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Case: Turney v. Atencio

1:18-cv-00001 | U.S. District Court for the District of Idaho

Filed Date: Jan. 3, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiffs, who have Hepatitis C, were incarcerated by the Idaho Department of Corrections (IDOC). On January 3, 2018, they filed a putative class action lawsuit in forma pauperis in the United States District Court for the District of Idaho alleging that IDOC refused to provide treatment required by medical standards of care. Plaintiffs sued IDOC in its official capacity as well as administrators and medical personnel at IDOC. Plaintiffs also sued Corizon, Inc., a for profit company that contr…

Plaintiffs, who have Hepatitis C, were incarcerated by the Idaho Department of Corrections (IDOC). On January 3, 2018, they filed a putative class action lawsuit in forma pauperis in the United States District Court for the District of Idaho alleging that IDOC refused to provide treatment required by medical standards of care. Plaintiffs sued IDOC in its official capacity as well as administrators and medical personnel at IDOC. Plaintiffs also sued Corizon, Inc., a for profit company that contracted with IDOC to provide medical care to incarcerated individuals within the Department's facilities. Plaintiffs initially filed their action pro se, but appointed private counsel on July 2, 2018. They sought injunctive, punitive, and compensatory damages, as well as reasonable attorneys' fees for violations of the Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, the Fifth, Eighth, and Fourteenth Amendments of the United States Constitution, and Article I of the Idaho State Constitution.

Plaintiffs specifically alleged that defendants failed to adhere to the recognized standard of care for Hepatitis C (HCV). In their complaint, plaintiffs alleged that by refusing to update their treatment protocol to use breakthrough direct-acting antiviral (DAA) medication recommended by the Federal Bureau of Prisons (FBOP) Clinical Treatment Guidelines rather than Interferon, which plaintiffs alleged had proven toxic side effects, defendants acted with deliberate indifference to their serious medical needs in violation of the Eighth and Fourteenth Amendments. Many of the named plaintiffs were diagnosed with HCV after becoming incarcerated in IDOC, and all had been treated for their HCV in varying degrees over the span of their incarceration, but none had received DAA treatment.

In addition to the claims brought in their individual capacities, plaintiffs filed class allegations in their January 3, 2018 complaint, as well. In their class allegations, plaintiffs sought certification as an injunctive class on behalf of subclasses of individuals incarcerated in IDOC who had at least twelve weeks remaining on their sentences, who had tested positive for HCV either during or before the start of their incarceration, and who wished to participate in 12-week DAA treatment, in line with FBOP Clinical Treatment Guidelines.

On January 23, 2018, after initially being assigned to Chief Magistrate Judge Ronald E. Bush in the District of Idaho, the case was reassigned to Chief Judge B. Lynn Winmill. After receiving the case, on February 15, 2018 plaintiffs filed a request for information on all pending HCV cases before the court. The court denied the request and issued an order of severance on February 28, 2018. Chief Judge Winmill terminated all fictitious plaintiffs from the case asserting that due to the sensitive and confidential nature of the cases at hand, a multi-plaintiff lawsuit was inappropriate in this instance.

Chief Judge Winmill granted in forma pauperis status on March 1, 2018. On March 12, 2018, Chief Judge Winmill also granted an initial review order allowing the primary named plaintiff to proceed on his Eighth Amendment medical treatment and related state law claims against the named Defendants at IDOC while denying the class certification. All other claims were dismissed at this time and IDOC was terminated as a party.

On March 15, 2018, plaintiffs filed a joint motion for relief and/or reconsideration from the order of severance which was denied on July 9, 2018. However, on September 19, 2018, Chief Judge Winmill ordered several of the original named plaintiffs' cases be consolidated and this case become the lead among them.

On October 4, 2018, an additional plaintiff moved to consolidate his case with this one. Then, on October 16, 2018, the consolidated plaintiffs filed a motion to certify a class action. The next day another putative class of incarcerated  people with HCV at IDOC moved to intervene. Plaintiffs filed a motion for partial summary judgment on December 3, 2018. 

The October 4, 2018 motion to consolidate was granted in a memorandum decision and order on January 17, 2019. The January 17 order also denied the October 16, 2018 motion to intervene. On the same day, the HCV cases were also consolidated. 2019 WL 254238. The court issued a second memorandum decision and order on January 29, 2019 granting in part and denying in part defendant's motion for summary judgment which had been filed before the HCV cases were consolidated on January 17, 2019. 2019 WL 360518. The motion was granted as to injunctive relief because the two named plaintiffs' claims were moot, however, the court allowed their damages claims to proceed.

On February 1, 2019 the remaining plaintiffs asked to withdraw their December 3, 2018 motion for partial summary judgment as well as their October 16, 2018 motion to certify a class. The court granted these requests on February 20, 2019.

After a few months of inaction, on April 3, 2019 the primary named plaintiff filed an amended complaint against all defendants. This complaint realleged the complaints from the initial complaint with more specificity as to each proposed subclass. In this amended complaint, putative class plaintiffs were divided based on their injuries from lack of adequate HCV treatment as well as their requested relief. Subclass A plaintiffs were not diagnosed with Hepatitis C as a result of defendants’ refusal to institute “opt-out” testing for hepatitis C. Plaintiffs in subclasses B and C suffered from serious medical need, disability, and life threatening disease due to their Hepatitis C. Subclasses A and B sought injunctive and declaratory relief only, and subclass C sought compensatory relief only.

On April 10, 2019 the court ordered counsel for all parties to attend a case management conference with the Staff Attorney assigned to the case on April 15, 2019. After the case management conference, on April 19, 2019 the court issued an order acknowledging the parties' agreement to allow the defendants to have an open extension of time to file an answer to the complaint pending the outcome of a settlement conference, to provide plaintiffs with their medical records from their time at IDOC, and to work with the court's alternative dispute resolution director to determine a settlement judge and date for the settlement conference.

