shofner, Elizabeth H (District of Columbia)

Yarborough, David B Jr (South Carolina)

Zwier, Paul John (District of Columbia)

Judge(s)

Seymour, Margaret B. (South Carolina)

Attorneys(s) for Plaintiff

Brooks, Justin Silver (Pennsylvania)

Bryant, Christopher James (District of Columbia)

Griffin, James Mixon (South Carolina)

Guttman, Reuben (District of Columbia)

Harpootlian, Richard A (South Carolina)

Kenney, Christopher P (South Carolina)

Shofner, Elizabeth H (District of Columbia)

Yarborough, David B Jr (South Carolina)

Zwier, Paul John (District of Columbia)

Attorneys(s) for Defendant

Arthur, Samuel F III (South Carolina)

Bratton, James Rufus III (South Carolina)

Gaffney Crowe, Kay (South Carolina)

Gerrald, Matthew Gregory (South Carolina)

Documents in the Clearinghouse

Document

4:17-cv-01746

4:20-cv-03440

Docket [PACER]

Geissler v. Sterling

Feb. 10, 2021

Feb. 10, 2021

Docket
1

4:17-cv-01746

Complaint for Violation of Civil Rights

Geissler v. Sterling

June 30, 2017

June 30, 2017

Complaint
108

4:17-cv-01746

Third Amended Class Action Complaint

Geissler v. Sterling

Aug. 21, 2018

Aug. 21, 2018

Complaint
136

4:17-cv-01746

Joint Motion for Preliminary Approval of Partial Consent Decree (Testing for Chronic Hepatitis C)

Geissler v. Sterling

Dec. 4, 2018

Dec. 4, 2018

Pleading / Motion / Brief
140

4:17-cv-01746

Stipulation and Order for Class Certification

Geissler v. Sterling

Dec. 6, 2018

Dec. 6, 2018

Order/Opinion
142

4:17-cv-01746

[Notice of Class]

Dec. 19, 2018

Dec. 19, 2018

Other
149

Joint Motion for Final Approval of Revised Partial Consent Decree

Feb. 5, 2019

Feb. 5, 2019

Pleading / Motion / Brief
168

Opinion and Order

Aug. 5, 2019

Aug. 5, 2019

Order/Opinion
178

Joint Motion for Preliminary Approval of Proposed Consent Decree

Nov. 27, 2019

Nov. 27, 2019

Pleading / Motion / Brief
183

4:17-cv-01746

Order for Preliminary Approval of Proposed Consent Decree

Jan. 23, 2020

Jan. 23, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6195281/geissler-v-sterling/

Last updated Dec. 1, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Lefford Fate, Bryan P Sterling, filed by Russell Geissler. Service due by 9/28/2017. (Attachments: # 1 Supporting Documents, # 2 Envelope)(dsto, ) (Entered: 07/10/2017)

1 Supporting Documents

View on PACER

2 Envelope

View on PACER

June 30, 2017

June 30, 2017

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Russell Geissler. Response to Motion due by 7/14/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Additional attachment(s) added on 7/20/2017: # 2 Financial Certificate) (dsto, ). (Entered: 07/10/2017)

June 30, 2017

June 30, 2017

PACER
3

TRUE DIVISION FOR TRIAL: Columbia. (dsto, ) (Entered: 07/10/2017)

June 30, 2017

June 30, 2017

PACER
5

NOTICE of Change of Address by Russell Geissler (Attachments: # 1 Envelope)(dsto, ) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
8

ORDER authorizing service of process and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Plaintiff is also directed to notify the clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 07/14/2017. (dsto, ) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
9

ORDER granting 2 Motion for Leave to Proceed in forma pauperis re: 8 Serve Order. Signed by Magistrate Judge Thomas E Rogers, III on 07/14/2017.(dsto, ) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
10

***DOCUMENT MAILED: 8 Serve Order 1983, 9 Order on Motion for Leave to Proceed in forma pauperis, placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
11

