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Case: Riggleman v. Clarke

5:17-cv-00063 | U.S. District Court for the Western District of Virginia

Filed Date: June 26, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 27, 2017, an prisoner in the custody of the Virginia Department of Corrections (VDOC) brought this lawsuit in the U.S. District Court for the Western District of Virginia, against VDOC's Director and its Chief Medical Director in their official and personal capacities. Plaintiff, who had Hepatitis C, claimed that VDOC knowingly refused him medical care for his disease and this refusal violated the Eighth Amendment's Cruel and Unusual Punishments Clause and the state constitution. Plaint…

On June 27, 2017, an prisoner in the custody of the Virginia Department of Corrections (VDOC) brought this lawsuit in the U.S. District Court for the Western District of Virginia, against VDOC's Director and its Chief Medical Director in their official and personal capacities. Plaintiff, who had Hepatitis C, claimed that VDOC knowingly refused him medical care for his disease and this refusal violated the Eighth Amendment's Cruel and Unusual Punishments Clause and the state constitution. Plaintiff was represented by attorneys from Nexus Caridades Attorneys, Inc. and sought to represent a class of plaintiffs incarcerated at VDOC who had "at least twelve (12) weeks or more remaining to serve on their sentences and whose Department of Corrections medical records demonstrate that they have Hepatitis C." The complaint sought a declaration that VDOC's policy for Hepatitis C treatment violated the U.S. and Virginia constitutions as well as an injunction ordering remedial measures in Virginia's prison system. The case was assigned to Judge Norman K. Moon on December 21, 2017.

Judge Moon ruled on defendants' motion to dismiss on February 18, 2018 finding for plaintiffs in part. 2018 WL 847783. The court held that the complaint pleaded sufficient facts to state a claim for direct and supervisory liability. Regarding the Chief Medical Director, the court said that knowingly refusing medical treatment to a prisoner suffering from a serious medical need -- as plaintiff's complaint stated -- "is a quintessential deliberate indifference claim." As for the Director, the court held the complaint alleged sufficient facts to support an inference that he had "actual knowledge of a prisoner's serious medical condition but fail[ed] to secure treatment for it," and therefore he could be liable for an Eighth Amendment violation. The court likewise dismissed defendants' claim of qualified immunity, holding that "no reasonable official could think [a] willful refusal to treat a known, serious condition did not violate the Eighth Amendment." However, the court granted defendants' motion to dismiss on the state law claims because plaintiff did not address whether the operative provision of the Virginia constitution provided a private cause of action.

On April 20, 2018, Judge Moon denied plaintiff's motion for class certification because the motion was based entirely on the complaint. Nevertheless, the dismissal was without prejudice because the parties had engaged in discovery since the motion to certify the class was filed and plaintiff may have since acquired sufficient information to support certification.

In light of the parties' settlement discussions, Judge Moon also denied plaintiff's motion for a preliminary injunction without prejudice on September 14, 2018. 

On April 25, 2019, the court granted defendants' motion for summary judgment in part. 2019 WL 1867451. Judge Moon granted defendants qualified immunity as to claims for money damages in light of "the lack of legal authority making the unlawfulness of Defendants' course of action in this case apparent." However, the court denied defendants' motion for summary judgment as to plaintiff's injunctive and declaratory claims for relief. Accordingly, the plaintiff's demand for a jury trial was stricken and the court proceeded with the injunctive claims by bench trial.

The court ruled on plaintiff's second motion to certify the class on April 29, 2019. 2019 WL 1903795. Judge Moon denied class certification because plaintiff was not an adequate class representative. Plaintiff's counsel was unsuited to carry out the class action because of their inexperience. Plaintiff sought permission to appeal this denial two days later on the grounds that defendants had not challenged the adequacy of plaintiff's counsel. The district court issued a temporary stay in light of plaintiff's appeal.  On June 10, 2019, the U.S. Court of Appeals for the Fourth Circuit denied plaintiff's motion for permission to appeal.  

On June 23, 2022, Judge Moon stayed further proceedings in the district court pending resolution of Pfaller v. Clarke, No. 21- 1555, 21-1612 (4th Cir.). Pfaller concerned whether VDOC officials were entitled to qualified immunity from the plaintiff-prisoner's claims that they violated his Eighth Amendment rights to adequate medical care arising out of their alleged failure to treat his Hepatitis C. That appeal had been fully briefed, and the outcome of that appeal would be highly relevant to the remaining issues presented in this case.