On May 15, 2019 after receiving their medical records, the plaintiffs moved to file a second amended complaint to add additional named plaintiffs to the case and correct errors in their subclassing from the first amended complaint. After a few months of routine discovery, on August 12, 2019 the newly named plaintiff asked to be removed from the case to proceed on his own. The court granted this request as well as allowing the plaintiffs to file their second amended complaint on September 25, 2019. The court also ordered plaintiffs to enter their first status report within a week of this order and for Defendants to file their response no later than five days after plaintiffs. On October 4 and 9, 2019, plaintiffs and IDOC filed their status reports, respectively. Corizon filed its own status report on October 11, 2019.

On November 27, 2019, the court ordered parties to engage in mediation on December 4, 2019 and that defendants had to ensure the named plaintiffs were properly transported to the mediation. After nearly a year of docket inactivity, on September 10, 2020, the court entered an order requiring the parties to continue to submit joint quarterly reports indicating what actions had been taken and by whom toward resolving the HCV treatment concerns.

The first joint status report was filed on September 30, 2020, then another on December 30, 2020, then a third on March 31, 2021. Following these status reports, on July 23, 2021 the court ordered the parties to file, on or before August 31, 2021, a stipulation regarding the settlement and dismissal of the case.

Defendants filed a stipulation of dismissal on August 31, 2021, followed by a joint motion for preliminary approval of a class action settlement on the same day. The settlement agreement provided that IDOC would provide opt-out testing at intake as well as post-intake testing within 60 days of arrival at IDOC for anyone who submitted a written request through the Health Services Request form. Further, the parties agreed that any people diagnosed with HCV would be enrolled in the Chronic Disease Program to receive DAA treatment, if appropriate. IDOC would also proved a written HCV log on a quarterly basis with the name, IDOC number, priority level, testing assessments, and DAA treatment dates to Class Counsel. The settlement agreement also provided that no individual with chronic HCV would be deemed ineligible to receive DAA Treatment based solely on priority level.  It also provided for concrete expenditures for treatment, and educational materials for individuals released from IDOC who had yet to receive DAA treatment with here they can receive it.

On January 6, 2022, the court issued an order requiring clarification of the exact terms of the class action settlement. 2022 WL 79821. Specifically, the court requested clarification about what would happen to the outstanding claims for monetary damages and whether the parties intended to dismiss the individual damages claims or allow the individuals to pursue those claims. The court also asked the parties to comment on their views of how principles of preclusion would effect any ongoing damages suits.

Between March 8, 2022 and July 26, 2022, nine class members objected to the class settlement. Nonetheless, on April 22, 2022 the defendants filed a joint motion for final approval of the class action settlement and a fairness hearing to discuss the terms of the settlement was held on May 10, 2022. In response to the fairness hearing, on May 26, 2022 the court issued an order for the parties to respond with a few final clarifications on the exact terms of the settlement, particularly the remedies terms and attorneys fees agreed to within the settlement. The court ordered the parties to respond within 21 days. However, as of October, 2022 no response has been given by either party and the settlement approval is still pending.

Summary Authors

Elena Meth (10/23/2022)

Documents in the Clearinghouse

Document
11

1:18-cv-00001

Complaint

Jan. 3, 2018

Jan. 3, 2018

Complaint
92

1:18-cv-00001

Memorandum Decision and Order

Jan. 17, 2019

Jan. 17, 2019

Order/Opinion
96

1:18-cv-00001

Order on Defendants' Motion for Summary Judgment and Phase 1 Scheduling Order

Jan. 29, 2019

Jan. 29, 2019

Order/Opinion
111

1:18-cv-00001

Second Amended Complaint and Supplemental Complaint

Sept. 25, 2019

Sept. 25, 2019

Complaint
127-2

1:18-cv-00001

Exhibit 1: Private Settlement Agreement and Release

Aug. 31, 2021

Aug. 31, 2021

Settlement Agreement
129

1:18-cv-00001

Order Requiring Clarification

Jan. 6, 2022

Jan. 6, 2022

Order/Opinion
161

1:18-cv-00001

Order After Fairness Hearing

May 26, 2022

May 26, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6387128/turney-v-atencio/

Last updated Oct. 23, 2022, 11:17 a.m.

ECF Number Description Date Link Date / Link
1

APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Philip A Turney. Responses due by 1/24/2018 (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
2

Statement of Prisoner Trust Fund Account, This is a sealed document. re 1 APPLICATION for Leave to Proceed in forma pauperis by Philip A Turney. (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
3

APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Billy Ray Bartlett. Responses due by 1/24/2018 (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
4

Statement of Prisoner Trust Fund Account, This is a sealed document. re 3 APPLICATION for Leave to Proceed in forma pauperis by Billy Ray Bartlett. (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
5

APPLICATION for Leave to Proceed in forma pauperis by Plaintiff James S Hendrickson. Responses due by 1/24/2018 (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
6

Statement of Prisoner Trust Fund Account, This is a sealed document. re 5 APPLICATION for Leave to Proceed in forma pauperis by James S Hendrickson. (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
7

APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Michael A McCall. Responses due by 1/24/2018 (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
8

Statement of Prisoner Trust Fund Account, This is a sealed document. re 7 APPLICATION for Leave to Proceed in forma pauperis by Michael A McCall. (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
9

APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Reuben J Cortes. Responses due by 1/24/2018 (cjs) Modified on 2/9/2018 to refer to Dkt 18 & 19 (cjs).