Summons Issued as to Lefford Fate, Bryan P Sterling. Service due by 10/12/2017. (dsto, ) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
13

Letter from Russell Geissler. (Attachments: # 1 Envelope)(dsto, ) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
14

MOTION to Adjust Titles of Defendants by Russell Geissler. Response to Motion due by 8/31/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto) (Entered: 08/18/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
15

MOTION to Request Document Production by Russell Geissler. Response to Motion due by 8/31/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents, # 2 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Attachment 1 replaced on 9/13/2017 to add Exhibits K, L and M) (dsto) (Entered: 08/18/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
16

Second MOTION to Request Document Production by Russell Geissler. Response to Motion due by 9/11/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
17

ORDER denying 15 Motion to Request Document Production; denying 16 Second Motion to Request Document Production. Signed by Magistrate Judge Thomas E Rogers, III on 09/01/2017.(dsto, ) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

RECAP
18

***DOCUMENT MAILED: 17 Order on Motions to Compel, placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
19

SUMMONS Returned Executed. Bryan P Sterling served on 8/23/2017, answer due 9/13/2017.(dsto) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
20

NOTICE of Appearance by Samuel F Arthur, III on behalf of Lefford Fate, Bryan P Sterling (Arthur, Samuel) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
22

ANSWER to 1 Complaint by Lefford Fate, Bryan P Sterling.(Arthur, Samuel) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
23

Letter from Russell Geissler clarifying motions. (Attachments: # 1 Envelope)(dsto, ) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
24

SCHEDULING ORDER: Motions to Amend Pleadings due by 10/11/2017, Discovery due by 11/13/2017, Motions due by 12/22/2017. Signed by Magistrate Judge Thomas E Rogers, III on 09/11/2017. (dsto, ) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
25

***DOCUMENT MAILED: 24 Scheduling Order w/NEF placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
26

SUMMONS Returned Executed. Lefford Fate served on 8/30/2017, answer due 9/20/2017. (Attachments: # 1 Postal Green Card)(dsto, ) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
28

MOTION to Compel by Russell Geissler. Response to Motion due by 10/3/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 09/19/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
29

MOTION to Appoint Counsel by Russell Geissler. Response to Motion due by 10/2/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Letters to Plaintiff from attorneys., # 2 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 09/19/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
30

TEXT ORDER denying 29 Motion to Appoint Counsel. See Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975); 28 U.S.C. ยง 1915(e)(1); Smith v. Blackledge, 451 F.2d 1201 (4th Cir. 1971);Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975) [such appointment "should be allowed only in exceptional cases". Signed by Magistrate Judge Thomas E Rogers, III on 09/19/2017.(dsto, ) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
31

***DOCUMENT MAILED: 30 TEXT Order on Motion to Appoint Counsel, placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
32

Withdrawal of Motion: 28 MOTION to Compel filed by Russell Geissler. (Attachments: # 1 Envelope)(dsto) (Entered: 09/22/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
34

MOTION for Copies by Russell Geissler. Response to Motion due by 10/5/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 09/22/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
35

MOTION for Preliminary Injunction (Response to Motion due by 10/10/2017), and MOTION for Outside Doctor Examination, by Russell Geissler. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
36

REPLY by Russell Geissler to 22 Answer to Complaint. (Attachments: # 1 Envelope)(dsto, ) (Entered: 09/26/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
37

ORDER granting 14 Motion To Adjust Titles of Defendants. Signed by Magistrate Judge Thomas E Rogers, III on 10/06/2017.(dsto, ) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
38

***DOCUMENT MAILED: 37 Order on Motion to Adjust Titles placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
39

AMENDED COMPLAINT against Lefford Fate, Bryan P Sterling, filed by Russell Geissler. Service due by 1/4/2018.(dsto, ) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
40