This case is ongoing as of August 10, 2022 pending the Fourth Circuit's decision in Pfaller.

Summary Authors

Jordan Katz (8/10/2022)

Documents in the Clearinghouse

Document
1

5:17-cv-00063

Class Action Complaint for Equitable Relief Regarding Plaintiff and all Class Members and Compensatory Relief for Plaintiff only

June 26, 2017

June 26, 2017

Complaint
56

5:17-cv-00063

Memorandum Opinion

Feb. 13, 2018

Feb. 13, 2018

Order/Opinion
60

5:17-cv-00063

Order

April 20, 2018

April 20, 2018

Order/Opinion
98

5:17-cv-00063

Order

Sept. 14, 2018

Sept. 14, 2018

Order/Opinion
141

5:17-cv-00063

Memorandum Opinion

April 25, 2019

April 25, 2019

Order/Opinion
145

5:17-cv-00063

Memorandum Opinion

April 29, 2019

April 29, 2019

Order/Opinion
157

5:17-cv-00063

Order

May 6, 2019

May 6, 2019

Order/Opinion
166

5:17-cv-00063

Memorandum Opinion

May 9, 2019

May 9, 2019

Order/Opinion
203

5:17-cv-00063

Defendants Harold Clarke and Mark Amonette, MD'S Notice Regarding Stay of Proceedings

June 15, 2022

June 15, 2022

Pleading / Motion / Brief
204

5:17-cv-00063

Order

June 23, 2022

June 23, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6306696/riggleman-v-clarke/

Last updated Dec. 1, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mark Amonette, Harold Clarke (Filing & Administrative fee $ 400.00, Receipt No. 0423-2701567), filed by Terry A. Riggleman. 70 Day Notice due by 9/5/2017. 90 Day Service due by 9/25/2017. (Attachments: # 1 Civil Cover Sheet)(jat) (Entered: 06/27/2017)

June 26, 2017

June 26, 2017

Clearinghouse
2

Electronic Summons Issued as to Mark Amonette, Harold Clarke NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Exhibit Summons)(jat)

June 27, 2017

June 27, 2017

PACER
3

First MOTION for Mario B. Williams to Appear Pro Hac Vice. by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

July 13, 2017

July 13, 2017

PACER
4

ORDER granting 3 MOTION for Mario Bernard Williams to Appear Pro Hac Vice. Signed by Chief Judge Michael F. Urbanski on 7/17/2017. (jat)

July 18, 2017

July 18, 2017

PACER
5

Proposed Summons by Terry A. Riggleman as to Harold Clarke.(Williams, Mario) (Main Document 5 replaced on 7/28/2017) (jat).

July 28, 2017

July 28, 2017

PACER
6

Notice of Correction re 5 Proposed Summons - Fillable form flattened by adobe and reattached to entry. Counsel should flatten all fillable forms before filing. (jat)

July 28, 2017

July 28, 2017

PACER
7

Electronic Summons Re-Issued as to Harold Clarke NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jat)

July 28, 2017

July 28, 2017

PACER
8

SUMMONS Returned Executed by Terry A. Riggleman. Mark Amonette served on 7/20/2017, answer due 8/10/2017.(Williams, Mario)

Aug. 4, 2017

Aug. 4, 2017

PACER
9

NOTICE of Appearance by Richard Carson Vorhis on behalf of Mark Amonette, Harold Clarke (Vorhis, Richard)

Aug. 8, 2017

Aug. 8, 2017

PACER
10

MOTION for Extension of Time to File Response/Reply by Mark Amonette, Harold Clarke. (Attachments: # 1 Text of Proposed Order)(Vorhis, Richard)

Aug. 8, 2017

Aug. 8, 2017

PACER
11

ORDER granting 10 Motion for Extension of Time to File Response/Reply. Responses due by 9/11/2017. Signed by Chief Judge Michael F. Urbanski on 8/10/2017. (jat)

Aug. 10, 2017

Aug. 10, 2017

PACER
12

NOTICE of Appearance by Edward J. McNelis, III on behalf of Mark Amonette, Harold Clarke (McNelis, Edward)

Sept. 8, 2017

Sept. 8, 2017

PACER
13

NOTICE of Appearance by Elizabeth Martin Muldowney on behalf of Mark Amonette, Harold Clarke (Muldowney, Elizabeth)