Jan. 3, 2018

Jan. 3, 2018

PACER
10

Statement of Prisoner Trust Fund Account, This is a sealed document. re 9 APPLICATION for Leave to Proceed in forma pauperis by Reuben J Cortes. (cjs) Modified on 2/9/2018 to refer to Dkt. 18 & 19 (cjs).

Jan. 3, 2018

Jan. 3, 2018

PACER
11

COMPLAINT against Henry Atencio, April Dawson, John and Jane Does A-Z, John Migliori, Rona Siegert, Murray Young, filed by Jane Miles, Jane Roe, Billy Ray Bartlett, Philip A Turney, John Roe, James S Hendrickson, Jane Stiles, John Stiles, Michael A McCall, John Miles, Reuben J Cortes, Corizon Incorporated, Idaho Department of Correction. (Attachments: # 1 Cover Letter)(cjs)(Returned conformed copies of face sheet in individual SASE for 5 named Plaintiffs.) Modified on 1/31/2018 to edit text (cjs).

1 Cover Letter

View on PACER

Jan. 3, 2018

Jan. 3, 2018

Clearinghouse
12

ORDER of Conditional Filing - (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
13

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Billy Ray Bartlett, Reuben J Cortes, James S Hendrickson, Michael A McCall, Philip A Turney re 11 Complaint, (cjs)

Jan. 3, 2018

Jan. 3, 2018

PACER
14

ORDER OF REASSIGNMENT It is ORDERED that this case is REASSIGNED to a United States District Judge for screening pursuant to 28 U.S.C. §§ 1915 and 1915A. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Jan. 23, 2018

Jan. 23, 2018

PACER

DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Edward J. Lodge for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 1:18-cv-0001-EJL (jp)

Jan. 23, 2018

Jan. 23, 2018

PACER
15

ORDER OF REASSIGNMENT - IT IS HEREBY ORDERED that this case is REASSIGNED to Chief Judge Winmill. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Feb. 2, 2018

Feb. 2, 2018

PACER
16

NOTICE of Change of Address by James S Hendrickson (cjs)

Feb. 6, 2018

Feb. 6, 2018

PACER
17

RETURN MAIL undelivered as to James S Hendrickson, 95484, ISCC, F-1, 24 A, PO Box 70010, Boise, ID 83707 re: 15 Order of Reassignment.Re-mailed on 2/9/2018 to Plaintiff Hendrickson at new address pursuant to Dkt. 16 . (cjs) (Entered: 02/09/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
18

APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Reuben J Cortes re 9 APPLICATION for Leave to Proceed in forma pauperis, 10 Statement of Prisoner Trust Fund Account. Responses due by 3/1/2018 (cjs) Modified on 2/9/2018 to create links (cjs). (Entered: 02/09/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
19

Statement of Prisoner Trust Fund Account, This is a sealed document. re 10 Statement of Prisoner Trust Fund Account, 18 APPLICATION for Leave to Proceed in forma pauperis, 9 APPLICATION for Leave to Proceed in forma pauperis by Reuben J Cortes. (cjs) (Entered: 02/09/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
20

REQUEST for Court to provide a list of pending Hepatitis C cases and copies of those docket sheets re 15 Order of Reassignment, by Plaintiff Philip A Turney. Responses due by 3/8/2018. (cjs)

Feb. 15, 2018

Feb. 15, 2018

PACER
21

ORDER OF SEVERANCE - IT IS ORDERED: 1. The fictitious plaintiffs identified as John Roe, Jane Roe, John Stiles, Jane Stiles, John Miles, and Jane Miles are TERMINATED as parties to this action. 2. Plaintiffs request that the Court provide them with a list of other cases involving Hepatitis-C treatment so that Plaintiffs may conduct the necessary research to determine what affect [sic] they may have on the instant case (Dkt. 20 ) is DENIED. 3. The Clerk of Court is directed to SEVER the claims of Billy Ray Bartlett, James S. Hendrickson, Michael A. McCall, and Reuben J. Cortes into four new casesby docketing, in each new case, a copy of the Complaint (Dkt. 11 in the instant action) and a copy of this Orderto be assigned to the undersigned judge. Plaintiffs Billy Ray Bartlett, James S. Hendrickson, Michael A. McCall, and Reuben J. Cortes are TERMINATED as parties to this action, which will proceed with Philip A. Turney as the only Plaintiff. 4. The Applications to Proceed in Forma Pauperis filed by Plaintiffs Bartlett, Hendrickson, McCall, and Cortes (Dkt. 3, 5, 7, 9 and 18) are TERMINATED on the docket in this action. The Clerk of Court is directed to refile these Applicationsalong with the Statements of Prisoner Trust Fund Accounts filed by these Plaintiffsin Bartletts, Hendricksons,McCalls, and Cortess new cases, respectively.... Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Feb. 28, 2018

Feb. 28, 2018

RECAP
22

ORDER FOR IN FORMA PAUPERIS STATUS AND WITHDRAWAL OF INMATE FILING FEE FROM PRISON TRUST ACCOUNT (Notice sent to Finance). IT IS HEREBY ORDERED: Plaintiff's Application for Leave to Proceed in Forma Pauperis (Dkt. 1 ) is GRANTED. The Director of the Idaho Department of Correction or his designee shall collect, from Plaintiff's prison trust account, the $70.00 portion of the filing fee attributable to Plaintiff and shall forward payments to the Clerk of Court. The Clerk of Court is drected to serve a copy of this order on the Director of the Idaho Department of Correction. Signed by Judge B. Lynn Winmill. (Order mailed to Director of the Idaho Department of Correction, Attn: Inmate Accounts, 1299 N. Orchard, Suite 110, Boise, ID 83706) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)