TEXT ORDER: Plaintiff has filed a motion requesting a free copy of all documents filed in this case (Document 34 ). The Clerk of Court is directed to send a copy of the public docket sheet to Plaintiff who will have ten days to inform the court which documents, by assigned docket number, that he specifically requests with an explanation of why he needs the document. Therefore, this motion is granted in part and denied in part. Signed by Magistrate Judge Thomas E Rogers, III on 10/06/2017.(dsto, ) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
41

***DOCUMENT MAILED: 40 TEXT Order on Motion for Copies w/copy of public docket sheet, placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
43

RESPONSE in Opposition re 35 MOTION for Preliminary Injunction MOTION Outside Doctor Examination Response filed by Lefford Fate, Bryan P Sterling.Reply to Response to Motion due by 10/17/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Arthur, Samuel) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
44

SECOND MOTION Motion to Adjust Title of Defendants by Russell Geissler. Response to Motion due by 10/26/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
45

MOTION for Extension of Time to Complete Discovery by Russell Geissler. Response to Motion due by 10/26/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Letter from CDC, # 2 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
46

AFFIDAVITS of TRUTH by Russell Geissler. (Attachments: # 1 Envelope)(dsto, ) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
47

REPLY by Russell Geissler to 40 TEXT Order on Motion for Copies (Attachments: # 1 Envelope)(dsto, ) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
48

NOTICE to the Courts (Attachments: # 1 Envelope)(dsto, ) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
49

Withdrawal of Motions: 44 SECOND MOTION Motion to Adjust Title of Defendants filed by Russell Geissler (Attachments: # 1 Envelope)(dsto, ) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
51

***DOCUMENT MAILED: 1 Complaint, 22 Answer to Complaint and 36 Reply, per 47 Reply per TER chambers, placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
52

REPLY to Response to Motion re 35 MOTION for Preliminary Injunction MOTION. Response filed by Russell Geissler. (Attachments: # 1 Envelope)(dsto, ) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
53

ANSWER to 39 Amended Complaint by Lefford Fate, Bryan P Sterling.(Arthur, Samuel) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
55

NOTICE of Appearance by James Rufus Bratton, III on behalf of Lefford Fate, Bryan P Sterling (Bratton, James) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
56

RESPONSE in Support re 45 MOTION for Extension of Time to Complete Discovery Response filed by Lefford Fate, Bryan P Sterling. (Bratton, James) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
57

REPLY by Russell Geissler to 53 Answer to Amended Complaint. (Attachments: # 1 Supporting Documents, # 2 Envelope)(dsto) Modified on 11/2/2017. See 58 for additional attachments. (dsto) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
58

Additional Attachments to Main Document 57 Reply. (Attachments: # 1 Envelope)(dsto, ) (Entered: 11/02/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
59

NOTICE of Change of Address by Russell Geissler (Attachments: # 1 Envelope)(dsto, ) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
60

MOTION to Compel by Russell Geissler. Response to Motion due by 12/11/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
61

MOTION To Submit Into Evidence by Russell Geissler. Response to Motion due by 12/11/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Evidence, # 2 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
63

MOTION to Compel by Russell Geissler. Response to Motion due by 12/14/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Discovery, # 2 Envelope)No proposed order.Motions referred to Thomas E Rogers, III.(dsto, ) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
64

RESPONSE in Opposition re 60 MOTION to Compel Response filed by Lefford Fate, Bryan P Sterling.Reply to Response to Motion due by 12/15/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bratton, James) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
65

RESPONSE in Opposition re 61 MOTION To Submit Into Evidence Response filed by Lefford Fate, Bryan P Sterling.Reply to Response to Motion due by 12/18/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bratton, James) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
66

CERTIFICATE OF SERVICE by Lefford Fate, Bryan P Sterling re 64 Response in Opposition to Motion, (Bratton, James) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
67

MOTION for Extension of Time by Lefford Fate, Bryan P Sterling. Response to Motion due by 12/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Bratton, James) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
68