Sept. 8, 2017

Sept. 8, 2017

PACER
14

MOTION to Substitute Attorney of Record by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Sept. 8, 2017

Sept. 8, 2017

PACER
15

Brief / Memorandum in Support re 14 MOTION to Substitute Attorney of Record . filed by Mark Amonette, Harold Clarke. (Attachments: # 1 Exhibit 1, Proposed Order)(Muldowney, Elizabeth)

Sept. 8, 2017

Sept. 8, 2017

PACER
16

Consent MOTION for Extension of Time to File Answer and/or Responsive Pleadings by Mark Amonette, Harold Clarke. (Attachments: # 1 Exhibit 1, Proposed Order)(Muldowney, Elizabeth)

Sept. 8, 2017

Sept. 8, 2017

PACER
17

ORDER granting 16 Motion for Extension of Time to Answer re 1 Complaint, Mark Amonette answer due 11/7/2017; Harold Clarke answer due 11/7/2017. Signed by Chief Judge Michael F. Urbanski on 9/11/2017. (jat)

Sept. 11, 2017

Sept. 11, 2017

PACER
18

WAIVER OF SERVICE Returned Executed by Terry A. Riggleman. Harold Clarke waiver sent on 9/8/2017, answer due 11/7/2017.(Williams, Mario)

Sept. 12, 2017

Sept. 12, 2017

PACER
19

ORDER granting 14 Motion to Substitute Attorney. Attorney Richard Carson Vorhis terminated. Signed by Chief Judge Michael F. Urbanski on 9/13/2017. (jat)

Sept. 14, 2017

Sept. 14, 2017

PACER
20

NOTICE of Appearance by Mario Bernard Williams on behalf of Terry A. Riggleman (Williams, Mario)

Sept. 20, 2017

Sept. 20, 2017

PACER
21

MOTION for Andrew Ready Tate to Appear Pro Hac Vice. by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Williams, Mario)

Oct. 6, 2017

Oct. 6, 2017

PACER
22

MOTION for Preliminary Injunction by Terry A. Riggleman. (Attachments: # 1 Exhibit Exhibit 1 - Abu-Jamal v Wetzel, # 2 Exhibit Exhibit 2 - VDOC Hep C Guidelines.pdf)(Williams, Mario)

1 Exhibit Exhibit 1 - Abu-Jamal v Wetzel

View on PACER

2 Exhibit Exhibit 2 - VDOC Hep C Guidelines.pdf

View on RECAP

Oct. 9, 2017

Oct. 9, 2017

PACER
23

ORDER granting 21 MOTION for Andrew Ready Tate to Appear Pro Hac Vice. Attorney Andrew Ready Tate for Terry A. Riggleman added. Signed by Chief Judge Michael F. Urbanski on 10/18/17. (kld)

Oct. 19, 2017

Oct. 19, 2017

PACER
24

JOINT MOTION for Extension of Time to File a Response re Motion for A Preliminary Injunction 22 by Mark Amonette, Harold Clarke (Attachments: # 1 Exhibit 1, Proposed Order)(Muldowney, Elizabeth) Modified docket text on 10/23/2017 (jat).

Oct. 23, 2017

Oct. 23, 2017

PACER
25

Notice of Correction re 24 MOTION for Extension of Time to File Response/Reply - Modified docket entry from Stipulation to Joint Motion for Extension. (jat)

Oct. 23, 2017

Oct. 23, 2017

PACER
26

ORDER granting 24 Motion for Extension of Time to File Response/Reply re 22 Motion for Preliminary Injunction. Responses due by 11/7/2017. Signed by Chief Judge Michael F. Urbanski on 10/24/2017. (jat)

Oct. 24, 2017

Oct. 24, 2017

PACER
27

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Nov. 7, 2017

Nov. 7, 2017

PACER
28

Brief / Memorandum in Support re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Nov. 7, 2017

Nov. 7, 2017

PACER
29

ANSWER to 1 Complaint, by Mark Amonette, Harold Clarke.(Muldowney, Elizabeth)

Nov. 7, 2017

Nov. 7, 2017

RECAP
30

Brief / Memorandum in Opposition re 22 MOTION for Preliminary Injunction . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Nov. 7, 2017

Nov. 7, 2017

PACER
31

Consent MOTION for Extension of Time to File Response/Reply as to 30 Brief / Memorandum in Opposition, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

Nov. 15, 2017

Nov. 15, 2017

PACER
32

Magistrate Consent Notice to Parties. (jv)