March 1, 2018

March 1, 2018

PACER
23

INITIAL REVIEW ORDER - IT IS ORDERED: 1. Plaintiff may proceed on his Eighth Amendment medical treatment claims and related state law claims against Defendants Siegert, Migliori, Young, Dawson, and Corizon (for monetary and injunctive relief), as well as his Eighth Amendment medical treatment claim and a related state law claim against Defendant Atencio (for injunctive relief only). All other claims are DISMISSED without prejudice, and the IDOC is TERMINATED as a party to this action. 2. Defendants Siegert, Migliori, Young, Dawson, Corizon, and Atencio will be allowed to waive service of summons by executing, or having their counsel execute, the Waiver of Service of Summons as provided by Fed. R. Civ. P. 4(d) and returning it to the Court within 30 days. If Defendants choose to return the Waiver of Service of Summons, the answer or pre-answer motion will be due in accordance with Rule 12(a)(1)(A)(ii). Accordingly, the Clerk of Court will forward a copy of the Complaint (Dkt. 11), a copy of this Order, and a Waiver of Service of Summons to Mark Kubinski, Deputy Attorney General for the State of Idaho on behalf of IDOC Defendants and Kevin West and Dylan Eaton, Parsons Behle & Latimer on behalf of Corizon Defendants. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

March 12, 2018

March 12, 2018

PACER
24

CERTIFICATE of Clerk of mailing Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons, 11 Complaint, 23 Initial Review Order to Mark Kubinski, Deputy Attorney General for the State of Idaho, Idaho Department of Corrections, 1299 North Orchard, Suite 110, Boise, ID 83706 and to Kevin West and Dylan Eaton, Parsons Behle & Latimer, 800 W. Main Street, Suite 1300, Boise, ID 83702. (Attachments: # 1 Waiver to Kevin West & Dylan Eaton)(cjs)

March 12, 2018

March 12, 2018

PACER
25

Joint MOTION for Relief and/or Reconsideration From Order of Severance, and to Consolidate Causes of Action re 21 Order of Severance, by Plaintiff Philip A Turney. Responses due by 4/5/2018. (Attachments: # 1 Memorandum of Points and Authority In Support, # 2 Cover Letter)(cjs)(This filing also signed by Billy Ray Bartlett, Michael A McCall, and Reuben J Cortes. Returned conformed copies in SASE on 3/15/2018.) Modified on 3/15/2018 (cjs).

March 15, 2018

March 15, 2018

PACER
26

Joint MOTION to File Under Seal Declaration(s)/Notice of Party(y/ies) in Interest, Confidential Medical Information Subject to the Health Insurance Portability and Accountability Act (HIPPA) by Plaintiff Philip A Turney. Responses due by 4/5/2018. (cjs)(This filing also signed by Billy Ray Bartlett, Michael A McCall, and Reuben J Cortes. Returned conformed copies in SASE on 3/15/2018.)

March 15, 2018

March 15, 2018

PACER
27

Sealed Document Miles Declarants - Declarations/Notices of Party in Interest Re: 26 Joint MOTION to File Under Seal. (Attachments: # 1 Declaration/Notice of Party in Interest part 2)(cjs) Modified on 7/24/2018 to reflect Under Seal pursuant to Order Dkt. 46 (cjs).

March 15, 2018

March 15, 2018

PACER
28

Sealed Document Roe and Stiles Declarants - Declarations/Notices of Party in Interest Re: 26 Joint MOTION to File Under Seal. (Attachments: # 1 Declaration and Notice of Real Party Interest With Exhibits, # 2 Declaration and Notice of Real Party Interest With Exhibits, # 3 Notices of Party In Interest/Declarations part 1 of 5, # 4 Notices of Party In Interest/Declarations part 2 of 5, # 5 Notices of Party In Interest/Declarations part 3 of 5, # 6 Notices of Party In Interest/Declarations part 4 of 5, # 7 Notices of Party In Interest/Declarations part 5 of 5)(cjs) Modified on 7/24/2018 to reflect Under Seal pursuant to Order Dkt. 46 (cjs).

March 15, 2018

March 15, 2018

PACER
29

NOTICE of USCA of Case No. 18-80041 re 23 Initial Review Order, 21 Order of Severance (Attachments: # 1 Joint Petition for Permission to Appeal from Interlocutory Order of Severance, and Denial of Class Action Certification)(cjs) (Entered: 03/21/2018)

March 19, 2018

March 19, 2018

PACER
30

NOTICE of Appearance by Dylan Alexander Eaton on behalf of Corizon Incorporated, April Dawson, John Migliori, Murray Young (Eaton, Dylan)

April 11, 2018

April 11, 2018

PACER
31

WAIVER OF SERVICE Returned Executed by April Dawson, John Migliori, Murray Young, Corizon Incorporated. April Dawson waiver sent on 3/12/2018, answer due 5/11/2018; John Migliori waiver sent on 3/12/2018, answer due 5/11/2018; Murray Young waiver sent on 3/12/2018, answer due 5/11/2018; Corizon Incorporated waiver sent on 3/12/2018, answer due 5/11/2018. (Eaton, Dylan)

April 11, 2018

April 11, 2018

PACER
32

Corporate Disclosure Statement by Corizon Incorporated identifying Corporate Parent Corizon Health, Inc. for Corizon Incorporated.. (Eaton, Dylan)

April 11, 2018

April 11, 2018

PACER
33

NOTICE of Appearance by Brady James Hall on behalf of Henry Atencio, Rona Siegert (Hall, Brady)

April 11, 2018

April 11, 2018

PACER
34

WAIVER OF SERVICE Returned Executed by Rona Siegert, Henry Atencio. Henry Atencio answer due 5/11/2018; Rona Siegert answer due 5/11/2018. (Hall, Brady) Modified on 4/18/2018 (cjs).