RESPONSE in Opposition re 63 MOTION to Compel Response filed by Lefford Fate, Bryan P Sterling.Reply to Response to Motion due by 12/20/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bratton, James) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
69

REPLY to Response to Motion re 67 MOTION for Extension of Time. Response filed by Russell Geissler. (Attachments: # 1 Envelope)(dsto) Modified on 1/2/2018. See 70 for additional attachments. (dsto) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
70

Additional Attachments to Main Document 69 Reply to Response to Motion 67 . (Attachments: # 1 Envelope)(dsto, ) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
71

Letter from Russell Geissler. (Attachments: # 1 Envelope)(dsto, ) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
72

ORDER granting 67 Motion for Extension of Time. The current deadline is December 22, 2017. The court grants an extension until January 22, 2017. ALSO, The court now reconsiders Plaintiff's Motion for Appointment of Counsel 29 filed in September 2017. Finding that appointment of counsel is proper under these circumstances, the Court GRANTS Plaintiff's motion to appoint counsel and appoints Christopher J. Bryant, Esq., as counsel for Plaintiff. IT IS SO ORDERED. Signed by Magistrate Judge Thomas E Rogers, III on 01/09/2018.(dsto, ) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

RECAP
73

***DOCUMENT MAILED: 72 Order on Motions placed in U.S. Mail to Russell Geissler, #349604, PCI, 430 Oaklawn Road, Pelzer, SC, 29669 (dsto, ) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
75

NOTICE of Appearance by Christopher James Bryant on behalf of Russell Geissler (Bryant, Christopher) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
77

Joint MOTION to Stay re 72 Order on Motion for Extension of Time,, Dispositive Motions Deadline by Lefford Fate, Bryan P Sterling. Response to Motion due by 2/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(Bratton, James) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
80

NOTICE of Hearing: TELEPHONE STATUS CONFERENCE set for Tuesday, 2/27/2018 @ 10:30 AM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Thomas E Rogers III. Defendant's attorney shall initiate the call, and have all parties on the line before calling the Clerk of Court at 843/676-3820.(dsto) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
81

Minute Entry. Proceedings held before Magistrate Judge Thomas E Rogers, III: Telephone Conference held on 2/27/2018 with counsel of record. All outstanding motions ( 45 Motion for Extension of Time to Complete Discovery; 60 Motion to Compel; 61 Motion to submit into evidence ; 63 Motion to Compel; 77 Motion to Stay; 35 Motion for Preliminary Injunction; 35 Motion for Outside Doctor Examination) are deemed moot with right to re-file. As to the motions for discovery, Plaintiff shall re-file within thirty days from the date of this entry if he wishes to re-file. Plaintiff has fifteen days from the date of this entry to file an amended complaint. An amended scheduling order will follow once an answer is filed to the amended complaint. Court Reporter Raymond Simmons. (swel, ) Modified text on 2/27/2018 (swel, ). (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
84

NOTICE of Request for Protection from Court Appearance by Christopher James Bryant for April 10-13, 2018 (Bryant, Christopher) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
85

NOTICE of Appearance by Richard A Harpootlian on behalf of Russell Geissler (Harpootlian, Richard) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
86

NOTICE of Appearance by Christopher P Kenney on behalf of Russell Geissler (Kenney, Christopher) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
87

NOTICE of Appearance by David B Yarborough, Jr on behalf of Russell Geissler (Yarborough, David) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
88

SECOND AMENDED COMPLAINT against Bryan P. Stirling, John B. McRee, MD, Divya Ahuja, MD, James Grubbs, MD, Ansal Shah, MD, filed by Russell Geissler. Service due by 6/11/2018 (Attachments: # 1 Exhibit : SCDC FY 2018-19 Proposed Budget) (Bryant, Christopher) Modified on 3/13/2018 to edit text and to replace main document with document provided by filing attorney. (Entered: 03/13/2018)