Nov. 16, 2017

Nov. 16, 2017

PACER
33

ORDER granting 31 Motion for Extension of Time to File Response/Reply. Responses due by 12/5/2017. Signed by Chief Judge Michael F. Urbanski on 11/17/17. (kld)

Nov. 17, 2017

Nov. 17, 2017

PACER
34

Scheduling Letter (kld)

Nov. 17, 2017

Nov. 17, 2017

PACER
35

NOTICE of Hearing on Motion 22 MOTION for Preliminary Injunction, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (CR) (No Interpreter requested) Motion Hearing set for 1/18/2018 11:00 AM in Harrisonburg before Chief Judge Michael F. Urbanski. (mka)

Nov. 21, 2017

Nov. 21, 2017

PACER
36

REPLY to Response to Motion re 22 MOTION for Preliminary Injunction . filed by Terry A. Riggleman. (Williams, Mario)

Dec. 5, 2017

Dec. 5, 2017

PACER
37

RESPONSE in Opposition re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Terry A. Riggleman. (Williams, Mario)

Dec. 5, 2017

Dec. 5, 2017

PACER
38

REPLY to Response to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Dec. 12, 2017

Dec. 12, 2017

PACER
39

MOTION to Certify Class by Terry A. Riggleman. (Williams, Mario)

Dec. 15, 2017

Dec. 15, 2017

PACER
40

ORDER TRANSFERRING CASE. Case transferred to Judge Norman K. Moon for all further proceedings. District Judge Michael F. Urbanski no longer assigned to case. Signed by Chief Judge Michael F. Urbanski on 12/20/17. (kld)

Dec. 21, 2017

Dec. 21, 2017

PACER
41

NOTICE Rescheduling Hearing on Motion 22 MOTION for Preliminary Injunction, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (CR) previously set for 1/18/2018 at 11:00 AM before Judge Chief Judge Michael F. Urbanski in Harrisonburg: Motion Hearing re-set for 1/18/2018 at 02:00 PM in LYNCHBURG before Judge Norman K. Moon. (sfc)

Dec. 21, 2017

Dec. 21, 2017

PACER
42

Consent MOTION to Continue the Hearing on the Motion for a Preliminary Injunction by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

Dec. 28, 2017

Dec. 28, 2017

PACER
43

ORAL ORDER granting 42 Motion to Continue the Hearing on 22 Motion for Preliminary Injunction. Parties are directed to contact the scheduling clerk when they are prepared to move forward on the Motion for Preliminary Injunction. Entered by Judge Norman K. Moon on December 28, 2017. (sfc)

Dec. 28, 2017

Dec. 28, 2017

PACER
44

Notice of Cancellation of January 18, 2018, Hearing on 22 Motion for Preliminary Injunction. Hearing will go forward as to 27 Motion to Dismiss. (sfc)

Dec. 28, 2017

Dec. 28, 2017

PACER
45

RESPONSE in Opposition re 39 MOTION to Certify Class . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Dec. 29, 2017

Dec. 29, 2017

PACER
46

REPLY to Response to Motion re 39 MOTION to Certify Class . filed by Terry A. Riggleman. (Williams, Mario)

Jan. 5, 2018

Jan. 5, 2018

PACER
47

Joint MOTION for Protective Order by Mark Amonette, Harold Clarke. (Attachments: # 1 Text of Proposed Order)(Muldowney, Elizabeth)

Jan. 12, 2018

Jan. 12, 2018

PACER
48

JOINT STIPULATED PROTECTIVE ORDER granting 47 Motion for Protective Order. Signed by Senior Judge Norman K. Moon on January 12, 2018. (sfc)

Jan. 12, 2018

Jan. 12, 2018

RECAP
49

PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Joel C. Hoppe as set forth herein). Signed by Senior Judge Norman K. Moon on January 12, 2018. (sfc)

Jan. 12, 2018

Jan. 12, 2018

PACER
50

Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 1/18/2018 re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Harold Clarke, Mark Amonette. (Court Reporter Sonia Ferris.) (sfc)

Jan. 18, 2018

Jan. 18, 2018

PACER
51

NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for May 13-24, 2019 09:30 AM in Harrisonburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw)