April 11, 2018

April 11, 2018

PACER
35

SUPPLEMENT by Defendants Henry Atencio, Rona Siegert re 33 Notice of Appearance. (Attachments: # 1 Service Information Sheet)(Hall, Brady) Modified on 4/18/2018 to create link (cjs).

April 16, 2018

April 16, 2018

PACER
36

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Henry Atencio, Corizon Incorporated, April Dawson, John Migliori, Rona Siegert, Philip A Turney, Murray Young re 11 Complaint,, 30 Notice of Appearance, 33 Notice of Appearance Consent/Objection to Magistrate due by 6/18/2018. (cjs)

April 18, 2018

April 18, 2018

PACER
37

ANSWER to 11 Complaint,, by Corizon Incorporated, April Dawson, John Migliori, Murray Young.(Eaton, Dylan)

May 11, 2018

May 11, 2018

PACER
38

ANSWER to 11 Complaint,, by Henry Atencio, Rona Siegert.(Hall, Brady)

May 11, 2018

May 11, 2018

PACER
39

AMENDED ANSWER to 11 Complaint,, by Corizon Incorporated, April Dawson, John Migliori, Murray Young. (Eaton, Dylan)

May 11, 2018

May 11, 2018

RECAP
40

CERTIFICATE OF SERVICE by Henry Atencio, Rona Siegert re 38 Answer to Complaint Corrected (Hall, Brady)

May 14, 2018

May 14, 2018

PACER

RECEIPT: CIVIL FILING FEE Fee Received for Billy Bartlett $70.00 receipt #IDX22243 Billy Bartlett's portion of fee PAID IN FULL. (jld)

May 14, 2018

May 14, 2018

PACER
41

Docket entry only - CONSENT to Magistrate Judge filed. (cjs) (Entered: 05/16/2018)

May 15, 2018

May 15, 2018

PACER

The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. Consent deadline(s) termed. (cjs)

June 19, 2018

June 19, 2018

PACER
42

A REQUEST TO REMAIN WITH A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(cjs)

June 22, 2018

June 22, 2018

PACER
43

REQUEST by Plaintiff Philip A Turney for Status of Motion Dkt. 25 and for copy of Docket Sheet. (cjs)(Mailed copy of Docket Sheet reflecting motion is still pending before the Court on 6/22/2018 in SASE.)

June 22, 2018

June 22, 2018

PACER
44

NOTICE of Change of Address by Philip A Turney (cjs)(Conformed copy returned on 6/28/2018 with note that in future a SASE must also be submitted.) (Entered: 06/28/2018)

June 27, 2018

June 27, 2018

PACER
45

NOTICE of Appearance by Richard A Hearn on behalf of Philip A Turney (Hearn, Richard)

July 2, 2018

July 2, 2018

PACER
46

ORDER. IT IS ORDERED: Plaintiffs Motion for Relief and/or Reconsideration from Order of Severance, and to Consolidate Causes of Action (Dkt. 25 ) is DENIED. Plaintiffs Motion to File Under Seal (Dkt. 26 ) is GRANTED. The Clerk of Court is directed to file a copy of this Order in the related cases identified in the caption. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 07/10/2018)

July 9, 2018

July 9, 2018

PACER
47

STIPULATION to consolidate w 97,99,100 by Philip A Turney. (Hearn, Richard)

Aug. 13, 2018

Aug. 13, 2018

PACER
48

DISREGARD per Corrective Entry (km).

Sept. 5, 2018

Sept. 5, 2018

PACER
49

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Philip A Turney. (Hearn, Richard)

Sept. 5, 2018

Sept. 5, 2018

PACER

CORRECTIVE ENTRY - Please disregard docket number 48 Transcript, as it was inadvertently filed in the wrong case. All deadlines associated to this docket entry will be terminated. (km)

Sept. 5, 2018

Sept. 5, 2018

PACER
50

ORDER re ( 47 in 1:18-cv-00001-BLW) Stipulation - IT IS HEREBY ORDERED that Stipulation to Consolidate the above referenced cases is GRANTED. Case No. 1:18-cv-00001-BLW shall be the lead case, and all future filings shall be made in that case. Signed by Judge B. Lynn Winmill. Associated Cases: 1:18-cv-00001-BLW, 1:18-cv-00097-BLW, 1:18-cv-00099-BLW, 1:18-cv-00100-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Sept. 19, 2018

Sept. 19, 2018

RECAP
51

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - Case Management deadline set for 10/15/2018 for the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 10/18/2018 03:30 PM in Boise Chambers before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Sept. 20, 2018

Sept. 20, 2018

PACER
52

AMENDED DOCKET ENTRY NOTICE OF HEARING: Due to scheduling conflicts, the Telephonic Scheduling Conference set for 10/18/2018 is VACATED and RESCHEDULED for 10/17/2018 at 1:00 PM before Judge B. Lynn Winmill. The Plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145. The joint Litigation Plan and Discovery Plan shall be filed by 10/12/2018. (jlb)

Sept. 25, 2018

Sept. 25, 2018

PACER
53

MOTION to Consolidate Cases 1:18-cv-0001-BLW and 1:16-cv-0309-BLW Richard A Hearn appearing for Plaintiffs Billy Ray Bartlett, Reuben J Cortes, Michael A McCall, Philip A Turney. Responses due by 10/25/2018 (Attachments: # 1 Memorandum in Support)(Hearn, Richard)

Oct. 4, 2018

Oct. 4, 2018

Clearinghouse
54

WITHDRAWN - First MOTION to Certify Class Richard A Hearn appearing for Plaintiffs Billy Ray Bartlett, Reuben J Cortes, Michael A McCall, Philip A Turney. Responses due by 11/6/2018 (Attachments: # 1 Memorandum in Support, # 2 Memorandum in Support)(Hearn, Richard) Modified on 2/25/2019 to reflect withdrawn by Order Dkt. 100 (cjs).