1 Exhibit : SCDC FY 2018-19 Proposed Budget

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March 13, 2018

March 13, 2018

RECAP
90

Summons Issued as to Divya Ahuja, MD, James Grubbs, MD, Ansal Shah, MD, for 88 Second Amended Complaint. Service due by 6/18/2018. (dsto, ) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
92

ANSWER to 88 Amended Complaint, by John B. McRee, MD, Bryan P. Stirling.(Arthur, Samuel) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
94

ACCEPTANCE OF SERVICE OF SECOND AMENDED COMPLAINT 88 by Russell Geissler. Divya Ahuja, MD served on 4/13/2018, answer due 5/4/2018; James Grubbs, MD served on 4/13/2018, answer due 5/4/2018; Ansal Shah, MD served on 4/13/2018, answer due 5/4/2018. (Attachments: # 1 Exhibit A-Acceptance of Service)(Kenney, Christopher) Modified on 4/24/2018 to correct event code. (dsto) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
96

NOTICE of Change of Address by Russell Geissler. (Attachments: # 1 Envelope)(dsto, ) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
97

ANSWER to 88 Second Amended Complaint by Divya Ahuja, MD, James Grubbs, MD, Ansal Shah, MD.(Gerrald, Matthew) Modified on 5/4/2018 to edit text. (dsto) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
98

Local Rule 26.01 Answers to Interrogatories by Divya Ahuja, MD, James Grubbs, MD, Ansal Shah, MD.(Gerrald, Matthew) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
101

Joint Rule 26(f) Report by Russell Geissler.(Kenney, Christopher) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
102

Rule 26 Outline of Discovery Plan by Russell Geissler. (Kenney, Christopher) Modified on 8/3/2018 to delete proposed order. (dsto) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
103

Consent MOTION for Confidentiality Order by Russell Geissler. Response to Motion due by 8/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Proposed Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Kenney, Christopher) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
104

MOTION to Amend/Correct 88 Second Amended Complaint, by Russell Geissler. Response to Motion due by 8/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit : Proposed Third Amended Complaint, # 2 Exhibit : Affidavits of Doctors, # 3 Exhibit : Redlined Complaint)No proposed order.Motions referred to Thomas E Rogers, III.(Bryant, Christopher) Modified on 8/13/2018 to edit text. (dsto) (Entered: 08/10/2018)

1 Exhibit : Proposed Third Amended Complaint

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2 Exhibit : Affidavits of Doctors

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3 Exhibit : Redlined Complaint

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Aug. 10, 2018

Aug. 10, 2018

RECAP
107

TEXT ORDER granting 104 Motion to Amend. Signed by Honorable Margaret B Seymour on 08/21/2018.(dsto, ) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
108

THIRD AMENDED COMPLAINT against John B. McRee, MD, Bryan P. Stirling, filed by Russell Geissler, Bernard Bagley, and Willie James Jackson. Service due by 11/19/2018.(Atachment(s): # 1 Exhibit 1-SCDC FY 2018-19 Proposed Budget) (dsto, ). Modified on 8/21/2018 to add attachment as requested by attorney.(dsto) (Entered: 08/21/2018)

1 Exhibit 1-SCDC FY 2018-19 Proposed Budget

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Aug. 21, 2018

Aug. 21, 2018

Clearinghouse
110

TEXT ORDER granting 103 Motion for Confidentiality Order. Signed by Honorable Margaret B Seymour on 08/21/2018.(dsto, ) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
111

CONSENT CONFIDENTIALITY ORDER. Signed by Honorable Margaret B Seymour on 08/21/2018. (dsto, ) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

RECAP
112

CONSENT AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 10/24/2018, Defendants ID of Expert Witnesses Due by 11/28/2018, Discovery due by 12/28/2018, Plaintiffs shall file a motion for class certification or advise the Court that certification of a class will not be sought no later than 1/16/2019. Within 15 days of the earlier of the date of the Court's ruling on the motion for class certification or the date Plaintiffs advise the Court that certification of a class will not be sought. Signed by Honorable Margaret B Seymour on 08/21/2018. (dsto, ) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
113