Jan. 29, 2018

Jan. 29, 2018

PACER
52

ORAL ORDER directing that the trial in this matter shall be held in the Charlottesville Division of this Court located at 255 West Main Street, Charlottesville, Virginia and the prospective jurors pulled from said Division's jury pool. Entered by Senior Judge Norman K. Moon on 1/30/2018. (hnw)

Jan. 30, 2018

Jan. 30, 2018

PACER
53

Notice Rescheduling Hearing (CR) (No Interpreter requested) previously set for May 13-24, 2019 at 9:30 a.m. before Judge Norman K. Moon in Harrisonburg Jury Trial RESET for May 13-24, 2019 09:30 AM in CHARLOTTESVILLE before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.. PLEASE NOTE THIS IS A CHANGE IN LOCATION ONLY. (hnw)

Jan. 30, 2018

Jan. 30, 2018

PACER
54

Rule 26(f) Agreed Written Plan by Defendants Mark Amonette, Harold Clarke (Muldowney, Elizabeth)

Jan. 30, 2018

Jan. 30, 2018

PACER
55

Order Adopting 54 Rule 26(f)Agreed Written Plan and Amending deadlines in 49 Pretrial Order. Signed by Magistrate Judge Joel C. Hoppe on 1/30/18. (kld)

Jan. 30, 2018

Jan. 30, 2018

PACER
56

MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 2/13/2018. (jv)

Feb. 13, 2018

Feb. 13, 2018

Clearinghouse
57

ORDER granting in part and denying in part 27 Motion to Dismiss for Failure to State a Claim; Count II dismissed with prejudice. Signed by Senior Judge Norman K. Moon on 2/13/2018. (jv)

Feb. 13, 2018

Feb. 13, 2018

PACER
58

NOTICE of Hearing on Motion 22 MOTION for Preliminary Injunction : (CR) Motion Hearing set for 5/21/2018 10:30 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw)

March 22, 2018

March 22, 2018

PACER
59

NOTICE of Hearing on Motion 39 MOTION to Certify Class : (CR) Motion Hearing set for 7/6/2018 10:00 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw)

March 22, 2018

March 22, 2018

PACER
60

ORDER denying without prejudice 39 Motion to Certify Class. Signed by Senior Judge Norman K. Moon on 4/20/18. (kld)

April 20, 2018

April 20, 2018

Clearinghouse
61

Joint MOTION for Protective Order between Plaintiff Terry A. Riggleman and non-parties VCU Health System and VCUHS Department of Health Information Management by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Proposed Protective Order)(Williams, Mario)

April 25, 2018

April 25, 2018

PACER
62

ORDER granting 61 Joint Motion for Protective Order. Signed by Magistrate Judge Joel C. Hoppe on 4/27/18. (kld)

April 27, 2018

April 27, 2018

PACER
63

MOTION to Withdraw as Attorney by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Sherman-Stoltz, Jessica)

May 4, 2018

May 4, 2018

PACER
64

Oral ORDER granting 63 Motion to Withdraw as Attorney. Attorney Jessica Nichole Sherman-Stoltz terminated. Entered by Magistrate Judge Joel C. Hoppe on 5/4/18. (JCH)

May 4, 2018

May 4, 2018

PACER
65

First MOTION for Order to Permit Mr. Riggleman to Attend His Evidentiary Hearing by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Williams, Mario)

May 7, 2018

May 7, 2018

PACER
66

ORDER granting in part and denying in part 65 Motion for incarcerated plaintiff to be released to attend hearing. Signed by Magistrate Judge Joel C. Hoppe on 5/7/18. (kld)

May 7, 2018

May 7, 2018

PACER
67

Order Requesting the Warden at Augusta Correctional Center to transport the plaintiff to Court for hearing on 5/21/18 10:30 AM. Signed by Magistrate Judge Joel C. Hoppe on 5/7/18. (kld)

May 7, 2018

May 7, 2018

PACER
68

NOTICE of Telephonic Hearing: (N) (No Interpreter requested) Telephonic Discovery Hearing set for 5/9/2018 04:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email parties dial in information. (kld)

May 8, 2018

May 8, 2018

PACER
69

MOTION Telephone Conference Regarding Discovery by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12)(Williams, Mario)