Oct. 16, 2018

Oct. 16, 2018

PACER
55

DECLARATION of Richard Hearn re 54 First MOTION to Certify Class filed by Philip A Turney . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E1, # 6 Exhibit E2, # 7 Exhibit E3, # 8 Exhibit E4, # 9 Exhibit E5, # 10 Exhibit E6, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N, # 20 Exhibit O, # 21 Exhibit P, # 22 Exhibit Q, # 23 Exhibit R, # 24 Exhibit R1, # 25 Exhibit R2.1, # 26 Exhibit R2.2, # 27 Exhibit R4, # 28 Exhibit R5, # 29 Exhibit R6, # 30 Exhibit R7, # 31 Exhibit S)(Hearn, Richard)

Oct. 16, 2018

Oct. 16, 2018

PACER
56

DECLARATION of Robert G. Gish M.D. re 54 First MOTION to Certify Class filed by Philip A Turney . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Hearn, Richard)

Oct. 16, 2018

Oct. 16, 2018

PACER
57

DECLARATION of Joseph A Bick, MD re 54 First MOTION to Certify Class filed by Philip A Turney . (Attachments: # 1 Exhibit A)(Hearn, Richard) Modified on 10/17/2018 (cjs).

1 Exhibit A

View on PACER

Oct. 16, 2018

Oct. 16, 2018

PACER
58

DECLARATION of John T. Witte M.D. re 54 First MOTION to Certify Class filed by Philip A Turney . (Attachments: # 1 Exhibit A)(Hearn, Richard)

Oct. 16, 2018

Oct. 16, 2018

PACER
59

SECOND AMENDED DOCKET ENTRY NOTICE OF HEARING: Due to the Court's trial calendar, the Telephonic Scheduling Conference set for 10/17/2018 is RESCHEDULED for 11/5/2018 at 11:30 AM before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 9466. (jlb)

Oct. 16, 2018

Oct. 16, 2018

PACER
60

MOTION to Intervene in Turney, et al v. Atencio, et al. Elijah Martin Watkins, William Christopher Pooser, Wendy J Olson appearing for Intervenor Plaintiff Walter D. Balla, et al.. Responses due by 11/7/2018 (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(Watkins, Elijah)

Oct. 17, 2018

Oct. 17, 2018

PACER
61

NOTICE of Appearance by Andrew Virel Wake on behalf of Corizon Incorporated, April Dawson, John Migliori, Murray Young (Wake, Andrew)

Oct. 18, 2018

Oct. 18, 2018

PACER
65

NOTICE of ORDER of USCA, No. 18-80041 re 29 Notice. The court, in its discretion, denies the petition for permission to appeal the district courts March 12, 2018 order denying class action certification. (cjs) (Entered: 10/30/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
62

MOTION to Continue Motion to Expedite Hearing on Motions to Consolidate and Intervene adn Motion to Briefly Continue Hearing on Motion for TRO/Preliminary Injunction and Motion for Certification of a Rule 23(b)(2) Class Richard A Hearn appearing for Plaintiffs Billy Ray Bartlett, Reuben J Cortes, Michael A McCall, Philip A Turney. Responses due by 11/13/2018 (Hearn, Richard)

Oct. 23, 2018

Oct. 23, 2018

PACER
63

RESPONSE to Motion re 53 MOTION to Consolidate Cases 1:18-cv-0001-BLW and 1:16-cv-0309-BLW filed by Corizon Incorporated, April Dawson, John Migliori, Murray Young. Replies due by 11/8/2018.(Eaton, Dylan)

Oct. 25, 2018

Oct. 25, 2018

PACER
64

RESPONSE to Motion re 53 MOTION to Consolidate Cases 1:18-cv-0001-BLW and 1:16-cv-0309-BLW filed by Henry Atencio, Rona Siegert. Replies due by 11/8/2018.(Hall, Brady)

Oct. 25, 2018

Oct. 25, 2018

PACER
66

MOTION for Extension of Time to File Response/Reply as to 54 First MOTION to Certify Class Brady James Hall appearing for Defendants Henry Atencio, Rona Siegert. Responses due by 11/23/2018 (Attachments: # 1 Memorandum in Support)(Hall, Brady)

Nov. 2, 2018

Nov. 2, 2018

PACER
67

JOINDER by Defendants Corizon Incorporated, April Dawson, John Migliori, Murray Young joining 66 MOTION for Extension of Time to File Response/Reply as to 54 First MOTION to Certify Class . (Eaton, Dylan)

Nov. 2, 2018

Nov. 2, 2018

PACER
68

NOTICE of Appearance by Craig D Stacey on behalf of Henry Atencio, Rona Siegert (Stacey, Craig)

Nov. 7, 2018

Nov. 7, 2018

PACER
69

RESPONSE to Motion re 60 MOTION to Intervene in Turney, et al v. Atencio, et al. IDOC Defendants' Response to Walter C. Balla, et al.'s Motion to Intervene filed by Henry Atencio, Rona Siegert. Replies due by 11/21/2018.(Stacey, Craig)

Nov. 7, 2018

Nov. 7, 2018

PACER
70

JOINDER by Defendants Corizon Incorporated, April Dawson, John Migliori, Murray Young joining 69 Response to Motion, . (Eaton, Dylan)

Nov. 7, 2018

Nov. 7, 2018

PACER
71

REPLY to Response to Motion re 53 MOTION to Consolidate Cases 1:18-cv-0001-BLW and 1:16-cv-0309-BLW filed by Philip A Turney.(Hearn, Richard)