Consent MOTION for Extension of Time to File Answer re 108 Amended Complaint, by John B. McRee, MD, Bryan P. Stirling. Response to Motion due by 9/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bratton, James) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
114

TEXT ORDER granting 113 Motion for Extension of Time to Answer 108 Third Amended Complaint. Defendant's Answer is now due on or before September 14, 2018. Signed by Honorable Margaret B Seymour on 09/04/2018.(dsto, ) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
115

ANSWER to 108 Third Amended Complaint, by John B. McRee, MD, and Bryan P. Stirling.(Bratton, James) Modified on 9/11/2018 to remove filers as requested by filing attorney. (dsto) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

RECAP
116

MOTION to Amend Party to Claim for Deliberate Indifference to Medical Needs by Altony Brooks. Response to Motion due by 10/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.(dsto, ) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
117

MOTION to Appear Pro Hac Vice by Reuben A. Guttman ( Filing fee $ 250 receipt number 0420-8018201) by Russell Geissler. Response to Motion due by 10/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application/Affidavit )Proposed order is being emailed to chambers with copy to opposing counsel.(Kenney, Christopher) Modified on 9/27/2018 to correct attachment description (mdea, ). (Attachment 1 replaced on 9/27/2018) (mdea, ). (Additional attachment(s) added on 9/28/2018: # 2 List of Prior PHV Admission) (mdea, ). (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
118

MOTION to Appear Pro Hac Vice by Justin Silver Brooks ( Filing fee $ 250 receipt number 0420-8020383) by Russell Geissler. Response to Motion due by 10/10/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Addendum Application/Affidavit for Pro Hac Admission of Justin S. Brooks)Proposed order is being emailed to chambers with copy to opposing counsel.(Kenney, Christopher) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
119

***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Honorable Margaret B. Seymour. (dsto) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
120

TEXT ORDER granting 118 Motion for Justin Silver Brooks to Appear Pro Hac Vice. Signed by Honorable Margaret B Seymour on 9/26/2018.(mdea ) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
121

TEXT ORDER granting 117 Motion FOR Reuben A. Guttman to Appear Pro Hac Vice. Signed by Honorable Margaret B Seymour on 10/1/2018.(mdea ) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
122

RESPONSE in Opposition re 116 MOTION to Amend/Correct Response filed by John B. McRee, MD, Bryan P. Stirling.Reply to Response to Motion due by 10/11/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Arthur, Samuel) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
124

PLAINTIFF'S ID OF EXPERT WITNESSES by Bernard Bagley, Russell Geissler, Willie James Jackson.(Bryant, Christopher) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
125

STIPULATION and Order as to Class Certification for Testing by Bernard Bagley, Russell Geissler. (Bryant, Christopher) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
126

Consent MOTION to Withdraw as Attorney Richard A. Harpootlian and Christopher P. Kenney by Bernard Bagley, Russell Geissler, Willie James Jackson. Response to Motion due by 11/26/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Harpootlian, Richard) (Main Document 126 replaced on 11/16/2018) (mdea, ). Modified on 11/16/2018 to reflect additional attachment filed as entry 128 (mdea, ). (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
127

ORDER denying 116 Motion to Amend Party to Claim for Deliberate Indifference to Medical Needs. Signed by Honorable Margaret B Seymour on 11/12/2018.(mdea ) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

RECAP

Case Details

State / Territory: South Carolina

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: June 30, 2017

Closing Date: April 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future inmates in SCDC custody, with the exception of inmates who have already been diagnosed with chronic HCV

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Carolina 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.

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $484,406.67

Order Duration: 2020 - 2022

Issues

General:

Conditions of confinement

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Type of Facility:

Government-run