1 Exhibit Exhibit 1

View on RECAP

2 Exhibit Exhibit 2

View on RECAP

3 Exhibit Exhibit 3

View on RECAP

4 Exhibit Exhibit 4

View on RECAP

5 Exhibit Exhibit 5

View on RECAP

6 Exhibit Exhibit 6

View on PACER

7 Exhibit Exhibit 7

View on PACER

8 Exhibit Exhibit 8

View on PACER

9 Exhibit Exhibit 9

View on RECAP

10 Exhibit Exhibit 10

View on PACER

11 Exhibit Exhibit 11

View on RECAP

12 Exhibit Exhibit 12

View on PACER

May 8, 2018

May 8, 2018

PACER
70

Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephone Conference held on 5/9/2018. (hnw)

May 9, 2018

May 9, 2018

PACER
71

FTR Log Notes for Telephone Conference in the Charlottesville Division in CR1 held before Judge Joel C. Hoppe on 5/9/18. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: H. Wheeler (hnw)

May 9, 2018

May 9, 2018

PACER
72

ORAL ORDER granting 69 Motion for Telephone Conference Regarding Discovery. Telephone conference re: discovery held on 5/9/18. Entered by Magistrate Judge Joel C. Hoppe on 5/10/18. (kld)

May 10, 2018

May 10, 2018

PACER
73

Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 5/21/2018 re 22 MOTION for Preliminary Injunction filed by Terry A. Riggleman. (Court Reporter Sonia Ferris.) (hnw) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

PACER
74

Consent MOTION for Extension of Time to File Motion for Class Certification by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order Proposed Order)(Williams, Mario)

May 23, 2018

May 23, 2018

PACER
75

ORDER granting 74 Motion for Extension of Time to File Document. Plaintiff's renewed motion for class certification is due on or before July 24, 2018; Defendants' response is due on or before August 7, 2018; and any reply is due on or before August 14, 2018. Signed by Magistrate Judge Joel C. Hoppe on 5/24/2018. (jv)

May 24, 2018

May 24, 2018

PACER
76

TRANSCRIPT REQUEST (14 calendar days Service) by Terry A. Riggleman for Hearing - Motion for Preliminary Injunction held on 5/21/2018 reported by Court Reporter Sonia Ferris before Judge Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (Williams, Mario) Modified on 5/25/2018 to correct the names of the court reporter and judge and type of hearing. (sfc).

May 24, 2018

May 24, 2018

PACER
77

Exhibit List by Mark Amonette, Harold Clarke, Terry A. Riggleman from Hearing on May 21, 2018 (Attachments: # 1 Exhibit Plaintiff's exhibits, # 2 Exhibit Defense exhibit Part 1, # 3 Exhibit Defense exhibit Part 2, # 4 Exhibit Remainder of Defense exhibits)(hnw)

1 Exhibit Plaintiff's exhibits

View on RECAP

2 Exhibit Defense exhibit Part 1

View on RECAP

3 Exhibit Defense exhibit Part 2

View on RECAP

4 Exhibit Remainder of Defense exhibits

View on PACER

May 25, 2018

May 25, 2018

RECAP
78

Notice of Cancellation of July 6, 2018 at 10:00 a.m. Class Certification Hearing (Cancel Court Reporter) (hnw)

June 13, 2018

June 13, 2018

PACER
79

Financial arrangements made (3 Days Service) re 76 Transcript Request changed to 3-day request by counsel Transcript due by 6/18/2018. (sf)

June 15, 2018

June 15, 2018

PACER
80

TRANSCRIPT of Proceedings: Motion hearing held on 5/21/2018 before Judge Norman K. Moon. Court Reporter/Transcriber Sonia Ferris, Telephone number SoniaF@vawd.uscourts.gov/540.434.3181 Ext. 7. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/13/2018. (sf)

June 15, 2018

June 15, 2018

PACER
81

TRANSCRIPT REQUEST (COPY *Only applies if original transcript has been ordered Service) by Mark Amonette, Harold Clarke for Preliminary Injunction Hearing held on 5/21/2018 reported by Court Reporter Sonia Ferris before Judge Judge Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (Muldowney, Elizabeth)

June 19, 2018

June 19, 2018

PACER
82

Transcript Copy Delivered re 81 Transcript Request, (sf)

June 19, 2018

June 19, 2018

PACER
83

TRANSCRIPT REQUEST (COPY *Only applies if original transcript has been ordered Service) by George Rutherglen for Motion / Preliminary Injunction Hearing held on May 21, 2018 reported by Court Reporter Sonia Ferris before Judge Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (ca)

June 26, 2018

June 26, 2018

PACER
84

Financial arrangements made (Ordinary-30 calendar days Service) re 83 Transcript Request, Transcript due by 7/30/2018. (sf)