Nov. 8, 2018

Nov. 8, 2018

PACER
72

DOCKET ENTRY NOTICE OF HEARING regarding 53 MOTION to Consolidate Cases 1:18-cv-0001-BLW and 1:16-cv-0309-BLW, and 60 MOTION to Intervene in Turney, et al v. Atencio, et al.: A Motion Hearing is set for 11/27/2018 at 3:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlb)

Nov. 9, 2018

Nov. 9, 2018

PACER
73

MOTION to Seal Declarations of Parties in Interest Richard A Hearn appearing for Plaintiffs Billy Ray Bartlett, Reuben J Cortes, Michael A McCall, Philip A Turney. Responses due by 12/11/2018 (Attachments: # 1 Memorandum in Support)(Hearn, Richard)

Nov. 20, 2018

Nov. 20, 2018

PACER
74

Sealed Document Re: 73 MOTION to Seal Declarations of Parties in Interest . (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 dEclaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Declaration, # 11 Declaration, # 12 Declaration, # 13 Declaration, # 14 Declaration, # 15 Declaration, # 16 Declaration, # 17 Declaration, # 18 Declaration, # 19 Declaration, # 20 Cert of Service)(Hearn, Richard) Modified on 2/25/2019 to reflect under seal by Order Dkt. 100 (cjs).

Nov. 20, 2018

Nov. 20, 2018

PACER
75

REPLY to Response to Motion re 60 MOTION to Intervene in Turney, et al v. Atencio, et al. filed by Walter D. Balla, et al.. (Attachments: # 1 Affidavit of Wendy J. Olson, # 2 Exhibit A to Olson Declaration, # 3 Exhibit B to Olson Declaration, # 4 Exhibit C to Olson Declaration, # 5 Exhibit D to Olson Declaration, # 6 Exhibit E to Olson Declaration, # 7 Exhibit F to Olson Declaration, # 8 Exhibit G to Olson Declaration, # 9 Exhibit H to Olson Declaration, # 10 Exhibit I to Olson Declaration, # 11 Exhibit J to Olson Declaration, # 12 Exhibit K to Olson Declaration, # 13 Exhibit L to Olson Declaration, # 14 Exhibit M to Olson Declaration, # 15 Exhibit N to Olson Declaration)(Olson, Wendy)

Nov. 21, 2018

Nov. 21, 2018

PACER
76

Sealed Document Re: 75 Reply to Response to Motion,, Exhibit A to Declaration of Wendy J. Olson. (Olson, Wendy)

Nov. 21, 2018

Nov. 21, 2018

PACER
77

RESPONSE to Motion re 66 MOTION for Extension of Time to File Response/Reply as to 54 First MOTION to Certify Class filed by Philip A Turney. Replies due by 12/5/2018. (Attachments: # 1 Exhibit)(Hearn, Richard)

Nov. 21, 2018

Nov. 21, 2018

PACER
78

DOCKET ENTRY NOTICE OF VACATED HEARING: The motion hearing scheduled for November 27, 2018 before Judge B. Lynn Winmill, regarding Motion to Consolidate Cases 53 and Motion to Intervene 60, is VACATED. (jlb)

Nov. 27, 2018

Nov. 27, 2018

PACER
79

WITHDRAWN - MOTION for Partial Summary Judgment Richard A Hearn appearing for Plaintiffs Billy Ray Bartlett, Reuben J Cortes, Michael A McCall, Philip A Turney. Responses due by 12/24/2018 (Attachments: # 1 Memorandum in Support)(Hearn, Richard) Modified on 2/25/2019 to reflect withdrawn by Order Dkt. 100 (cjs).

Dec. 3, 2018

Dec. 3, 2018

PACER
80

Statement Undisputed Facts re 79 MOTION for Partial Summary Judgment filed by Philip A Turney.(Hearn, Richard)

Dec. 3, 2018

Dec. 3, 2018

PACER
81

REPLY to Response to Motion re 66 MOTION for Extension of Time to File Response/Reply as to 54 First MOTION to Certify Class filed by Henry Atencio, Rona Siegert.(Hall, Brady)

Dec. 5, 2018

Dec. 5, 2018

PACER
82

JOINDER by Defendants Corizon Incorporated, April Dawson, John Migliori, Murray Young joining 81 Reply to Response to Motion . (Eaton, Dylan)

Dec. 5, 2018

Dec. 5, 2018

PACER
83

MOTION for Extension of Time to File Response/Reply as to 79 MOTION for Partial Summary Judgment Brady James Hall appearing for Defendant Rona Siegert. Responses due by 1/14/2019 (Hall, Brady)

Dec. 24, 2018

Dec. 24, 2018

PACER
84

JOINDER by Defendants Corizon Incorporated, April Dawson, John Migliori, Murray Young, Corizon Incorporated, April Dawson, John Migliori, Murray Young, Corizon Incorporated, April Dawson, John Migliori, Murray Young, Corizon Incorporated, April Dawson, John Migliori, Murray Young joining (83 in 1:18-cv-00001-BLW) MOTION for Extension of Time to File Response/Reply as to (79) MOTION for Partial Summary Judgment, (79 in 1:18-cv-00001-BLW) MOTION for Partial Summary Judgment Defendants Corizon, Inc., John G. Migliori, Murrary F. Young, and April C. Dawson's Joinder in IDOC Defendants' Unopposed Motion for An Extension of Time to Respond to Plaintiffs' Motion for Partial Summary Judgment (Dkt. 79). Associated Cases: 1:18-cv-00001-BLW, 1:18-cv-00097-BLW, 1:18-cv-00099-BLW, 1:18-cv-00100-BLW(Eaton, Dylan)