June 28, 2018

June 28, 2018

PACER
85

Transcript Copy Delivered re 83 Transcript Request, (sf)

July 9, 2018

July 9, 2018

PACER
86

Consent MOTION for Extension of Time to File Motion for Class Certification by Mark Amonette, Harold Clarke.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Muldowney, Elizabeth)

July 10, 2018

July 10, 2018

PACER
87

NOTICE of Telephonic Hearing on Motion 86 Consent MOTION for Extension of Time to File Motion for Class Certification : (FTR) (No Interpreter requested) . Telephonic Motion Hearing set for 7/16/2018 01:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email counsel dial in information.(kld)

July 12, 2018

July 12, 2018

PACER
88

ORDER granting 86 Motion for Extension of Time to File Renewed Motion to Certify Class. Signed by Magistrate Judge Joel C. Hoppe on 7/16/18. (kld)

July 16, 2018

July 16, 2018

PACER
89

FTR Log Notes for Telephone Motion Hearing in the Charlottesville Division in CR3 held before Judge Joel C. Hoppe on Joel Hoppe. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: H. Wheeler (hnw)

July 16, 2018

July 16, 2018

PACER
90

Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephonic Motion Hearing on 86 Consent Motion for Extension of Time held on 7/16/2018. (FTR Operator: H. Wheeler) (hnw)

July 16, 2018

July 16, 2018

PACER
91

Order to Respond- Plaintiff is ordered to file his brief on or before 7/30/2018. Defendants are ordered to respond 14 days thereafter and Plaintiff is ordered to reply 7 days thereafter. Signed by Senior Judge Norman K. Moon on 7/18/18. (jv)

July 18, 2018

July 18, 2018

PACER
92

Brief / Memorandum in Support re 22 MOTION for Preliminary Injunction Plaintiff's Second Brief in Support of His Motion for a Preliminary Injunction. filed by Terry A. Riggleman. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 3, # 4 Exhibit Ex 4, # 5 Exhibit Ex 5, # 6 Exhibit Ex 6, # 7 Exhibit Ex 7, # 8 Exhibit Ex 8, # 9 Exhibit Ex 9, # 10 Exhibit Ex 10)(Williams, Mario)

July 30, 2018

July 30, 2018

PACER
93

Brief / Memorandum in Opposition re 92 Brief / Memorandum in Support, Plaintiff's Second Motion for Preliminary Injunction. filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Aug. 13, 2018

Aug. 13, 2018

PACER
94

REPLY to Response to Motion re 22 MOTION for Preliminary Injunction Plaintiff's Reply to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction. filed by Terry A. Riggleman. (Williams, Mario)

Aug. 20, 2018

Aug. 20, 2018

RECAP
95

Joint MOTION for Extension of Time to File Motion for Class Certification by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Draft of Plaintiff's Motion, # 2 Text of Proposed Order Proposed Order)(Williams, Mario)

Sept. 7, 2018

Sept. 7, 2018

PACER
96

ORDER granting 95 Motion for Extension of Time to Certify Class. Motion due no later than 11/6/2018, Defendants' Response due 11/20/2018, Plaintiff's Reply due 11/27/18. Signed by Magistrate Judge Joel C. Hoppe on 9/7/18. (kld)

Sept. 7, 2018

Sept. 7, 2018

PACER
97

NOTICE of Telephonic Hearing: (N) (No Interpreter requested) Status Conference Call set for 9/20/2018 10:00 AM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email parties dial in information.(kld)

Sept. 13, 2018

Sept. 13, 2018

PACER
98

ORDER denying without prejudice 22 Motion for Preliminary Injunction. Signed by Senior Judge Norman K. Moon on 9/14/18. (kld)

Sept. 14, 2018

Sept. 14, 2018

Clearinghouse
99

Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Status Conference Call held in chambers on 9/20/2018. (kld)

Sept. 20, 2018

Sept. 20, 2018

PACER
100

Second MOTION to Certify Class by Terry A. Riggleman. (Williams, Mario)

Nov. 6, 2018

Nov. 6, 2018

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: June 26, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A person with Hepatitis C, in the custody of Virginia Department of Corrections, seeking to represent a class of all persons who are currently incarcerated in a Virginia Department of Corrections facility who have at least twelve (12) weeks or more remaining to serve on their sentences and whose Department of Corrections medical records demonstrate that they have Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Virginia Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run