Dec. 26, 2018

Dec. 26, 2018

RECAP
85

NOTICE by Philip A Turney Notice of Non-Opposition to 14 day extension (Hearn, Richard)

Dec. 26, 2018

Dec. 26, 2018

PACER
86

MOTION to Stay re 79 MOTION for Partial Summary Judgment Dylan Alexander Eaton appearing for Defendants Corizon Incorporated, April Dawson, John Migliori, Murray Young. Responses due by 1/28/2019 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Dylan A. Eaton)(Eaton, Dylan)

Jan. 7, 2019

Jan. 7, 2019

PACER
87

RESPONSE to Motion re 79 MOTION for Partial Summary Judgment filed by Henry Atencio, Rona Siegert. Replies due by 1/22/2019. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Brady J. Hall)(Hall, Brady)

Jan. 7, 2019

Jan. 7, 2019

PACER
88

MOTION for Extension of Time to File Response/Reply as to 79 MOTION for Partial Summary Judgment Brady James Hall appearing for Defendants Henry Atencio, Rona Siegert. Responses due by 1/28/2019 (Attachments: # 1 Memorandum in Support)(Hall, Brady)

Jan. 7, 2019

Jan. 7, 2019

PACER
89

MEMORANDUM in Opposition re 86 MOTION to Stay re 79 MOTION for Partial Summary Judgment, 88 MOTION for Extension of Time to File Response/Reply as to 79 MOTION for Partial Summary Judgment filed by Philip A Turney. Replies due by 1/30/2019.(Hearn, Richard)

Jan. 16, 2019

Jan. 16, 2019

PACER
90

DECLARATION re 89 Memorandum in Opposition to Motion, filed by Philip A Turney 2nd Declaration Richard A. Hearn. (Attachments: # 1 Exhibit Records Turney, # 2 Exhibit Records Bartlett)(Hearn, Richard)

Jan. 16, 2019

Jan. 16, 2019

PACER
91

REPLY to Response to Motion re 79 MOTION for Partial Summary Judgment Dkt 87 filed by Philip A Turney.Motion Ripe Deadline set for 1/17/2019.(Hearn, Richard)

Jan. 16, 2019

Jan. 16, 2019

PACER
92

MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs Motion to Consolidate Cases (Dkt. 53 ) is GRANTED to the extent specified herein above.2. The Balla classs Motion to Intervene (Dkt. 60 ) is DENIED. 3. All pending Motions for Extension of Time (Dkt. 66, 83, 88 ) are GRANTED to the following extent. Nothing further shall be filed in this case until the partiesattend the case management conference.... Signed by Judge B. Lynn Winmill. Associated Cases: 1:18-cv-00001-BLW, 1:16-cv-00309-BLW, 1:18-cv-00097-BLW, 1:18-cv-00099-BLW, 1:18-cv-00100-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Jan. 17, 2019

Jan. 17, 2019

Clearinghouse
93

MOTION FOR PRO HAC VICE APPEARANCE by William R. Lunsford. ( Filing fee $ 250 receipt number 0976-1836666.)Dylan Alexander Eaton appearing for Defendant Corizon Incorporated. Responses due by 2/8/2019 (Eaton, Dylan)

Jan. 18, 2019

Jan. 18, 2019

PACER
94

ORDER RE: CASE MANAGEMENT CONFERENCE - A two-hour Case Management Conference set for 1/22/2019 09:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Counsel for the parties shall attend. Counsel for the Idaho Department of Correction (IDOC) shall make arrangement for prison officials to make Ray Marvin Nichols, Inmate #36258, available by prison officials in a room withteleconference capabilities, fifteen minutes before the conference is to begin. If counsel receives notice before the hearing that Mr. Nichols has retained counsel, then counsel for the IDOC shall instead inform new counsel of the case management conference (Monday is a holiday for court staff) and Mr. Nichols will not participate. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Jan. 18, 2019

Jan. 18, 2019

PACER
95

DOCKET ENTRY ORDER approvting 93 Motion for Pro Hac Vice Appearance of attorney William R Lunsford for Corizon Incorporated. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Jan. 22, 2019

Jan. 22, 2019

PACER
96

MEMORANDUM DECISION AND ORDER (42 in 1:16-cv-00309-BLW) - IT IS ORDERED: 1. Defendant's MOTION for Summary Judgment (Dkt. 42 in Member Case No 1:16-cv-00309-BLW) is GRANTED in part and DENIED in part, to the extent set forth above. 2. The Court approves, and the parties shall follow, the case management plan they have developed, as set forth above. Counsel may adjust the disclosure deadlines over the next 60 days, as needed, so long as the adjustments are reasonable and aimed at keeping this case on a fast track toward resolution. Counsel shall notify the Court of any adjustments by filing a notice. 3. Mr. Nichols shall file a motion to or notice of voluntary dismissal within 7 days. Otherwise, his claims will be dismissed without prejudice. Signed by Judge B. Lynn Winmill. Associated Cases: 1:18-cv-00001-BLW, 1:16-cv-00309-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Jan. 29, 2019

Jan. 29, 2019

Clearinghouse

Case Details

State / Territory: Idaho

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Jan. 3, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are incarcerated individuals in the Idaho Department of Corrections who have been, or who have reason to believe they should be, diagnosed with Hepatitis C. Plaintiffs seek to represent three classes. Subclass A have not been diagnosed with Hepatitis C as a result of Defendants’ refusal to institute “opt-out” testing for hepatitis C. Plaintiffs in subclasses B and C have suffered from serious medical need, disability, and life threatening disease due to their Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Corizon Health, Inc. (Brentwood, Kentucky), Private Entity/Person

Idaho Department of Corrections (Boise), Federal

Defendant Type(s):

Jurisdiction-wide

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 Bivens

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

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Testing

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run